- Highlight: India implements the Citizenship Amendment Act for persecuted religious minority refugees.
- 30 district magistrates and home secretaries across nine states have been authorized with the ability to confer Indian citizenship.
- What’s next? Application for Indian citizenship under CAA to be made online.
Indian Union Home Ministry has notified rules for implementation of the Citizenship Amendment Act (CAA) on Monday, days ahead of the announcement of the Lok Sabha elections schedule.
Minister Shah said the notification will enable minorities persecuted on religious grounds in Pakistan, Bangladesh, and Afghanistan to acquire Indian citizenship and that Prime Minister Narendra Modi has delivered on another commitment and realized the promise of the makers of the constitution to Hindus, Sikhs, Buddhists, Jains, Parsis and Christians living in those countries.
“The Modi government today notified the Citizenship (Amendment) Rules, 2024. These rules will now enable minorities persecuted on religious grounds in Pakistan, Bangladesh, and Afghanistan to acquire citizenship in our nation,” Shah said in a post on X.
“With this notification PM @narendramodi Ji has delivered on another commitment and realized the promise of the makers of our constitution to the Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians living in those countries,” he added.
Home Minister Amit Shah, on multiple occasions, said that CAA rules would be notified ahead of the Lok Sabha elections to be held in April-May.
The CAA rules, introduced by India’s Narendra Modi government and passed by the Indian Parliament in 2019, aim to confer Indian citizenship to persecuted minority migrants – including Hindus, Sikhs, Jains, Buddhists, Parsis, and Christians – who migrated from Bangladesh, Pakistan, and Afghanistan and arrived in India before December 31, 2014.
Following the passage of the CAA by Parliament in December 2019 and its subsequent Presidential assent, significant protests erupted in various parts of the country.
As per an official, the CAA law can be put into action with the issuance of MHA notification, allowing eligible individuals to obtain Indian citizenship.
The implementation of the CAA, which has been delayed for over four years, necessitates the formulation of its associated rules.
“The regulations are prepared, and an online portal is already set up for the entire process, which will be conducted digitally. Applicants will need to disclose the year of their entry into India without any travel documents. No additional documentation will be required from the applicants,”
stated the official.
On December 27, Union Home Minister Amit Shah asserted that the implementation of the CAA cannot be halted as it stands as the law of the land. He had also accused Indian state West Bengal’s Chief Minister Mamata Banerjee of misleading the public regarding this matter.
The assurance of implementing the highly debated CAA was a significant electoral agenda for the BJP during the previous Lok Sabha and Assembly elections in West Bengal. Leaders of the ruling party at the Centre view it as a credible factor contributing to the BJP’s ascent in the state
As per the manual of parliamentary procedures, the guidelines for any legislation should have been formulated within six months of receiving the presidential assent, or the government should have sought an extension from the Committees on Subordinate Legislation in both the Lok Sabha and Rajya Sabha. Since 2020, the Ministry of Home Affairs has been regularly seeking extensions from the parliamentary committees to continue the process of framing the rules associated with the legislation.
During the past two years, over 30 district magistrates and home secretaries across nine states have been authorized with the ability to confer Indian citizenship to Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians arriving from Afghanistan, Bangladesh, and Pakistan under the Citizenship Act of 1955.
As per the Ministry of Home Affairs annual report for 2021-22, between April 1, 2021, and December 31, 2021, a cumulative count of 1,414 individuals from persecuted minority communities originating from Pakistan, Bangladesh, and Afghanistan were granted Indian citizenship through registration or naturalization under the Citizenship Act, 1955.
Under the Citizenship Act of 1955, Indian citizenship by registration or naturalization is granted to non-Muslim minorities from Pakistan, Bangladesh, and Afghanistan in nine states such as Gujarat, Rajasthan, Chhattisgarh, Haryana, Punjab, Madhya Pradesh, Uttar Pradesh, Delhi, and Maharashtra.
Application for Indian citizenship under CAA to be made online, rules’ notification specifies detail
Citizenship (Amendment) Rules, 2024 enable persons eligible under CAA-2019 to apply for the grant of Indian citizenship and applications are to be submitted in a completely online mode for which a web portal has been provided by the Indian government.
The Citizenship (Amendment) Act, 2019, seeks to grant Indian citizenship to refugees who had sought shelter in India before December 31, 2014, due to religious persecution in three neighbouring countries–Afghanistan, Pakistan, and Bangladesh, of six minority communities there.
The CAA removes legal barriers to rehabilitation and citizenship. It gives a dignified life to refugees “who have suffered for decades”. Citizenship rights will protect their cultural, linguistic, and social identity, officials said, adding that it will also ensure economic, commercial, free movement, and property purchase rights.
The notification stated that every application made by the applicant under sub-rule (1) shall have a declaration to the effect that the citizenship of the origin country shall stand renounced irrevocably in the event of his application being approved and that the person shall not raise any claim on it in the future.
