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"घर आजा परदेसी तेरा देस बुलाए रे": A historic day unfolds as the MHA issues the first 14 citizenship certificates under the CAA, signaling over 300 persecuted minorities now embraced as Indian citizens—a profound commitment to refuge and human rights

The Ministry said that upon successful verification of documents, the designated officers administered oath of allegiance to the applicants
 |  Satyaagrah  |  News
Process of Issuing Citizenship Under CAA Begins, MHA Issues First Set of Citizenship Certificates to 14 Applicants
Process of Issuing Citizenship Under CAA Begins, MHA Issues First Set of Citizenship Certificates to 14 Applicants

On the 15th of May, a significant milestone was reached in the implementation of the Citizenship Amendment Act (CAA) as the first batch of citizenship certificates was issued. A total of 14 individuals from persecuted non-Muslim migrant communities in Pakistan, Afghanistan, and Bangladesh were granted Indian citizenship.

The certificates were handed over by Union Home Secretary Ajay Kumar Bhalla during a ceremony where the applicants' processed applications were acknowledged. This process was facilitated through a dedicated online portal. An official spokesperson detailed the event, noting its importance in the context of the CAA.

According to a statement released by the Home Ministry, "The first set of citizenship certificates after notification of Citizenship (Amendment) Rules, 2024 were issued today. Union Home Secretary Shri Ajay Kumar Bhalla handed over citizenship certificates to some applicants in New Delhi today. The Home Secretary congratulated the applicants and highlighted salient features of the Citizenship (Amendment) Rules, 2024. Secretary Posts, Director (IB), Registrar General of India and senior officers were also present during the interactive session."

Further elaborating on the day's events, the Ministry of Home Affairs shared in a press release, “Home Secretary congratulated the applicants and highlighted salient features of the Citizenship (Amendment) Rules, 2024. Secretary Posts, Director (IB), Registrar General of India and senior officers were also present during the interactive session.”

The Ministry of Home Affairs (MHA) has outlined the specific procedures and committees involved in the application and approval process under the Citizenship Amendment Act (CAA). "The Rules envisage manner of application form, procedure for processing applications by District Level Committee (DLC) and scrutiny and grant of citizenship by State Level Empowered Committee (EC). In pursuance of these rules, applications have been received from persons belonging to Hindu, Sikh, Jain, Buddhist, Parsi and Christian communities from Pakistan, Bangladesh and Afghanistan who have entered into India up to 31.12.2014 on account of persecution on grounds of religion or fear of such persecution," MHA stated.

After the applicants submit their documentation, the process involves a thorough verification. The Ministry explained, "Upon successful verification of documents, the designated officers administered oath of allegiance to the applicants." It further detailed the procedural steps, noting, "After processing as per rules, DLCs have forwarded the applications to the State Level Empowered Committee headed by Director (Census operation)."

A significant policy enactment also came into effect recently as per the Ministry's statements. "Notably, the Modi government notified CAA on 11th of March 2024 enabling the persons eligible under CAA-2019 to apply for a grant of Indian citizenship." Under the CAA, specific minority groups from neighboring countries, recognized as facing persecution, are eligible for Indian citizenship. These groups include Christians, Parsis, Sikhs, Jains, Buddhists, Hindus, and Sikhs, specifically those who arrived in India on or before December 31, 2014.

The Citizenship Amendment Act (CAA), enacted in December 2019, was designed to provide Indian nationality to persecuted non-Muslim migrants from Bangladesh, Pakistan, and Afghanistan who entered India on or before December 31, 2014. These migrants include individuals from Hindu, Sikh, Jain, Buddhist, Parsi, and Christian communities. "Following the enactment, the CAA received the president’s approval but the rules under which the Indian citizenship was granted were issued in March this year following over four years delay," the Ministry of Home Affairs noted.

The actual implementation of these rules took a significant step forward earlier this year. On March 11, the government formally announced the implementation of the Citizenship (Amendment) Act, 2019. "The Modi government notified the Citizenship (Amendment) Rules, 2024, paving the way for citizenship to undocumented non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan," the statement continued.

The timing of these notifications was strategic. "The rules were notified days ahead of the expected announcement of the Lok Sabha elections," the Ministry disclosed. With these rules in place, the government is now positioned to begin the process of granting Indian nationality to the identified groups of persecuted non-Muslim migrants from the three specified countries.

