The Citizenship Amendment Act, 2019 which was passed by the Parliament in 2019, has now become a reality, as the Ministry of Home affairs notified the Citizenship Amendment Rules, 2024, on Monday, March 11.
Few months ago, Amit Shah, Union Minister of Home Affairs, said, “CAA was, is and will remain a reality.” But this reality is being described as ‘Anti-Muslim’ and the Government is being accused of promoting a “Hindutva agenda.”
However, the ministry of Home affairs clearing the speculations, stated that,” Indian Muslims need not to worry as CAA has not made any provision to impact their citizenship and has nothing to do with the present 18 crore Indian Muslims, who have equal rights like their Hindu counterparts. No Indian citizen would be asked to produce any document to prove his citizenship after this Act.”
Let’s understand, What is the Citizenship Amendment Act?
The Controversial Citizenship Amendment Act (CAA) offers Indian citizenship to persecuted non-Muslim migrants from three neighbouring countries including Bangladesh, Pakistan, and Afghanistan who came to India before December 31, 2014, expediting the process for Hindus, Sikhs, Jains, Buddhists, Parsis, and Christians. However, The CAA Act does not apply to Indian citizens as it seeks to grant Indian citizenship to particular foreigners who have suffered persecution on grounds of their religion in the three neighbouring countries.
As per the Citizenship Amendment Rules, 2024, applicants must indicate their "date of entry" into India and submit six different forms of documentation. The new regulations require that those who meet the requirements apply for Indian citizenship via online portal, stating the year of their undocumented entry into India.
For this, The Ministry of Home Affairs (MHA) had also launched the web portal to facilitate the application process. The rules, now referred to as CA 2024, have reduced the residency requirement from "not less than 11 years" to "not less than five years" for persecuted minorities seeking Indian citizenship.
The Citizenship Amendment Bill was introduced in Parliament on July 15, 2016, as an amendment to the Citizenship Act, 1955. It secured parliamentary approval on December 11, 2019. Despite facing scrutiny, the bill successfully passed through the Rajya Sabha with 125 votes in favour, opposed by 105 votes.
During the Rajya Sabha debate, opposition parties questioned the amendments' constitutional validity. Following parliamentary approval, President Ram Nath Kovind granted his assent to the Citizenship (Amendment) Bill, 2019, on December 13, effectively enshrining it into law.
Going back to 2019, when Amit Shah said, "Firstly, the CAB [Citizenship Amendment Bill] is going to come into effect and all the refugees will be given citizenship. Then, the NRC will be brought in. Refugees need not worry but infiltrators surely need to worry. You need to understand the chronology," The trio CAA-NRC-NPR stirred up widespread protests and criticism. Whereas CAA applies to foreigners, NRC-NPR applies to Indian citizens.
What is NRC-NPR?
NRC, also known as the All India NRC, is an official record containing the names of all citizens in the country. It is established under Section 14A of the Citizenship Act, enacted in 2003 during the tenure of the first BJP government led by Atal Bihari Vajpayee, with LK Advani serving as the Home Minister. This section allows the government to compulsorily register all citizens and issue National Identity Cards to them.
The NPR serves as the initial step towards creating the NRC by compiling a registry of residents, from which a registry of Indian citizens is established. The NPR, or National Population Register, encompasses all individuals ordinarily residing in India, regardless of citizenship status.
In accordance with the Citizenship Rules of 2003, the NPR functions as a database containing the details of all regular residents of the country, aiming to establish a comprehensive identity database of individuals residing in India. This database is compiled through a house-to-house enumeration conducted during the "house-listing" phase of the census, which occurs once every 10 years.
The NRC was only originally implemented in Assam after six years of widespread protests. All Assam Students Union (AASU) and the All Assam Gana Sangram Parishad signed the Assam Accords in 1985. According to these agreements, an Assamese resident would be regarded as an Indian citizen if they could provide proof of their own or their ancestor's residency in Assam prior to the deadline of March 25, 1971.
However, There hasn't been any official announcement regarding a nationwide National Register of Citizens (NRC) yet, and there are no signs indicating an imminent NRC exercise.
Is CAA-NRC Anti-Muslim?
Critics say that the CAA, along with the NRC could discriminate against India's 200 million Muslims, the world's third-largest Muslim population. They fear that the CAA-NRC together might strip citizenship from Muslims without proper documentation in border states, similar concerns are also raised by rights groups and Muslim organisations.
