Citizenship (Amendment) Act 2019: What's CAA, NRC? How it will impact and why is it seen as a problem?
ET Online Last Updated: Feb 28, 2024, 04:01:00 PM IST Rate Story Abc Medium
In 2019, widespread protests, some of them violent, erupted across India against the Citizenship (Amendment) Act 2019. This Act has once again grabbed headlines amidst reports indicating the government's intention to notify it before the Lok Sabha Elections 2024. The legislation aims to redefine the status of illegal immigrants for Hindu, Sikh, Parsi, Buddhist, and Christian migrants from Pakistan, Afghanistan, and Bangladesh, who have resided in India without proper documentation. They are slated to be granted expedited Indian citizenship within six years, deviating from the previous norm of a 12-year residency requirement for naturalization.
Following the parliamentary approval of the CAA in December 2019 and subsequent presidential consent, demonstrations flared up in locations like Delhi's Shaheen Bagh and Assam's Guwahati. These protests, which resulted in over a hundred casualties from clashes with law enforcement or other causes, gradually waned amidst the COVID-19 restrictions and lockdown measures.
The CAA targets individuals "forced or compelled to seek shelter in India due to persecution on the ground of religion," intending to shield them from illegal migration proceedings. The cutoff date for citizenship eligibility is December 31, 2014, requiring applicants to have entered India on or before that date. Presently, Indian citizenship is granted to those born in India or who have resided in the country for a minimum of 11 years. Additionally, the proposed amendment includes a provision for the cancellation of Overseas Citizen of India (OCI) registration if the OCI cardholder violates any provision of the Citizenship Act or any other applicable law.
The government asserts that the minority groups covered by the CAA have fled persecution in Muslim-majority nations. However, critics question the consistency of this logic, highlighting the exclusion of certain religious minorities and neighboring regions facing similar issues. Despite this, the government has not provided satisfactory answers to these concerns.
While the CAA does not apply to regions under the sixth schedule of the Constitution or states with inner-line permit regimes, Assam has witnessed particularly fervent opposition. Fear persists that regularizing illegal Bengali Hindu migrants from Bangladesh under the CAA could threaten the cultural and linguistic fabric of the state.
Unlike the National Register of Citizens (NRC), which focused on identifying illegal immigrants without regard to religion, the CAA has drawn criticism for allegedly discriminating against Muslims, thus infringing upon the fundamental right to equality enshrined in Article 14 of the Constitution. Despite opposition claims, the government maintains its stance on the legality and fairness of the CAA.
Although the Citizenship (Amendment) Bill, 2019, received presidential assent on December 12, the Home Ministry has yet to notify the operational rules. Recent reports suggest that the government plans to finalize these rules before the Lok Sabha elections in 2024.
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