Importantly, the legislation is targeted specifically to assist certain minority groups and does not affect the status of current Indian citizens. "Notably, the CAA will not affect Indian citizens. It was introduced solely for the benefit of six minorities from Pakistan, Afghanistan, and Bangladesh," the Ministry emphasized, clarifying the intended scope and impact of the Act.

What is CAA?

The Citizenship Amendment Act (CAA) is fundamentally aimed at providing protection to individuals who have fled to India to escape religious persecution. It specifically offers these individuals a defense against illegal migration proceedings. To qualify for citizenship under the CAA, applicants must have arrived in India on or before December 31, 2014. Under the current laws, Indian citizenship can be granted to those born in India or those who have resided in the country for a minimum of 11 years. "The proposed amendment also includes a provision for the cancellation of Overseas Citizen of India (OCI) registration if the OCI cardholder violates any provision of the Citizenship Act or any other applicable law," outlines the legislation.

Who does CAA leave out?

Since its enactment in 2019, the CAA has been at the center of controversy, particularly among leading opposition parties who argue that the law discriminates against Muslims, who constitute about 15% of India's population. The government, however, contends that Muslims are not considered persecuted minorities in Pakistan, Afghanistan, and Bangladesh, as these countries are Islamic republics with Muslim majorities. Despite these assertions, the government assures that "applications from other communities will be reviewed on a case-by-case basis." This policy aims to address individual circumstances and provide refuge to those genuinely in need.

How can migrants apply for citizenship?

To streamline the citizenship application process under the Citizenship Amendment Act (CAA), the Ministry of Home Affairs has developed an online portal. This system is designed to simplify the submission and processing of applications. Applicants are required to disclose the year they entered India, even if they did so without proper documentation. "The applicants won't be asked for any documents," ensuring a more accessible entry point for those seeking citizenship.

Why has the Opposition been up in arms against it?

Since its passage in December 2019, the CAA has ignited widespread controversy and protests, drawing criticism from various opposition parties who label the act as "discriminatory." The timing of the rule notification has also come under scrutiny. The Congress party, in particular, has been vocal about its concerns, suggesting that the notification was timed to influence voter sentiment in the upcoming Lok Sabha elections in key states like West Bengal and Assam.

Congress general secretary Jairam Ramesh articulated this perspective, stating, "After seeking nine extensions for the notification of the rules, the timing right before the elections is evidently designed to polarize the elections, especially in West Bengal and Assam." This sentiment is echoed in different parts of the country, with Kerala's Chief Minister Vijayan opposing the act outright. He has announced that the CAA will not be implemented in Kerala, condemning it as a law that "promotes communal division."

The intensity of the situation has been further highlighted by the anti-CAA protests, which escalated to involve police action and resulted in over 100 fatalities. This stark outcome underscores the deep divisions and high stakes associated with the enactment of the CAA.

The timing of notifying rules

The Citizenship Amendment Act (CAA) was passed nearly four years ago. According to the manual of parliamentary procedures, "the rules for any legislation should have been framed within six months of presidential assent or seek extension from the Committees on Subordinate Legislation in both the houses of the Parliament." Despite this guideline, since 2020, "the home ministry has been taking extension at regular intervals from the parliamentary committees for framing the rules."

The momentum shifted in December 2023 when Union Home Minister Amit Shah declared the unwavering commitment to the CAA, stating, "no one can stop the implementation of the CAA as it is the law of the land and also said it was the BJP's commitment to implement the CAA." This statement came at a crucial time, as "the timing of the notification is also to be viewed as the Lok Sabha polls are likely to be announced in a couple of days and the Model Code of Conduct may be implemented thereafter."

How many people may seek citizenship under the new rules?

While the exact number of potential applicants under the new rules has not been specified, significant data is available from the past. According to the annual report of the Ministry of Home Affairs for 2021-22, "from April 1, 2021, to December 31, 2021, a total of 1,414 foreigners belonging to these non-Muslim minority communities from Pakistan, Bangladesh, and Afghanistan were given Indian citizenship by registration or naturalization under the Citizenship Act, 1955."

This statistic reflects the ongoing impact and reach of the CAA, particularly as it applies in nine states: Gujarat, Rajasthan, Chhattisgarh, Haryana, Punjab, Madhya Pradesh, Uttar Pradesh, Delhi, and Maharashtra, where "the Citizenship Act of 1955 grants non-Muslim minorities from Pakistan, Bangladesh, and Afghanistan Indian citizenship through registration or naturalization."

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