CAA FAQs: Myths and Facts to Know About Citizenship Amendment Act to Clear Misinformation

New Delhi: The Citizenship Amendment Act (CAA), 2019 was notified by the Government of India on March 11, 2024. The CAA Bill was passed by the Parliament of India on December 11, 2019. The Ministry of Home Affairs (MHA) said in an official statement on X on Monday: “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.”

There are several myths and confusions about CAA since the time it was announced by the PM Modi government. Let us bust some myths about CAA with straight facts from the government as to what the Act means for Indian citizenship.

CAA FAQs, Myths and Facts

What does CAA mean to Indian citizens? Does it affect current Indian citizens, including Muslims?

The CAA does not affect the people living in India who have citizenship. The MHA clarified that the CAA “has absolutely nothing to do with any Indian citizen in any way. The Indian citizens enjoy fundamental rights conferred on them by the Constitution of India of-India). No statute, including the CAA, can abridge or take them away. There has been a misinformation campaign. The CAA does not affect any Indian citizens, including Muslim citizens”.

Which religions does CAA apply to? As per CAA, who will get Indian citizenship?

The CAA will grant Indian citizenship to non-Muslim immigrants from three of India’s neighbouring countries – Pakistan, Afghanistan and Bangladesh. As per the government, CAA is relevant only for Hindu, Sikh, Jain, Buddhist, Parsi and Christian foreigners who have migrated from Pakistan, Bangladesh and Afghanistan into India up to December 31, 2014. The reason for their migration should be persecution faced by them in those countries on the basis of their religion. The CAA does not apply to any other foreigners, including Muslims migrating to India from any country, including Pakistan, Bangladesh and Afghanistan.

CAA is NOT anti-Muslim

"Our Muslim brothers are being misled and instigated. 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 Union Home Minister Amit Shah in a talk earlier. The government clarified that the CAA does not prevent Muslim refugees in India to get citizenship as per provisions of the Citizenship Act, nor does it affect the existing citizenship of Muslims.

Can Muslims from Pakistan, Bangladesh and Afghanistan never get Indian citizenship?

The MHA stated that the present legal process of acquiring Indian citizenship by any foreigner of any category through Naturalization (Section 6 of the Citizenship Act) or through Registration (Section 5 of the Act) is still valid. 

“The CAA does not amend or alter it in any manner whatsoever. Hundreds of Muslims migrating from these three countries have been granted Indian citizenship during the last few years. If found eligible, all such future migrants shall also get Indian citizenship, irrespective of their numbers or religion. In 2014, after the settlement of Indo- Bangladesh boundary issues, 14,864 Bangladeshi citizens were given Indian Citizenship when their enclaves were incorporated into the territory of India. Thousands of these foreigners were Muslims,” said the MHA.

How does CAA benefit Hindu, Sikh, Jain, Buddhist, Parsi and Christian foreigners coming from Pakistan, Bangladesh and Afghanistan?

If the travel documents of these migrants, like passport and visa are not in order or are not available, they could still apply for Indian citizenship provided they were persecuted in either Pakistan, Bangladesh or Afghanistan on religious grounds. “The CAA creates this legal right for such migrants,” said the government, emphasising that an alternative and faster route for Indian citizenship is available through the Naturalisation mode. The minimum residency requirement under CAA for Naturalisation in India would be only 1+5 years instead of 1+11 vears applicable for all other categories of foreigners.

Are Baluchis, Ahmediyas in Pakistan, Rohingayas in Myanmar considered under CAA?

The government said that the “CAA has not stopped any foreigners of any country from applying for Indian Citizenship under The Citizenship Act, 1955”. Hence, the Baluchis, Ahmediyas and Rohingayas can apply to become Indian citizens as and when they fulfill the qualifications provided in the relevant sections of The Citizenship Act, 1955.

Will illegal Muslim immigrants from Pakistan, Bangladesh and Afghanistan be deported under CAA?

The CAA has nothing to do with the deportation of any foreigner from India. “The deportation process of any foreigner irrespective of his religion or country is implemented as per the mandate of the Foreigners Act, 1946 and/or The Passport (Entry into India) Act, 1920. These two laws govern entry, stay movement within India and exit from India of all foreigners irrespective of their religion or country. Therefore, the usual deportation process would apply to any illegal foreigner staying in India,” say the FAQs by the government.

Can Hindus facing persecution on grounds of religion in countries other than Pakistan, Afghanistan and Bangladesh apply under CAA?

Such Indians will have to apply through the usual process for Indian citizenship for either Registration or Naturalization as a citizen of India. They would get no preference under The Citizenship Act, 1955, even after the CAA, explains the government.

Does the CAA also cover forms of persecution other than religion, like race, gender, membership of a political or social group, language, ethnicity, and so on?

The CAA is only focussed on the “law that deals specifically with foreigners of six minority community groups hailing from three neighbouring countries that have their distinct state religion”, emphasised the government. “Any foreigner persecuted abroad on any account may apply for Registration or Naturalization as a citizen of India like any other foreigner if he fulfills the minimum qualifications laid down in The Citizenship Act, 1955,” it reiterated.

Will the CAA exclude Indian Muslims from Indian citizenship?

This is not true. The CAA does not apply to any existing Indian citizen in the first place, whatever religion they belong to. “All Indian citizens enjoy the fundamental rights guaranteed by the Constitution of India. CAA is not meant to deprive any Indian citizen of his citizenship. Rather it is a special law to enable certain foreigners facing a particular situation in three neighbouring countries to get Indian citizenship,” said the government.

Will CAA be followed by NRC and Muslims be sent to detention camps in India?

The government has clarified that the CAA has nothing to do with NRC. “The legal provisions regarding NRC have been part of The Citizenship Act, 1955 since December 2004. Also, there are specific statutory rules of 2003 to operationalise these legal provisions. They govern the process of registration of Indian citizens and the issuance of national identity cards to them. These legal provisions have been on the statute books since the last 15-16 years. The CAA has not altered them in anyway whatsoever,” elaborated the government.

What is the process of applying for citizenship through CAA?

1. The CAA, implemented on March 11, 2024, will require applicants to access its online portal indiancitizenshiponline.nic.in for applying for citizenship.
2. Applicants will have to mention the year they entered India without any travel documents or if their documents are no longer valid.
3. As of now, no further documentation will be needed from the applicants.
4. Further rules of CAA will be specific by the government in the coming days.

What are the documents to be submitted by applicants under CAA?

Any of nine (9) documents can be submitted by people applying for Indian citizenship under CAA, including a passport which is valid or expired, any identity (ID) cards or land tenany records. Any of these documents should be able to prove the applicant's nationality of Pakistan, Afghanistan or Bangladesh. Further, the applicants under CAA can submit 20 documents, including a copy of their visa and immigration stamp on arrival in India, or certificate issued by an elected member of any rural or urban body or revenue officer. Such a document should be able to prove that the national from Pakistan, Afghanistan or Bangladesh has entered India on or before December 31, 2014.

Here is the list of documents required under CAA:

Copy of the passport issued by the Government of Afghanistan or Bangladesh or Pakistan.

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.

School certificate or Educational certificate issued by the School or College orBoard or University authorities in Afghanistan, Bangladesh or Pakistan.

Identity Document of any kind issued by Government of Afghanistan orBangladesh or Pakistan or any other Government authorities or Governmentagencies in these countries.

Any License or Certificate issued by a Government authority of Afghanistan,Bangladesh or Pakistan
Land or tenancy records in Afghanistan or Bangladesh or Pakistan.

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.

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.

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