In a significant move on March 11, the Centre notified the rules for the Citizenship Amendment Act (CAA), marking a pivotal step towards its implementation more than four years after its passage by Parliament in December 2019. The CAA stands to benefit thousands of Hindu, Sikh, Buddhist, Jain, Parsi or Christian migrants from Pakistan, Bangladesh and Afghanistan who entered India before December 31, 2014 and seek citizenship. This legislation provides a pathway to citizenship for those who have faced religious persecution in their respective home countries, embodying India's commitment to humanitarian values and inclusivity.
The CAA simplifies the process for eligible migrants, reducing the period of citizenship by naturalisation from 11 years to five. Under the newly-notified rules, applicants are required to establish their countries of origin, religion, date of entry into India and proficiency in an Indian language to apply for citizenship. The stringent documentation requirements under ‘The Citizenship Act, 1955’ have been considerably relaxed, acknowledging the challenges faced by these marginalised communities.
Previously, a valid passport issued by Pakistan, Bangladesh or Afghanistan, along with a copy of a valid Residential Permit of India, was essential. However, under the new rules, various documents such as birth certificates, educational institution certificates, identity documents, licences, land records or any other valid document proving the applicant's citizenship of these countries are accepted. Moreover, documents demonstrating familial ties to citizens of these countries are also admissible, providing greater flexibility and inclusivity.
Furthermore, the requirement for a certificate attesting to the applicant's proficiency in an Indian language has been simplified. Instead of a formal certification, a declaration of proficiency and the ability to converse in the language are deemed sufficient, easing the burden on applicants.
Establishing the date of entry into India, a crucial aspect of the citizenship process has also been streamlined. The rules enumerate various documents, including visas, residential permits, government-issued letters, educational certificates and utility bills, that can serve as evidence of entry. This broad spectrum of acceptable documents ensures that individuals can substantiate their claims through diverse means, facilitating a smoother application process.
The administration of the citizenship application process has undergone notable changes as well. In response to opposition from certain States, the Centre has revised the process to minimise State interference. Empowered Committees and District Level Committees, constituted by the Centre, will oversee the application process, relegating State involvement to a minimal role. This centralised approach ensures uniformity and efficiency in processing applications, aligning with the broader national interest.
Critics often overlook the government's longstanding efforts to address the plight of refugees from neighbouring countries. Initiatives dating back to 2002 under various administrations demonstrate India's commitment to accommodating persecuted minorities. From granting Long Term Visas (LTVs) to extending citizenship eligibility to specific groups, successive governments have endeavoured to provide relief to vulnerable communities.
The CAA represents a culmination of these efforts, offering a structured framework for granting citizenship to deserving individuals. By recognising the historical and contemporary challenges faced by persecuted minorities, the legislation embodies India's ethos of pluralism and compassion. The streamlined application process, relaxed documentation requirements and centralised administration reflect the government's commitment to facilitating the integration of marginalised communities into the national fabric.
The notification of CAA rules heralds a new era of empowerment and inclusivity for persecuted minorities seeking refuge in India. The unnecessary negative propaganda by the vested interest groups that the CAA is against any particular religious community and shall take away their citizenship is not only ill-informed but also assertions distant from the truth, intended to confuse the nation for political and other gains and are part of a deliberate campaign to dent the image of the government and the nation abroad. However, on the contrary, by providing a clear pathway to citizenship and simplifying the application process, the legislation reaffirms India's status as a beacon of hope and refuge for those facing religious persecution. As the curtains rise on the rules of this landmark legislation, it is imperative to uphold the values of compassion, tolerance and inclusivity that define the Indian ethos.
(The writer is an advocate, Orissa High Court, Addl. Central Government Standing Counsel, CAT, Cuttack Bench, Consulting Editor-Legal Affairs and Public Policy, The Pioneer and a Distinguished Adjunct Professor of Law and Media Studies, School of Mass Communication, KIIT University. Views are personal)
