The Citizenship (Amendment) Act, 2019 (CAA) has been a subject of much debate and controversy since its enactment. However, with the recent notification of the Citizenship (Amendment) Rules, 2024 by the Ministry of Home Affairs, there’s a clearer picture emerging regarding the criteria, clauses, and procedures for obtaining Indian citizenship under this law.

The rules facilitate granting citizenship to minorities facing religious persecution in Pakistan, Bangladesh, and Afghanistan. An online system for application, processing, and granting of citizenship is being explored. Indian citizenship will be granted to immigrants facing persecution in Pakistan, Bangladesh, and Afghanistan.

The Ministry of Home Affairs notified the Citizenship Amendment Rules on Monday. The regulations will now make it easier for minorities in Pakistan, Bangladesh, and Afghanistan who are persecuted for their religious beliefs to become citizens of India.

Citizens of Pakistan, Bangladesh, and Afghanistan who are members of the Hindu, Sikh, Jain, Christian, Buddhist, and Parsi groups and who immigrated to India on or before December 31, 2014, are eligible to apply for citizenship under this provision.

The home ministry is considering an online application, processing, and citizenship grant mechanism under the CAA.

The CAA went into effect on January 10, 2020, after it was passed in December 2019. But because no one was informed of the rules, the Act could not be put into effect. A particular group and opposing parties opposed the law’s enactment, calling it discriminatory and calling for its repeal.

Indian citizenship will also be granted to the immigrant who has been living in India for at least five of the last 14 years or has lived in the country for the past year. Under the act, for the specified class of illegal migrants, the government has relaxed the number of years of residency to five years, which marks a significant reduction from the previous requirement of 11 years for citizenship by naturalization.

After the government made the announcement, the reactions started to pour in from the opposition leaders, who accused the Bharatiya Janata Party (BJP)-led Centre of resorting to ‘deviation’ and ‘publicity’ ahead of the 2024 Lok Sabha polls.

Eligibility: Who can apply for Citizenship

• An individual of Indian origin seeking registration as a citizen of India
• An individual married to a citizen of India, seeking registration as a citizen of India.
• An application from a minor child of an Indian citizen, seeking registration as a citizen of India
• An individual whose parents are registered as citizens of India, seeking registration as a citizen of India.
• An application from an individual who or either of their parents was a citizen of Independent India, seeking registration as a citizen of India
• An individual who is registered as an Overseas Citizen of India Cardholder

Document to be attached for Citizenship by naturalization

“The application for the grant of citizenship by naturalization, fulfilling the qualifications specified in the Third Schedule, is to be submitted using Form VIIIA. This form encompasses all necessary details and documentation required for the naturalization process.”

•  an affidavit verifying the correctness of the statements made in the application along with an affidavit from an Indian citizen testifying about the character of the applicant; 
•  a declaration from the applicant that he has adequate knowledge of one of the languages as specified in the Eighth Schedule to the Constitution.

The rule specifically mentions that “The applicant shall be considered to have adequate knowledge of the concerned language if he can speak or read or write that language.”

The application process for citizenship by naturalization, as outlined in Form VIIIA, requires the completion of several key steps and the submission of specific documentation:

1. Form VIIIA Submission: The applicant submits Form VIIIA, which includes all necessary personal details and information required for the naturalization process.

2. Affidavit Verification: The applicant must provide

an affidavit verifying the accuracy of the statements made in the application. This affidavit serves to ensure the truthfulness of the provided information.

3. Character Affidavit: Additionally, the applicant must furnish an affidavit from an Indian citizen attesting to the applicant’s character. This affidavit acts as a testament to the applicant’s reputation and conduct.

4. Language Declaration: The applicant is required to declare that they possess adequate knowledge of one of the languages specified in the Eighth Schedule to the Constitution of India. This declaration confirms the applicant’s linguistic proficiency, a crucial aspect of integration into Indian society.

Process for application submission

Under section 6B of the Citizenship Act, 1955, individuals seeking registration or naturalization must follow a specific application process:

1. Submission of Application: Applications are to be submitted electronically by the applicant to the Empowered Committee through the District Level Committee designated by the Central Government.

2. Acknowledgment: Upon submission, an acknowledgment in Form IX is electronically generated.

3. Document Verification: The District Level Committee, led by a Designated Officer, verifies the documents submitted along with the application.

4. Oath of Allegiance: The Designated Officer administers the oath of allegiance specified in the Second Schedule to the Citizenship Act, 1955, to the applicant. The signed oath, along with confirmation of document verification, is forwarded electronically to the Empowered Committee.

5. Refusal Consideration:  If an applicant fails to appear in person despite reasonable opportunities, the District Level Committee forwards the application to the Empowered Committee for consideration of refusal.

Renunciation Declaration: Every application includes a declaration by the applicant renouncing their citizenship of their current country, irrevocably and without future claim.

Required Documents: Each application must be accompanied by copies of documents specified in Schedule IA and IB, as well as an affidavit in the format specified in Schedule IC.

This process ensures that applicants fulfill the necessary criteria and undertake legal obligations as part of their application for citizenship under section 6B of the Citizenship Act, 1955.

What is Citizenship (Amendment) Act, 2019

The Citizenship (Amendment) Act, 2019 (CAA) is an act that was passed in the Parliament on December 11, 2019. The 2019 CAA amended the Citizenship Act of 1955 allowing Indian citizenship for Hindu, Sikh, Buddhist, Jain, Parsi, and Christian religious minorities who fled from the neighboring Muslim-majority countries of Pakistan, Bangladesh, and Afghanistan before December 2014 due to “religious persecution or fear of religious persecution”. However, the Act excludes Muslims. Under the CAA 2019 amendment, migrants who entered India by December 31, 2014, and had suffered “religious persecution or fear of religious persecution” in their country of origin, were made eligible for citizenship by the new law. These types of migrants will be granted fast-track Indian citizenship in six years. The amendment also relaxed the residence requirement for the naturalization of these migrants from eleven years to five.

Why people are protesting against CAA?

There have widespread protests across the country including the national capital region and northeastern states against the CAA amendment. The protest in Assam and other northeastern states turned violent over fears that the move would cause a loss of their “political rights, culture, and land rights” and motivate further migration from Bangladesh. The agitators say that the new amendment in the Citizenship Act discriminates against Muslims and violates the right to equality enshrined in the Constitution of the country. Sects like Shias and Ahmedis also face persecution in Muslim-majority countries like Pakistan but are not included in the CAA. Questions were also raised on the exclusion of persecuted religious minorities from other regions such as Tibet, Srilanka, and Myanmar.

 

 

What is the status of petitions filed challenging the constitutional validity of CAA?

Several petitions have been filed challenging the constitutional validity of the Citizenship (Amendment) Act, 2019, including by RJD leader Manoj Jha, Trinamool Congress MP Mahua Moitra, and AIMIM leader Asaduddin Owaisi. Several other petitioners include the Muslim body Jamiat Ulama-i-Hind, All Assam Students Union (AASU), Peace Party, CPI, NGOs ‘Rihai Manch’ and Citizens Against Hate, advocate ML Sharma, and law students have also approached the apex court challenging the Act. The top court has issued notice to the Centre and sought its response by the second week of January on a batch of pleas challenging the CAA.