Citizenship Amendment Act: Unpacked | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

What is the Citizenship Amendment Act, 2019?

• The Citizenship Amendment Act, 2019 aims to modify the Citizenship Act, 1955.
• Under the CAA, citizenship is granted based on religion to six undocumented non-Muslim communities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) from Pakistan, Afghanistan, and Bangladesh who arrived in India on or before December 31st, 2014.
• It provides exemptions to members of these six communities from facing criminal charges under the Foreigners Act, 1946, and the Passport Act, 1920.
• These Acts outline penalties for illegal entry into the country and residing here with expired visas and permits.

What are the Regulations Enacted by the Government Regarding the Citizenship Amendment Act?

• Historical Context: Previously, the government has taken measures to address the predicament of refugees, including revisions to the Citizenship Rules in 2004 and notifications in 2014, 2015, 2016, and 2018.
• CAA Regulations 2024: The application procedure for citizenship under the CAA is delineated under Section 6B of the Citizenship Act, 1955. Applicants are required to substantiate their country of origin, religion, date of entry into India, and proficiency in an Indian language to qualify for Indian citizenship.
• Verification of Country of Origin: Relaxed criteria allow for the submission of various documents such as birth or educational certificates, identity papers, licenses, land records, or any documentation validating previous citizenship of the specified countries.
• Confirmation of Date of Entry into India: Applicants may furnish 20 different documents as evidence of entry into India, including visas, residency permits, census slips, driver's licenses, Aadhaar cards, ration cards, government or court correspondence, and birth certificates.

What is the Implementation Mechanism of CAA Regulations?

• The Ministry of Home Affairs (MHA) has delegated the responsibility of processing citizenship applications under the CAA to the Postal department and Census officials under the Union government.
• Background checks and security assessments will be conducted by Central security agencies such as the Intelligence Bureau (IB).
• Final decisions on applications will be rendered by empowered committees led by the Director (Census Operations) in each State.
• These committees will comprise officials from various departments, including the IB, PostMaster General, State or National Informatics Centre, and representatives from the State government's Department of Home and Divisional Railway Manager.
• At the district level, committees headed by the Superintendent of the Department of Post will review applications, with a representative from the District Collector's office as an invitee.
• Application Processing: The Empowered Committee and District Level Committee (DLC), established by the Centre, will handle citizenship applications, circumventing state jurisdiction.
• The DLC will receive applications, and the final decision will be made by the Empowered Committee, chaired by the Director (Census Operations).

Associated Concerns with CAA

• Exclusionary Nature: Critics argue that the Citizenship Amendment Act (CAA) is exclusionary because it offers a path to Indian citizenship for undocumented migrants from Afghanistan, Bangladesh, and Pakistan, but only if they belong to specific religious groups such as Hindu, Sikh, Buddhist, Jain, Parsi, or Christian. The exclusion of Muslims from neighboring countries raises concerns about religious discrimination.
• Contradiction with Secularism: India's Constitution upholds secularism, emphasizing equality before the law regardless of religion. By favoring certain religious groups over others, the CAA is viewed as contradicting this secular principle.
• Undermining Pluralism: India boasts a rich history of religious diversity and pluralism. Critics argue that the CAA undermines this diversity by privileging certain religious communities, potentially fostering social and religious polarization.
• Constitutional Challenge: Critics contend that the CAA violates Article 14 of the Indian Constitution, which guarantees the right to equality before the law and prohibits discrimination based on religion. Granting citizenship based on religion is deemed discriminatory.
• Impact on Assam Accord: In Assam, concerns arise regarding the compatibility of the CAA with the Assam Accord of 1985. The Accord establishes criteria for citizenship in Assam, including specific residency cut-off dates. The differing citizenship timelines outlined in the CAA may conflict with the provisions of the Assam Accord, leading to legal and political complexities.

Way Forward

• Review and Amendment: The government could consider reviewing and amending the CAA to eliminate the religious criteria for citizenship, addressing concerns about discrimination and upholding secularism.
• Ensuring Equality: Any new legislation or amendments should ensure equality before the law for all individuals, irrespective of their religion, aligning with the constitutional guarantee of the right to equality under Article 14.
• Consultation and Dialogue: Engage in meaningful consultation and dialogue with stakeholders, including religious and community leaders, civil society organizations, and legal experts. This inclusive approach can help foster consensus and address societal concerns.
• Safeguarding Pluralism: Implement policies and programs that celebrate and safeguard India's religious diversity and pluralism. Initiatives promoting interfaith dialogue, cultural exchange, and mutual understanding among different religious communities can contribute to this endeavor.
• Legal Clarity: Provide clarity on the compatibility of the CAA with existing agreements and accords, such as the Assam Accord. Addressing any discrepancies or conflicts through legal mechanisms and transparent processes is essential.