The Hindu Editorial Analysis- 9th April 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Perverse Intent

Recently, the Indian government announced the regulations for the Citizenship Amendment Act (CAA), 2019, marking a significant step towards its enforcement more than four years after it was passed by Parliament in December 2019.

What are the Guidelines Provided by the Government Regarding the Citizenship Amendment Act?

• The regulations under the Citizenship Amendment Act (CAA) of 2019 outline the eligibility criteria and the process for migrants from certain religious minorities to acquire Indian citizenship.
• These rules focus on migrants from Pakistan, Bangladesh, and Afghanistan belonging to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities.
• Applicants must have entered India on or before December 31, 2014, and have resided in the country for at least five years to be considered for Indian citizenship.
• The legislation does not apply to regions protected under the Inner Line Permit (ILP) system and the Sixth Schedule of the Indian Constitution, which include certain areas in the northeastern states.

What is the Citizenship Amendment Act, 2019?

• Citizenship in India refers to the legal status and the relationship between an individual and the state, which comes with specific rights and responsibilities.
• In the Indian context, citizenship is enumerated in the Union List within the Constitution, falling exclusively under the jurisdiction of the Parliament.
• The Indian Constitution, on the historic date of 26th January 1950, outlined the eligibility criteria for Indian citizenship.
• Parliament was granted the power to oversee additional facets of citizenship, including the bestowal and relinquishment of citizenship rights.
• To regulate citizenship matters, Parliament introduced the Citizenship Act in 1955, which serves as the cornerstone legislation in this domain.
• The Citizenship Act delineates five principal methods through which citizenship can be acquired in India:
  • By birth within the territorial confines of India.
  • Through descent, i.e., if one or both parents are Indian citizens.
  • By means of registration, which involves a formal application process.
  • By naturalization, which mandates a prolonged period of residency in India.
  • Through the incorporation of a new territory into the Indian nation.
• It is essential to note that children born in India to foreign diplomats or ambassadors do not automatically qualify for Indian citizenship solely by virtue of their birthplace.

Acquisition of Indian Citizenship

• Methods of Acquisition: Citizenship in India can be acquired through various means:
  • By birth in India.
  • By descent.
  • Through registration.
  • By naturalization (extended residence in India).
  • By incorporation of territory into India.
• Children born in India to ambassadors are an exception and do not automatically qualify for Indian citizenship solely by birth in the country. 

Implications:

This rule ensures that diplomatic ties and international agreements are respected, as the children of ambassadors are usually considered as citizens of the country their parents represent.

• About the Citizenship Amendment Act (CAA), 2019
  • The Citizenship Act of 1955 underwent an amendment in 2019 to offer citizenship to migrants of Hindu, Sikh, Buddhist, Jain, Parsi, or Christian faiths from Pakistan, Bangladesh, and Afghanistan.
  • The amendment caters to migrants who arrived in India by December 31, 2014, and had faced "religious persecution or fear of religious persecution" in their countries of origin, making them eligible for expedited citizenship.
  • The amendment provides immunity to members of these communities from prosecution under the Foreigners Act, 1946, and the Passport Act, 1920, which entail penalties for illegal entry and overstaying on expired visas.
• Relaxations Introduced by the Amendment
  • The Citizenship Act of 1935 mandates that applicants must have lived in India for the past 12 months and 11 out of the previous 14 years to qualify for naturalization.
  • The 2019 amendment eases the second requirement from 11 years to 6 years for applicants belonging to the mentioned religions and originating from the specified countries.
• Exclusions under the Citizenship Amendment Act (CAA)
  • The CAA does not extend to areas listed in the Sixth Schedule of the Indian Constitution, encompassing Tribal Areas in Assam, Meghalaya, Tripura, and Mizoram.
  • Additionally, regions under the Inner Line Permit (ILP) system are also exempt from the CAA. The ILP system regulates entry and stay in specific regions to safeguard the interests of tribal communities in the North-Eastern areas.
  • The ILP currently governs visits, including those by Indian citizens, to Arunachal Pradesh, Mizoram, and Nagaland, ensuring that individuals in these regions cannot seek citizenship benefits under the CAA.
• The 2019 amendment to the Citizenship Amendment Act (CAA) has reduced the residency requirement from 11 years to 6 years for individuals belonging to specific religions and countries.
• Residency Requirement Change: The amendment now mandates a 6-year residency instead of the previous 11-year requirement for certain applicants.
• Exemptions: The CAA does not apply to regions outlined in the Sixth Schedule of the Indian Constitution, such as Tribal Areas in Assam, Meghalaya, Tripura, and Mizoram. Moreover, areas under the Inner Line Permit (ILP) system are also exempt. The ILP system controls entry into tribal-majority hills in the Northeast, distinguishing them from the plains. Visitors, including Indian citizens, need an ILP to travel to Arunachal Pradesh, Mizoram, and Nagaland. These exclusions aim to safeguard the rights of tribal and indigenous groups in the North-East, preventing individuals in these areas from seeking citizenship under the CAA, 2019.
• Protected Regions:
  • Assam
  • Meghalaya
  • Tripura
  • Mizoram