Critics have drawn attention to the possibility that members of the religious groups listed in the CAA, Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians, who are not included in the NRC rolls may be able to regain their Indian citizenship, but Muslims who are not covered by the CAA would not have access to this. They argue that Indian Muslims may lose their right to vote as a result of the proposed NRC and the CAA.
IUML moves to Supreme Court
Against the implementation of the Act, Indian Union Muslim League (IUML) has moved to the Supreme Court to challenge the rules issued by the Union government. In a petition filed before the highest court, the IUML seeks to contest the validity of the CAA's amendments and calls for a stay on its implementation.
The petition contends that the newly notified rules introduce a "highly truncated and fast-tracked process" for granting citizenship to non-Muslim migrants, which IUML deems "manifestly arbitrary and discriminatory," based solely on religious identity, undermining the principle of secularism enshrined in the Indian Constitution.
Opposition Leaders Unite Against the CAA
West Bengal CM
Trinamool Congress (TMC) chief Mamata Banerjee said, "Let me see the rules first. The notification has not been issued yet. If people are deprived of their rights under the rules, then we will fight against it. This is BJP's publicity for elections, it is nothing else.”
“You should have notified the rules six months ago. If there are any good things, we always support and appreciate but if anything is done that is not good for the country, TMC will always raise its voice and oppose it. I know why today's date was chosen before Ramazan,” she added.
She questioned the timing of their notification ahead of the Lok Sabha poll. “Why do this only days before the Lok Sabha poll is scheduled to be announced? Why did the Centre have to wait for four years to notify the law after it was passed in Parliament?” she asked. Ms. Banerjee went on to emphasise that she will not allow “any detention camps or NRC (National Register of Citizens)“ in the State.
AIMIM Chief Asaduddin Owaisi
AIMIM chief and MP Asaduddin Owaisi wrote on X today, "You understand the chronology -- first election season will arrive then CAA rules will come. Our objections to CAA remain the same. CAA is divisive & based on Godse’s thought that wanted to reduce Muslims to second-class citizens,"
"Give asylum to anyone who is persecuted but citizenship must not be based on religion or nationality. The government should explain why it kept these rules pending for five years and why it’s implementing it now. Along with NPR-NRC, CAA is meant to only target Muslims, it serves no other purpose. Indians who came out on the streets to oppose CAA NPR NRC will have no choice but to oppose it again."
"CAA is divisive and based on Godse's thought that it wanted to reduce Muslims to second-class citizens".
Aap chronology samajhiye, pehle election season aayega phir CAA rules aayenge. Our objections to CAA remain the same. CAA is divisive & based on Godse’s thought that wanted to reduce Muslims to second-class citizens.
Give asylum to anyone who is persecuted but citizenship must…— Asaduddin Owaisi (@asadowaisi) March 11, 2024
Congress general secretary Jairam Ramesh
In a post on X, Congress general secretary (communications) Jairam Ramesh said, "It has taken four years and three months for the Modi Government to notify the rules for the Citizenship Amendment Act that was passed by the Parliament in December 2019. The Prime Minister claims that his Government works in a business-like and time-bound manner. The time taken to notify the rules for the CAA is yet another demonstration of the Prime Minister's blatant lies.”
"After seeking nine extensions for the notification of the rules, the timing right before the elections is evidently designed to polarise the elections, especially in West Bengal and Assam. It also appears to be an attempt to manage the headlines after the Supreme Court's severe strictures on the Electoral Bonds Scandal," he added.
#WATCH | Nandurbar, Maharashtra: Congress leader Jairam Ramesh says, "...The guarantees we've given in Telangana and Karnataka are being fulfilled. Where did the word guarantee come from? This is not Narendra Modi's word. Rahul Gandhi had used the term 'guarantee' during… pic.twitter.com/uEwlYUkat8— ANI (@ANI) March 12, 2024
Bahujan Samaj Party chief Mayawati
Mayawati too took to social media to question the utility of the CAA. “Instead of implementing the law before the election, it would have been better to implement it only after clearing doubts, confusion and addressing the fear about the law,” she said.
