Bharat Progress Report: Citizenship Amendment Act Rolled Out Across India

On 11 March 2024, the Indian government finally implemented the Citizenship Amendment Act (CAA) five years after the Parliament had passed it. This comes at a time when the nation is geared to hold the Lok Sabha elections. While the much-awaited notification has been given, it has again fueled debate and protests, which is regarding its exclusion of Muslims from the provisions of the law.

The implementation of the CAA follows the issuance of the Citizenship (Amendment) Rules, 2024, by Union Home Minister Amit Shah. Shah hailed the notification as a significant step in fulfilling Prime Minister Narendra Modi’s promise to provide refuge to persecuted religious minorities from Pakistan, Afghanistan, and Bangladesh. According to Shah, the law will allow Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians facing religious persecution to gain Indian citizenship.

What Is The Citizenship Amendment Act (CAA), 2019?

The Citizenship (Amendment) Act, 2019, passed by the Indian Parliament sought to expedite citizenship to religious minorities in the countries of Afghanistan, Pakistan, and Bangladesh. These people are Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians who fled because of religious persecution before December 31, 2014. It amended the Citizenship Act of 1955, and the requirement for naturalization was decreased from 11 years to 5 years for all these religious groups.

However, the act is highly controversial because it excludes Muslims from its list of beneficiaries, sparking fears of discrimination. This act has been criticized to violate the secular principles that govern the Indian Constitution; therefore, it has evoked widespread protests across the country.

2024 Rules: Procedural Clarifications

The Citizenship (Amendment) Rules, 2024, have defined detailed procedures for the application process. These rules give a structured framework to eligible communities from Afghanistan, Bangladesh, and Pakistan to apply for Indian citizenship. It will be an entirely online process, making it more accessible to applicants.

This allows religious minorities who had settled in India before or during December 31, 2014, on grounds of religious persecution, a chance to apply for Domicile Certificate. But apart from the religious, there are some other such categories of applicants eligible such as spouses and minor children of Indian citizens.

Some parts of India would however remain exempted from being covered under CAA nationwide. These places are often located in the northeastern areas. The Sixth Schedule of the Indian Constitution includes areas like Karbi Anglong in Assam, Garo Hills in Meghalaya, and parts of Tripura. Regions that require an Inner Line Permit (ILP) – Arunachal Pradesh, Nagaland, Mizoram, and Manipur – will also be out of the purview of the CAA.

These exemptions aim at being in the interest of saving the rights and interests of the indigenous people residing therein who have voiced out grave apprehensions regarding large immigration into these areas from its neighboring countries.
Protest and Litigation

Since its enactment, the CAA has been at the center of large-scale protests, particularly in northeastern India. Protesters in Assam and other affected regions have raised concerns about the impact of the law on their political, cultural, and land rights, fearing it will lead to an influx of migrants from Bangladesh.

The CAA, while a big step towards the fulfillment of the government’s promise to protect religious minorities facing persecution abroad, has been exclusionary and has led to continuing debates on its constitutional and moral implications.

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