Context

• The Union Home Ministry has released the notification for the Citizenship (Amendment) Act 2019 (CAA). With this, the CAA law has come into effect across the country.

Key Points

• The full form of CAA is the Citizenship (Amendment) Act. The Citizenship Amendment Act 2019 is a law under which it seeks to provide citizenship to six religious minorities (Hindus, Sikhs, Buddhists, Jains, Parsis and Christians) who came to India from three neighbouring countries Pakistan, Bangladesh and Afghanistan before 31 December 2014.
• A provision has been made to grant Indian citizenship only to those who had taken refuge in India from Bangladesh, Pakistan and Afghanistan before 31 December 2014.
• Only people from these three countries will be eligible to apply for citizenship.

Eligibility and Criteria

• It is noteworthy that CAA does not automatically grant citizenship to anyone.
• It modifies the category of people who can apply for citizenship by exempting applicants from the definition of “illegal migrant” under specific conditions –
• The applicant must belong to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community and must be from Afghanistan, Bangladesh or Pakistan.
• They must enter India on or before 31 December 2014 due to fear of religious persecution in their home country.
• They have to prove that they have been living in India for five years or more.
• They must also demonstrate that they have fled their country due to religious persecution.
• Apart from this they have to speak the languages of the Eighth Schedule of the Constitution and fulfil the requirements of the Third Schedule of the Civil Code 1955.
• After meeting these criteria, applicants
• will be eligible to apply for Indian citizenship, but the final decision rests with the Government of India.

Background

• The Citizenship (Amendment) Act 2019 was passed in Parliament in December 2019.
• After this the CAA law was approved by the President.
• However, after getting approval from the President, protests against CAA were also held in various states of the country.

Why was CAA controversial?

• Targeting a particular community (Muslim community)
• Against fundamental rights (violates the principle of secularism enshrined in Article 14 and the Preamble.)
• North-East Issues (This law contradicts the 1985 Assam Accord, which states that illegal immigrants coming from Bangladesh after March 25, 1971, irrespective of their religion, will be deported.)
• Discriminatory in nature (not including other refugees such as Tamils from Sri Lanka and Hindu Rohingyas from Myanmar)
• Hindering bilateral relations (This law is related to religious persecution taking place in three countries i.e. Bangladesh, Afghanistan, Pakistan.)

Government's stand

• This law is not against Muslims, but aims to provide a legal route to persecuted minority communities from neighbouring countries to obtain Indian citizenship.
• Whereas for some groups, a non-inclusion policy has to be followed depending on the nature and permanence of their oppression.
• This law does not apply to Indian citizens. Consequently it does not in any way abridge or abridge the rights of any Indian citizen.
• Apart from this, efforts are being made to resolve the issues related to North-East India.
• The inclusion of areas under the Sixth Schedule of the Constitution and areas covered under the Inner Line Permit regime under this law will ensure the protection of the indigenous and tribal population of the area.

Way Forward

• Therefore, appropriate steps should be taken by the Home Ministry to address the above concerns keeping in mind the basic spirit of the Constitution.