The notification specified the details of the steps and process required to apply for eligible persons for Indian citizenship.
New rules have been inserted in the Citizenship Rules, 2009 after rule 10.
Rule 10 A details the application for the grant of citizenship by registration or naturalisation by persons eligible under section 6B.
The application from a person for grant of citizenship by naturalisation should fulfil the qualifications for naturalisation under the provisions of the Third Schedule and is submitted in Form VIIIA which includes an affidavit verifying the correctness of the statements made in the application along with an affidavit from an Indian citizen testifying the character of the applicant and a declaration from the applicant that he has adequate knowledge of one of the languages as specified in the Eighth Schedule to the Constitution.
The applicant shall be considered to have adequate knowledge of the concerned language if he can speak/read or write that language.
The rules state that an application for registration or naturalisation under section 6B shall be submitted by the applicant in electronic form to the Empowered Committee through the District Level Committee as may be notified by the Central Government.
On submission of the application, an acknowledgment in Form IX shall be generated electronically.
The District Level Committee, headed by the Designated Officer, as may be specified, shall verify the documents submitted by the applicant along with the application.
The Designated Officer shall administer to the applicant the oath of allegiance as specified in the Second Schedule to the Citizenship Act, 1955 (57 of 1955) and thereafter, sign the oath of allegiance and forward the same in electronic form along with confirmation regarding verification of documents to the Empowered Committee.
In case an applicant fails to appear in person to subscribe to the application and take an oath of allegiance despite giving reasonable opportunities, the District Level Committee shall forward such application to the Empowered Committee for consideration of refusal.
The rules state the Empowered Committee referred to in rule 11A may scrutinise the application for grant of citizenship by registration or naturalisation submitted by an applicant under section 6B to ensure that the application is complete in all respects and that the applicant satisfies all the conditions laid down in section 6B.
On being satisfied after making such inquiry as it considers necessary for ascertaining the suitability of the applicant that he is a fit and proper person to be registered or naturalised, as the case may be, the Empowered Committee may grant him the citizenship of India.
Political War over CAA
The notification of the Rules under the Citizenship (Amendment) Act has also met with criticism from some of the Indian opposition parties like Congress and the Trinamool Congress.
Rajya Sabha MP of Congress Jairam Ramesh questioned the timing of the announcement just ahead of the Lok Sabha elections.
“It has taken four years and three months for the Modi Government to notify the rules for the Citizenship Amendment Act that was passed by the Parliament in December 2019. The Prime Minister claims that his Government works in a business-like and time-bound manner. The time taken to notify the rules for the CAA is yet another demonstration of the Prime Minister’s blatant lies” Jairam Ramesh posted on X.
“After seeking nine extensions for the notification of the rules, the timing right before the elections is designed to polarise the elections, especially in West Bengal and Assam. It also appears to be an attempt to manage the headlines after the Supreme Court’s severe strictures on the Electoral Bonds Scandal” Ramesh further said in his post.
Bharatiya Janata Party’s (BJP) Sikh leader Manjinder Singh Sirsa has expressed his gratitude to Prime Minister Narendra Modias the central government notified the rules for the Citizenship Amendment Act (CAA), paving the way for the law’s implementation across the country.
Sirsa, in a video posted by him on his X on Monday, said that the announcement to implement CAA will bring new hope and opportunity to those in need.
“This is the biggest gift to those families from Pakistan, Afghanistan, and Bangladesh who were exiled because of their religion. PM Modi has given them a chance to live respectfully again. I would like to thank him and welcome this move,” Sirsa said, adding, “I welcome this decision and am sure this will bring new hope and opportunity to those in need.”
West Bengal Chief Minister Mamata Banerjee has claimed that this move is just a publicity stunt by the BJP for the elections.
“Let me see the rules first. The notification has not been issued yet. If people are deprived of their rights under the rules, then we will fight against it. This is BJP’s publicity for elections, it is nothing else” Mamata Banerjee said.
Leader of Opposition in the West Bengal Assembly Suvendu Adhikari on Monday said that the Citizenship (Amendment) Act does not snatch anyone’s citizenship, adding that Hindu refugees in West Bengal are joyous over the Centre’s move to implement it.
“Hindu refugees in West Bengal are very happy. This is a very good step. This is not an attempt to snatch someone’s citizenship. Mamata Banerjee tries a lot to create confusion. This law is very clear. This is a law to give citizenship and not to take it away,”
Suvendu Adhikari told ANI.
Religious Institutions welcome the implementation
1- Delhi Haj Committee chairperson welcomes CAA
Delhi Hajj Committee chief Kausar Jahan welcomed the implementation of the Citizenship (Amendment) Act (CAA) 2019.
Jahan said,
“I welcome this decision. This is an act to give citizenship and not take it away. The condition of Non-Muslims in our neighbouring countries like Pakistan and Bangladesh is not good. If the government wants to give them a respectful life, what is the problem with it?”
