Tag Archives: citizenship amendment act

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

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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

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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.