CAA Notified in India: What Will Change After Citizenship Amendment Act Has Been Implemented?

Citizenship Amendment Act (CAA), 2019: The Government of India rolled out the regulations of the Citizenship Amendment Act (CAA) 2019 today. The Ministry of Home Affairs (MHA) made an official announcement today, saying, “Ministry of Home Affairs (MHA) will be notifying today, the Rules under the Citizenship (Amendment) Act, 2019 (CAA-2019). These rules, called the Citizenship (Amendment) Rules, 2024 will enable the persons eligible under CAA-2019 to apply for grant of Indian citizenship. The applications will be submitted in a completely online mode for which a web portal has been provided.” 

It was speculated that CAA would be notified before the Election Commission of India (ECI) sets the Model Code of Conduct for the upcoming Lok Sabha Elections 2024. Union Home Minister Amit Shah had earlier said that the CAA would be notified before the Lok Sabha polls. The Home Minister also said that the CAA will not take away anyone's Indian citizenship. At the Republic Summit 2024 on March 7, Amit Shah confirmed that the CAA will be notified before the LS Elections. Here are the details of CAA and what its implementation means for Indians and those applying for Indian citizenship.

Who will get Indian citizenship as per the CAA?

The CAA aims to grant Indian citizenship to non-Muslim migrants from India’s neighbouring countries like Pakistan, Afghanistan and Bangladesh who faced religious persecution in their home countries. The applicants eligible will be those who entered India before December 31, 2014. 

"CAA is an Act of the country, it will definitely be notified. It will be notified before the polls. CAA will be implemented by the polls, and there should be no confusion around it," Shah had said in Delhi, adding that Indian Muslims were being misled about the Act.

"Our Muslim brothers are being misled and instigated," said Shah. "The CAA is only meant to give citizenship to those who came to India after facing persecution in Pakistan, Afghanistan and Bangladesh. It is not for snatching anyone's Indian citizenship. The CAA cannot snatch away anyone's citizenship because there is no provision in the Act,” explained Shah.

What will change if CAA is implemented in India?

The CAA Bill was passed by the Parliament of India on December 11, 2019. Let’s take a look at the process of application and the possible changes that will take place once the CAA Bill has been implemented.

Process of CAA Application

1. The CAA intends to offer Indian citizenship to oppressed non-Muslim migrants from Bangladesh, Pakistan, and Afghanistan who came to India prior to December 31, 2014.
2. Once the CAA has been implemented, applicants will be required to access the online portal for applying for citizenship.
3. Applicants will have to mention the year they entered India without any travel documents or if their documents are no longer valid.
4. As of now, no further documentation will be needed from the applicants.

Documents required to apply under CAA:

1. Copy of the passport issued by the Government of Afghanistan or Bangladesh or Pakistan.
2. Registration Certificate or Residential Permit issued by the Foreigners RegionalRegistration Officer (FRRO) or Foreigners Registration Officer (FRO) in IndiaBirth certificate issued by a Government authority in Pakistan, Afghanistan or Bangladesh.
3. School certificate or Educational certificate issued by the School or College orBoard or University authorities in Afghanistan, Bangladesh or Pakistan.
4. Identity Document of any kind issued by Government of Afghanistan orBangladesh or Pakistan or any other Government authorities or Governmentagencies in these countries.
5. Any License or Certificate issued by a Government authority of Afghanistan,Bangladesh or Pakistan
   Land or tenancy records in Afghanistan or Bangladesh or Pakistan.
6. Any document that shows that either of the parents or grandparents or greatgrandparents of the applicant is or had been a citizen of one of the three countries, i.e. Afghanistan or Bangladesh or Pakistan.
7. Any other document issued by a Government authority or a Government agency in Afghanistan or Bangladesh or Pakistan, which will establish that the applicantis are from Afghanistan or Bangladesh or Pakistan.

What will change for Indian citizens?

• The Act mentions that it is for “any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder, shall not be treated as illegal migrant for the purposes of this Act".
• It clearly means that the existing Indians - whether Hindus, Muslims or belonging to any other religion - will not be affected by the CAA.
• The CAA is only meant for people belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian religions and who have been persecuted in their home country of Afghanistan, Bangladesh or Pakistan. 
• Such people who have entered India due religious persecution before December 31, 2014, may be granted Indian citizenship. 
• If granted citizenship, the non-Muslim migrants from the aforementioned countries will not be considered “illegal immigrants” in India.

Currently, non-Muslim people of Indian origin belonging to the aforementioned countries have been forced to apply for Indian citizenship by naturalisation under section 6 of the Citizenship Act, 1955, as they are unable to produce proof of their Indian origin. 

However, a residency of 11 years in India is required currently for naturalisation as a citizen. With the CAA Bill in place, the applicants belonging to the aforementioned communities from Pakistan, Afghanistan and Bangladesh will be eligible for citizenship by naturalisation of proof of their residency in India for five years has been established.

The CAA will allow the applicants to enjoy the full privileges of being an Indian citizen.

The CAA Bill mentions that it further seeks to “protect the constitutional guarantee given to indigenous populations of North Eastern States covered under the Sixth Schedule to the Constitution and the statutory protection given to areas covered under "The Inner Line" system of the Bengal Eastern Frontier Regulation, 1873”.

Further, the government clarified that the CAA does not prevent Muslim refugees in India to get citizenship as per provisions of the Citizenship Act.

Watch: Home Minister Amit Shah on CAA at Republic Summit 2024