She further thanked PM Modi and said that the Muslim community will not be going to face any problems because of this act.
2- Shiromani Gurdwara Parbandhak Committee welcomes CAA notification, says good decision for Sikhs
The Shiromani Gurdwara Parbandhak Committee (SGPC) has welcomed the Citizenship (Amendment) Rules, 2024 after the centre notified rules.
“I welcome the decision which is taken by Prime Minister Narendra Modi. It is a good decision for Sikhs whose religion was converted in Pakistan, Afghanistan and Bangladesh,” said Gurcharan Singh Grewal, spokesperson of SGPC.
3- Indian Muslims should welcome CAA, they aren’t affected by this law: All India Muslim Jamaat President
All India Muslim Jamaat President Maulana Shahabuddin Razvi Bareilvi said he welcomed the legislation, and tried to allay fears among the Muslim community, saying that it wouldn’t impact their citizenship status.
“The Govt of India has implemented the CAA law. I welcome this law. This should have been done much earlier but better late than never… There are a lot of misunderstandings among the Muslims regarding this law.
This law has nothing to do with Muslims. Earlier there was no law to provide citizenship to the non-Muslims coming from Pakistan, Afghanistan and Bangladesh who faced atrocities based on religion…,”
said the Maulana, speaking to reporters.
“Crores of Indian Muslims will not be affected by this law at all… This law is not going to take away the citizenship of any Muslim… In the past years, it has been seen that there were protests, it was because of misunderstandings. Some political people created misunderstandings among the Muslims… Every Muslim of India should welcome the CAA…,” he added.
Human rights organisations loud the decision; ‘Big win for persecuted minorities’
The Coalition of Hindus of North America (CoHNA), a US-based advocacy group, welcomed the formal notification of the Citizenship Amendment Act (CAA) in India and said that the decision is a ‘big win’ for the persecuted religious minorities of Pakistan, Bangladesh, and Afghanistan.
“A big win for Human Rights for the persecuted religious #minorities of Pakistan, Bangladesh and Afghanistan. India finally notifies the Citizenship Amendment Act (CAA) which was passed by the Indian Parliament in 2019!,”
the CoHNA said in a post on X.
The group also highlighted that the rules would not affect existing Indian citizens of any faith and would fast-track the Indian citizenship process for religious minorities who fled Pakistan, Bangladesh, and Afghanistan.
“For instance, each year in Pakistan alone 1000+ minor girls from minority communities are kidnapped, forcibly converted and “married” to their abductors, with support from police and judicial authorities. As a result, petrified families with young kids have been fleeing to India for basic safety,”
it added.
“A reminder – CAA has NO impact on existing Indian citizens of any faith. It simply fast-tracks the Indian citizenship process for approximately 31,000 religious minorities who fled Pakistan, Bangladesh, and Afghanistan in the face of extreme and systemic persecution,” the CoHNA said.
Security tightened in parts of Delhi, Assam and West Bengal; police take out flag march given CAA implementation
Security was beefed up in parts of the Indian national capital Delhi following the implementation of rules for the Citizenship (Amendment) Act, 2019.
To avoid any untoward incidents Delhi Police and Paramilitary forces were deployed in some parts of the national capital. The implementation of the law passed in 2019, was delayed on account of widespread protests and violence against its passage.
Delhi’s Deputy Commissioner of Police Joy Tirkey said that the safety of every single common person in Delhi is our responsibility.
“We have made arrangements in the North East district. Our experience in 2020 was unpleasant which resulted in heavy loss. The rules will be notified today and we were alerted by the Police Headquarters,”
DCP Tirkey said.
“We have tagged the potential troublemakers and some known criminals. We are in touch with our beat constables and keeping an eye on social media too. We are doing a flag march for two days and will have an extensive flag march from Tuesday. Special care will be taken in sensitive areas through drones,” he added.
Assam Police warns ‘legal action’ against parties planning ‘sarbatmak hartal’ over CAA implementation
The Assam police have issued a stern legal notice to political parties planning a ‘Sarbatmak Hartal’ in Assam to protest against the controversial Citizenship Amendment Act (CAA) and warned of ‘legal action’ if there is any damage to public or private property during the demonstration.
The notice, addressed to the “United Opposition forum” orchestrating the protest, ordered the organization to withdraw the “Sarbatmak Hartal” and cooperate in maintaining peace in the state.
“The “Sarbatmak Hartal” is likely to lead to road blockade, forceful closure of shops and other business establishment, damage to public and private property including Railway/NHAI thereby disrupting the delivery of essential services,” the notice said.
The Guwahati police in its notice maintained that if there is any damage to public life and property during the protest, the total cost of damage to public and private properties will be recovered from the organization holding the protest under the provisions of law including the Indian Penal Code and Prevention of Damage to Public Property Act, 1984.
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