WHAT DOES THE LAW SAY?

The Citizenship Amendment Bill was passed in December 11, 2019, and two days later, it was approved by then President Ram Nath Kovind, becoming the CAA. The law was passed in 2019 but was put on hold due to massive protests in which a number of people were injured and died and many more were arrested. PM Modi's Government said in the previous elections manifestos to offer citizenship to persecuted minorities who had migrated from neighbouring countries. They say it gives sanctuary to people fleeing religious persecution. But critics say the law is anti-Muslim. On 11th March 2024, the Minister of Home Affairs officially announced the rules for the citizenship as discriminating on the basis of religion, particularly for excluding Muslims. Now after coming into effect there are exemptions that the law will not be implemented in most tribal areas in Northeastern states (Assam, Meghalaya, Tripura) including those granted special status under the 6th Schedule of the Constitution. Additionally, areas covered by the Inner Line Permit (ILP) system are also exempted from CAA.

TIMELINE OF EVENTS

The Citizenship Amendment Bill was 1st put before Parliament on July 15, 2016, as an amendment to the Citizenship Act 1955. The act grants eligibility for Indian citizenship to Hindu, Buddhist, Jain, Sikh, Christian and Parsi migrants from Muslim-majority countries of Pakistan, Bangladesh, and Afghanistan who entered India before December 2014. Then the Bill was introduced in the 17th Lok Sabha by Home Minister Amit Shah on 9th December 2019 and was passed on midnight of 10th December 2019. The bill was passed by Rajya Sabha where BJP lacks a majority by 125 votes to105 on 11th December 2019. It had cleared the lower house two days earlier. The implementation of CAA began on 20th December 2019. 

The Citizenship Amendment Bill amended the Citizenship law, which currently prohibits illegal migrants from becoming Indian citizens. Illegal immigrants are those who enter India without a valid passport or travel documents or stay beyond the permitted time. Illegal immigrants can be deported or jailed. The new Bill also amended a provision which says a person must live in India or work for the federal government for at least 11 years before they can apply for citizenship. Now there will be exceptions for members of six religious communities Hindu, Sikh, Buddhist, Jain, Parsi and Christian. Currently, Indian citizenship is granted to those who are born in India or have worked for 11 years. The proposed amendment also includes a provision for cancellation of Overseas Citizenship Of India (OCI) registration. In this context, there are concerns that the present amendment of the citizenship act provides a "shield" to non-Muslims who can claim that they were migrants who fled from Afghanistan, Pakistan, or Bangladesh, while the Muslims do not have such.

 WHY IS THE LAW CONTROVERSIAL?

Dividing the alleged migrants into Muslims and non-Muslims and exclusion of persecuted Muslims made the law controversial. Muslims from Pakistan, Bangladesh and Afghanistan are not offered eligibility for citizenship under the new act. As per the government Muslims in Islamic countries - Pakistan, Afghanistan and Bangladesh "unlikely to face religious persecution". Critics say that if it is generally aimed at protecting minorities, the bill should have included Muslim religious minorities who have faced persecution in their own countries. Also, it does not include migrants from non-Muslim countries fleeing persecution to India including Hindu refugees from Sri Lanka and Buddhist refugees from Tibet.

REACTIONS: AGAINST OR FOR 

Various opposition Leaders, State Ministers, Hindu and Sikh refugees and Students protested against CAA and accused the BJP. The notification has also sparked protests in several states including Assam and Kerala.

WHY ASSAM AND KERALA IS PROTESTING?

The people of Assam fear that it will primarily benefit the illegal Bengali Hindu migrants from Bangladesh who have settled in large numbers across the region. They feel that immigrants pose a threat to the language, culture and demography of the indigenous population. As it happened in Tripura where Bengali Hindu immigrants from east Bengal now dominate political power, pushing original tribal to the margins. Whereas, Kerala CM  said that CAA was unconstitutional, against human rights and accused Congress leader Rahul Gandhi for staying silent on the issue.

• Opposition parties have criticized the move by saying that the rules of CAA are notified before the general elections 2024 to polarize the voters. 
• Several students from universities in New Delhi come forward for protest against the implementation of CAA. Holding posters and banners with a message "Say No To CAA", the students raised slogans against the implementation of the CAA.
• The West Bengal and Tamil Nadu CMs have also already said that the states will not implement the CAA.
• Not only in India international countries and organizations (Malaysia, Maldives, France, Kuwait, Bahrain, Australia, Russia, Sri Lanka, UK, US, European Union, United Nations) have evoked mixed emotions.

Likewise, protests sparked out at many places due to CAA many parties and students supported CAA, large number of people came up in support of CAA in states like Mumbai, Pune and Bengaluru. Supporters carry National flags along with banners and National Register Of India (NRC) messages and shout slogans.

HOW CAN MIGRANTS APPLY FOR CITIZENSHIP? 

The Ministry of Home Affairs has prepared a portal for the applicant's convenience. The year that the applicants entered India without proper documentation must be disclosed. The won't be asked for any documents. Process for citizenship under CAA has been made under Section 6B of the Citizenship, Act 1955.

WHO PROCESSES THE CITIZENSHIP APPLICATION UNDER CAA?

Centre has established an empowered committee and district-level committee (DLC) to receive and reduce the roles of states in the process. After examining their application, DLC will inform the application of the time and date they need to visit the DLC in person.

WHAT ARE THE DOCUMENTS REQUIRED TO APPLY FOR CITIZENSHIP UNDER CAA?

Applicants need to establish their country of origin, religion, date of entry into India, and knowledge of the Indian language to apply for Citizenship under CAA.

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