Salient Features of Citizenship Amendment Act (CAA)

Source: Hindustan Times
GS II: Governance, Constitution, Polity, Social Justice and International relations

Overview

1. News in Brief
2. Salient Features of the Citizenship Amendment Act (CAA)
3. Procedure for Application

Why in the News?

The central government notified the rules for the Citizenship (Amendment) Act, of 2019, paving the way for the law’s implementation.

News in Brief

• The move to notify the rules of the contentious Citizenship (Amendment) Act came before the enforcement of the Model Code of Conduct (MCC) ahead of the upcoming Lok Sabha elections.
• Ministry of Home Affairs also informed that the applications will be submitted online for which a web portal has been provided.
• The CAA will help refugees from these neighbouring countries, who don’t have documents.

Salient Features of the Citizenship Amendment Act (CAA)

About the Citizenship Amendment Act (CAA)

• CAA amends the Citizenship Act of 1955 to provide Indian citizenship to migrants from Afghanistan, Bangladesh and Pakistan who belong to Hindu, Sikh, Jain, Parsi, Buddhist, and Christian communities.
• They had entered India on or before December 31, 2014, due to religious persecution in their home countries.
• These rules will now enable minorities persecuted on religious grounds in Pakistan, Bangladesh and Afghanistan to acquire citizenship in our nation.

Key Features

• Enables migrants/foreigners of six minority communities from three specified countries who have come to India because of persecution on grounds of their religion to apply for Indian citizenship.
• Such a foreigner has to become eligible to apply for citizenship after fulfilling the minimum legal requirements.
• They will not be deported as illegal immigrants under the Passport (Entry into India) Act of 1920 and the Foreigners Act of 1946.
• The CAA does not apply to Indian citizens.
• Reduces the period of residency from 12 years (as mentioned in the Citizenship Act, 1955) to 7 years for applying to get permanent citizenship.
• Empower the government to withdraw registration as OCI due to any violation of the Citizenship Act or any other laws.
  • If the OCI has registered through fraud
  • If within five years of registration, the OCI has been sentenced to imprisonment for two years or more
  • If it becomes necessary in the interest of the sovereignty and security of India.
• Definition of illegal migrants: The Act prohibits illegal migrants from acquiring Indian citizenship. It defines an illegal migrant as a foreigner
  • Who enters India without a valid passport or travel documents
  • Stays beyond the permitted time

To obtain citizenship by naturalisation, one of the qualifications is that the person must have resided in India or have been in service of the central government for at least 11 years before applying for citizenship. Bill creates an exception for Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan the 11 years’ requirement will be reduced to five years. 

Procedure for Application

• 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.
• District Level Committee headed by the Designated Officer, as may shall verify the documents submitted by the applicant along with the application.
• Oath
  • The designated officer will have the responsibility to make the applicant promise to be loyal to India according to the oath listed in the Citizenship Act of 1955.
  • After that, the officer will sign the oath and send it electronically along with confirmation that the applicant’s documents have been checked to the Empowered Committee.
• The Empowered Committee referred to in rule 11A may scrutinise the application for the grant of citizenship by registration or naturalisation.

Citizenship under Section 6B

• Application for grant of citizenship by registration or naturalisation shall not be entertained unless
  • The person is of Indian origin.
  • The person is married to a citizen of India.
  • The person is a minor child of a person who is a citizen of India.
  • The person’s parents are registered as citizens of India.
  • The person or either of his parents was a citizen of Independent India.
  • The person is registered as an Overseas Citizen of India Cardholder.

Narrative of CAA

Who is an illegal migrant?

• Like the Citizenship Act, of 1955, this CAA defines an illegal migrant as a foreigner who has entered India without valid documents.

How does CAA affect the citizens?

• No Indian citizen would be asked to produce any document to prove his citizenship after this Act.
• CAA has nothing to do with the present minority citizens.

Impact on illegal Muslim migrants

• India does not have any pact or agreement with any of these countries to repatriate migrants back to these countries.
• The Citizenship Amendment Act doesn’t deal with the deportation of illegal immigrants.

How are Muslims from Afghanistan, Bangladesh and Pakistan?

• Muslims from anywhere in the world seek Indian Citizenship under Section 6 of the Citizenship Act
• Section 6 which deals with the citizenship by naturalisation.
• CAA does not cancel the naturalisation laws.

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