‘Misplaced, Misinformed, Unwarranted’: India Rebuffs US Remarks on CAA Implementation

India has rejected the US State Department’s “concerns” regarding the implementation of the Citizenship Amendment Act (CAA), and termed it as “misplaced, misinformed, and unwarranted.”

In a press briefing, Randhir Jaiswal, spokesperson for the Ministry of External Affairs, emphasized that the CAA primarily aims at granting citizenship rather than revoking it. Jaiswal dismissed critiques from those with limited comprehension of India’s diverse traditions and the historical context following partition.

Addressing concerns raised by the US State Department and others, Jaiswal reiterated that India views the criticism as unfounded. He urged international partners to acknowledge the goodwill underlying the enactment of the CAA, framing it as consistent with India’s inclusive ethos and enduring commitment to human rights.

The Citizenship Amendment Act 2019 provides refuge to persecuted minorities, including Hindus, Sikhs, Buddhists, Parsis, and Christians from Afghanistan, Pakistan, and Bangladesh, who arrived in India before December 31, 2014.

Jaiswal contended that there are no justifiable grounds for apprehension or mistreatment of minorities, cautioning against allowing political considerations to influence perceptions of a commendable initiative aiding distressed individuals.

India’s assertive response followed comments from US State Department Spokesperson Matthew Miller expressing concern over the notification of CAA rules and signaling close scrutiny of its implementation.

The Central government implemented the CAA on Monday, offering a pathway to citizenship for undocumented non-Muslim migrants from neighboring countries who entered India before December 31, 2014.

Critics argue that the law undermines the secular principles enshrined in the Indian Constitution by excluding Muslims from its provisions.

CAA Move: Home Ministry launches web portal to apply for Indian citizenship

Following the enactment of rules governing the Citizenship Amendment Act (CAA) by the government, the Ministry of Home Affairs (MHA) launched a web portal on Tuesday to facilitate applications for Indian citizenship from individuals persecuted on religious grounds in Afghanistan, Pakistan, and Bangladesh.

The newly introduced web portal (accessible at https:/indiancitizenshiponline.nic.in) coincides with the MHA’s notification of the rules under CAA 2019, now referred to as CA 2024. These rules extend Indian citizenship to refugees belonging to six minority communities – Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians – who sought refuge in India before December 31, 2014.

Notably, the previous law required migrants to reside in India for ‘not less than 11 years’ to qualify for citizenship, a duration reduced to ‘not less than five years’ for eligible persecuted minorities under CAA.

According to the MHA’s annual report for 2021-22, a total of 1,414 individuals from these non-Muslim minority communities in Pakistan, Bangladesh, and Afghanistan were granted Indian citizenship through registration or naturalization under the amended Citizenship Act, 1955.

The original Citizenship Act of 1955 (57 of 1955) was instituted to regulate the acquisition and determination of Indian citizenship.

Against the backdrop of historical trans-border migration between India and the regions encompassing Pakistan, Afghanistan, and Bangladesh, millions of individuals of varied faiths from undivided India found themselves residing in what became Pakistan and Bangladesh post the 1947 partition.

A notable aspect is the designation of specific state religions in the constitutions of Pakistan, Afghanistan, and Bangladesh, leading to persecution of individuals from Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities on religious grounds.

The severity of persecution prompted many to seek refuge in India, albeit often with expired or incomplete travel documents, rendering them technically illegal migrants under previous legislation.

To address their plight, the Central government exempted these migrants from penalties under the Passport (Entry into India) Act, 1920, and the Foreigners Act, 1946, while also granting them long-term visas.

However, under the leadership of Prime Minister Modi, the government has extended eligibility for Indian citizenship to these persecuted non-Muslim migrants, specifying a cutoff date of December 31, 2014.

The Citizenship Amendment Act (CAA) streamlines the citizenship acquisition process for migrants from these communities, enabling them to apply for Indian nationality, subject to prescribed conditions and procedures.

Notably, the CAA provides immunity to these migrants against any ongoing proceedings regarding their migration status or citizenship matters, facilitating their citizenship applications.

Furthermore, amendments to the Third Schedule of the Citizenship Act allow applicants from these communities to qualify for citizenship by naturalization after five years of residency, instead of the previous requirement of eleven years.

Importantly, the CAA safeguards the constitutional rights of indigenous populations in northeastern states covered under the Sixth Schedule and those in areas protected by the “Inner Line” system of the Bengal Eastern Frontier Regulation, 1873.

 

Hindus in UK, US, Canada upbeat Over India’s Citizenship Amendment Act, Call it Human Rights Win

Now that the Citizenship Amendment Act (CAA) has been implemented to offer Indian citizenship to persecuted minorities, reactions from all over the world are pouring in. A “big win for human rights”, say Hindu organisations across the US, the UK, and Canada, hailing the announcement of the Indian government.

The move was lauded by international advocacy groups. The India’s Citizenship Amendment Act (CAA), a key promise of the ruling BJP’s 2019 electoral agenda, has drawn praise for its provisions to grant citizenship to persecuted religious minorities from neighboring countries.

The Hindu Forum Canada commended the Indian government’s decision, emphasizing India’s commitment to international human rights obligations. The group expressed hope for similar measures in Pakistan and Bangladesh to promote harmony among Indian nationals.

Likewise, the Coalition of Hindus of North America (CoHNA) hailed the CAA as a victory for human rights, stressing its positive impact on persecuted minorities from Pakistan, Bangladesh, and Afghanistan. CoHNA clarified that the act does not affect existing Indian citizens of any faith but expedites citizenship for approximately 31,000 religious minorities facing persecution.

Union Home Minister Amit Shah 

Highlighting the plight of minority communities in Pakistan, CoHNA cited instances of forced conversions and kidnappings, driving families to seek refuge in India. The Hindu American Foundation (HAF) echoed these sentiments, emphasizing the necessity of CAA to protect vulnerable refugees and uphold human rights.

Comparing the CAA to the Lautenberg Amendment in the US, HAF’s Executive Director Suhag Shukla praised both countries for extending support to persecuted individuals based on their religion.

Similarly, a London-based Hindu advocacy group praised India’s dedication to religious freedom and equality, emphasizing its secular values.

Despite widespread support, the enactment of CAA in December 2019 faced opposition from Muslim communities and political parties, alleging discrimination.