What are the Concerns Related to the Citizenship Amendment Act (CAA), 2019?

• Discrimination Concerns: The CAA, 2019 has raised concerns about discrimination as it provides a path to Indian citizenship based on religion, excluding Muslims. This selective approach has been criticized for being against the secular principles of the Indian Constitution.
• Secularism: There are worries that the CAA undermines the secular fabric of India by favoring specific religious groups for citizenship, potentially leading to social and religious tensions.
• Impact on Assam: In Assam, there are fears that the CAA could alter the state's demographic balance by granting citizenship to Hindu immigrants from Bangladesh, impacting the indigenous communities of the region.
• Protests and Unrest: The enactment of the CAA has sparked nationwide protests and unrest, with many expressing concerns about its implications on India's secular ethos and its potential to marginalize certain communities.
• Constitutional Challenge: Critics argue that the Citizenship Amendment Act (CAA) faces a constitutional challenge as it is believed to violate Article 14 of the Indian Constitution. This article ensures the right to equality before the law and prohibits discrimination based on religion. The provision in the CAA that grants citizenship on the basis of religion is considered discriminatory.
• Potential for Disenfranchisement: The CAA is often associated with the National Register of Citizens (NRC), a proposed nationwide initiative aimed at identifying illegal immigrants. Critics are concerned that a flawed implementation of both the CAA and the NRC could lead to the disenfranchisement of numerous citizens who are unable to provide the necessary documentation. For instance, more than 19.06 lakh individuals were excluded from the final draft of the Assam NRC that was published in August 2019.
• Impact on Assam Accord: In Assam, there are specific worries regarding the compatibility of the CAA with the Assam Accord of 1985. The Accord set criteria for determining citizenship in Assam, including specific residency cut-off dates. The differing timeline for granting citizenship under the CAA could potentially clash with the provisions of the Assam Accord, leading to legal and political complexities.
• Secularism and Social Cohesion: The emphasis of the CAA on religion as a criterion for citizenship eligibility has sparked broader concerns about its effects on secularism and social harmony in India. Critics argue that giving preference to certain religious groups over others undermines the secular foundations on which the Indian state was established and might worsen communal tensions.
• Exclusion of Few Religious Communities: Certain religious communities, such as Sri Lankan Tamils and Tibetan Buddhists, who have faced religious persecution in their home countries, are excluded from the provisions of the CAA. This exclusion raises significant concerns about the inclusivity and fairness of the CAA and its related rules.

Way Forward

It is essential to address the criticisms and concerns surrounding the CAA to ensure inclusivity and harmony among different religious communities in India.

• Inclusive Refugee Policy: It is crucial to establish a more inclusive refugee policy in India that aligns with the UN Refugee Convention. This policy should avoid discrimination based on factors like religion or ethnicity. Additionally, citizenship laws must uphold principles of equality and non-discrimination, ensuring that all individuals have equal opportunities irrespective of their backgrounds.
• Documentation Assistance: There is a need to introduce measures that aid individuals, especially marginalized communities, in acquiring the necessary documentation to confirm their citizenship status. By offering support services and resources, individuals can effectively navigate the citizenship verification process, reducing the risk of statelessness.
• Stakeholder Engagement and Dialogue: It is essential to facilitate meaningful discussions and consultations with civil society organizations, religious leaders, and communities to address grievances and concerns related to the Citizenship Amendment Act (CAA).
• International Engagement: India should engage with neighboring countries such as Pakistan, Afghanistan, and Bangladesh to tackle issues concerning religious persecution and human rights violations. Efforts should be made towards regional cooperation and diplomatic initiatives that promote religious freedom and tolerance.
• Educational and Awareness Campaigns: Conducting educational campaigns plays a vital role in spreading accurate information about citizenship laws while dispelling any misinformation or misconceptions. Promoting public understanding of the core principles of equality, secularism, and inclusivity enshrined in the Indian Constitution is essential.