The Hindu Editorial Analysis- 12th April 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

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Just before the announcement of the Lok Sabha election, the Citizenship Amendment Rules, 2024, were notified by the Union Home Ministry. This action paves the way for the enforcement of the Citizenship Amendment Act (CAA) that was ratified by Parliament in 2019.

• The notification of the Citizenship Amendment Rules, 2024, by the Union Home Ministry occurred shortly before the Lok Sabha election announcement. This step facilitates the implementation of the Citizenship Amendment Act (CAA) that was sanctioned by Parliament in 2019.

Citizenship (Amendment) Act (CAA), 2019: Key Provisions

• Basic Idea: The CAA, 2019, is designed to modify the Citizenship Act, 1955, to offer Indian citizenship to particular groups of undocumented immigrants.
• Eligible Religions: The CAA focuses on Hindu, Sikh, Buddhist, Jain, Parsi, and Christian undocumented migrants from Afghanistan, Bangladesh, and Pakistan, allowing them to qualify for Indian citizenship.
• Objective: The main aim is to streamline the process of gaining citizenship for non-Muslim immigrants from India's three neighboring countries with Muslim majorities.
• Residence Requirement: Typically, the Citizenship Act, 1955, demands 11 out of the preceding 14 years of residency in India for naturalization.
• Amendment: The CAA reduces this prerequisite to 6 years for applicants belonging to the specified religions and countries.
• Exemption from Criminal Cases: Individuals from the specified communities are pardoned from criminal proceedings under the Foreigners Act, 1946, and the Passport Act, 1920, if they arrived in India before December 31, 2014.

Defining Illegal Migrants

•  Current Legal Status:  Existing regulations prevent individuals categorized as illegal migrants from obtaining Indian citizenship.
•  Classification by CAA:  According to the Citizenship Amendment Act (CAA), an illegal migrant is defined as a foreign national who enters India without valid travel documents such as a passport and visa, or who exceeds the permissible duration of stay.
•  Consequences:  Illegal migrants are subject to potential penalties including imprisonment or deportation as outlined in the Foreigners Act of 1946 and The Passport (Entry into India) Act of 1920.

Exceptions under CAA

Under the Citizenship Amendment Act (CAA), certain exceptions are provided for individuals to be exempted from being considered illegal migrants. These exceptions are crucial to understand in the context of Indian citizenship laws.

• Conditions for Exemption:
  • Belonging to Specified Religions: Individuals must belong to one of the specified religions - Hindu, Sikh, Buddhist, Jain, Parsi, or Christian.
  • Country of Origin: They should hail from Afghanistan, Bangladesh, or Pakistan.
  • Entry Cut-off Date: The individuals must have entered India on or before December 31, 2014.
  • Restricted Areas: They should not be residing in certain tribal areas of Assam, Meghalaya, Mizoram, or Tripura (Sixth Schedule) or in "Inner Line" permit areas such as Arunachal Pradesh, Mizoram, and Nagaland.

Controversies Surrounding Citizenship Amendment Act (CAA)

• Country of Origin: The CAA classifies migrants based on their originating countries, specifically Afghanistan, Pakistan, and Bangladesh.
• Religious Exclusivity: Questions arise regarding why only six designated religious minority groups are included in the Act.
• Omission of Rohingya: The Act overlooks the Rohingya Muslims from Myanmar, a group that has endured persecution.
• Entry Date Differentiation: Debate surrounds the differing treatment of migrants based on their entry dates, either before or after December 31, 2014.
• Secularism Concerns: Critics contend that the Act's basis of granting citizenship according to religion conflicts with the secular values of India's Constitution, which are deemed part of the unchangeable fundamental framework.

Constitutionality Check

• The challenge may arise from the argument that a law infringes upon Article 14 of the Constitution, ensuring equality before the law in India.
• The Supreme Court has devised a Two-Pronged Test to assess laws concerning Article 14.
• The law is contested for potentially violating Article 14, which safeguards individuals from being deprived of equality before the law in India.
• The Supreme Court has formulated a Two-Pronged Test to evaluate laws concerning Article 14.
• Firstly, any distinctions between groups must be based on 'intelligible differentia'.
• Secondly, the differentia must be reasonably related to the objective intended by the Act.
• In essence, to adhere to Article 14, a law must establish a 'reasonable class' of subjects it aims to govern. Furthermore, individuals falling within this category must be treated equally.
• Put simply, a law must establish a 'reasonable class' of subjects it seeks to regulate.
• Even if the classification is deemed reasonable, all individuals falling within that category must be treated similarly.

Impact on Assam and Assam Accord

• Intersection with Section 6A: The Citizenship Amendment Act (CAA) intersects with Section 6A of The Citizenship Act, 1955. This section specifically outlines the citizenship criteria in Assam.
• Assam Accord: Section 6A, which is closely tied to the Assam Accord, lays down the criteria for determining citizenship in Assam. This poses potential conflicts with the provisions of the CAA.
• Base Cut-off Date and Regularization: The Assam Accord establishes a base cut-off date for the identification and regularization of foreigners in Assam. This has a significant impact on how the CAA is implemented in the state.

Way forward

• India is a democratic nation with a foundational framework that ensures a safe and inclusive environment for all its citizens.
• Due to its historical partition on religious lines, India faces the challenge of safeguarding religious minorities in its vicinity.
• These minority groups are consistently threatened by persecution and acts of vandalism.
• India must navigate its responsibilities to protect those facing persecution in neighboring regions.