In a significant move, the Indian government has finally put into effect
the long-debated Citizenship Amendment Act (CAA). Although passed by parliament
back in 2019, the law remained dormant until this recent announcement. The CAA,
which had sparked widespread protests across the nation five years ago, is now
being implemented amidst a charged political climate.
The contentious nature of the CAA stems from
allegations of an anti-Muslim bias. Critics argue that the law discriminates
against certain religious minorities, while supporters maintain that it is
essential for addressing the plight of persecuted communities. As the country
gears up for national elections, Prime Minister Narendra Modi faces the
challenge of navigating this sensitive issue while seeking a third term in
office.
The implementation of the CAA is poised to
shape India’s socio-political landscape, and its impact will reverberate far
beyond its legal provisions. As citizens grapple with questions of identity,
inclusion, and justice, the CAA remains a focal point of debate and dissent.
54.1 What is the Citizenship Amendment Act in India?-
The
Citizenship Amendment Act (CAA), passed by the Indian Parliament in December
2019, is an amendment to the Citizenship Act of 1955. Before the CAA, foreign
nationals seeking Indian citizenship through naturalization needed to reside in
India for 11 years. However, the CAA expedited the process for certain
religious minorities who fled religious persecution in Afghanistan, Bangladesh,
and Pakistan before December 31, 2014. These eligible minorities include Hindus,
Sikhs, Buddhists, Jains, Parsis, and Christians. They become eligible for
Indian citizenship within 5 years, even if they are currently residing in India
without valid visas or other required paperwork.
54.2 The Controversy Surrounding Muslim Asylum Seekers-
Unlike the previous citizenship law, the CAA does not extend the same
eligibility to Muslims from neighboring countries. This exclusion has ignited
controversy and led to protests, as it introduces India’s first religion-based
citizenship criterion. Critics argue that this selective approach undermines
the secular fabric of India’s democracy.
54.3 Pathways to Faster Citizenship-
The CAA provides accelerated pathways to
Indian citizenship for eligible minorities:
●
Indian Citizenship by Birth
(Section 3):
○
Born in India between 26/01/1950 and
01/07/1987: Irrespective of parents’ nationality.
○
Born in India between 01/07/1987
and 03/12/2004: Eligible if either parent is an Indian citizen.
○
Born in India on or after
03/12/2004: Both parents must be Indian citizens or one parent must be an
Indian citizen, and the other not an illegal migrant.
●
Indian Citizenship by Descent
(Section 4):
○
Foreign nationals can acquire
Indian citizenship by fulfilling eligibility criteria and submitting an
application.
●
Indian Citizenship by
Naturalization (Section 6):
○
Foreign nationals (not illegal
immigrants) can obtain Indian citizenship after residing in India for a
specified period and meeting other requirements.
54.4 Public Response and Controversy-
The
CAA has sparked widespread protests and debates. Critics argue that it
discriminates based on religion, while supporters emphasize its intent to
protect persecuted minorities. The law’s impact on India’s social fabric and
international relations continues to be a subject of discussion.
54.5 Conclusion-
In
conclusion, the Citizenship Amendment Act (CAA) of India represents a nuanced
response to the humanitarian imperative of providing sanctuary to persecuted
religious minorities. The CAA aims to offer a legal pathway for citizenship to
specific religious minorities who have faced persecution in neighboring
countries, including Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians
primarily from Afghanistan, Bangladesh, and Pakistan. Importantly, the act does
not seek to revoke citizenship from any existing Indian citizens, regardless of
their religious affiliations. It underscores India’s commitment to religious
freedom and equality, aligning with the nation’s ethos of inclusivity and
compassion. Despite controversies and misconceptions, understanding the CAA’s
genuine intent is crucial in navigating the discourse surrounding it.
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