Delhi CM Arvind Kejriwal
Kejriwal said on X, "After ruling the country for 10 years, the Modi government has brought CAA ahead of the (Lok Sabha) elections. At a time when the poor and middle class are groaning due to inflation and unemployed youth are struggling from door to door for employment, instead of solving those real issues, these people have brought CAA."
"It means they want to bring people from neighbouring states (countries) to India and settle them. Why? To create their vote bank," Kejriwal claimed.
"When our youth do not have employment then who will provide employment to the people coming from neighbouring states (countries)? Who will build a house for them? Will BJP provide them employment? Will BJP build a house for them?" Kejriwal asked.
"BJP is probably the only party in the world which is doing this dirty politics to make the poor of neighbouring countries its vote bank. This is against the country," he stated.
दस साल देश पर राज करने के बाद एन चुनाव के पहले मोदी सरकार CAA लेकर आयी है। ऐसे वक़्त जब गरीब और मध्यम वर्ग महंगाई से कराह रहा है और बेरोज़गार युवा रोज़गार के लिए दर दर की ठोकरें खा रहा है, उन असली मुद्दों का समाधान करने की बजाय ये लोग CAA लाये हैं।
कह रहे हैं कि तीन पड़ोसी देशों…— Arvind Kejriwal (@ArvindKejriwal) March 11, 2024
Kerala CM
Kerala Chief Minister Pinarayi Vijayan said,
"The government has repeatedly stated that the Citizenship Amendment Act, which treats Muslim minorities as second-class citizens, will not be implemented in Kerala. That remains the position. All of Kerala will stand united in opposing this communally divisive law,"
Actor and TVK Chief Thalapathy Vijay
The chief of Tamilaga Vettri Kazhagam (TVK) and South actor Thalapathy Vijay has criticised the Center for enacting the divisive Citizenship (Amendment) Act, 2019. He declared that in a society where all people live in harmony, it is unacceptable to pass laws of this kind. He also pleaded with the Tamil Nadu government to stop the law from being enforced in the state.
Among Many Critics, Few have also welcomed CAA 2019
Maulana Shahabuddin Razvi Bareilvi, President of the All India Muslim Jamaat
Maulana Shahabuddin Razvi Bareilvi has praised the law. "I applaud this law": Maulana Shahabuddin Razvi Bareilvi, President of the All India Muslim Jamaat
"The Indian government has enacted the CAA law, which is positive. Despite being overdue, it's beneficial. There are misconceptions among Muslims regarding this law, though it doesn't affect them.” "Prior to now, there was no law granting citizenship to non-Muslims fleeing religiously motivated crimes from Pakistan, Afghanistan, and Bangladesh.
He added, "It has been observed that there have been protests in previous years; these were the result of miscommunications. Certain political figures sowed mistrust among Muslims... "All Indian Muslims ought to embrace the CAA.”
Shiromani Gurdwara Parbandhak Committee (SGPC)
"I applaud Prime Minister Narendra Modi for his choice. For Sikhs who converted to Islam in Pakistan, Afghanistan, and Bangladesh, this is a wise choice, according to SGPC spokesman Gurcharan Singh Grewal.
CAA has led to a Nationwide Protest
The Implementation of Citizenship Amendment Act, have ignited nationwide protests, prompting states to urge centre for its reconsideration. Additionally, Concerns over potential-communal violence have led to preemptive measures and heightened security in the capital, New Delhi.
JAMIA MILLIA ISLAMIA, Delhi
Students at Jamia Millia Islamia staged a protest on Tuesday, demanding the withdrawal of the Citizenship Amendment Act (CAA) and the release of students arrested during anti-CAA demonstrations four years ago. Addressing the media from inside the campus, they called for the repeal of the CAA, withdrawal of cases against students, and demilitarization of the university. The protest saw slogans like "Delhi Police wapas jao" and "Inqalab Zindabad." Security measures were heightened in the area following the government's notification of CAA rules, with Delhi Police and paramilitary personnel deployed, and drones used for monitoring.
ASSAM and NORTH-EAST
Protests against the implementation of the Citizenship (Amendment) Act (CAA) have escalated in Assam, leading to a statewide strike being called. Residents in Assam, including those in Nalbari, Dibrugarh, Guwahati, and Golaghat, have taken to the streets, vowing to continue their demonstrations until the government retracts the law.
Indigenous community groups in some areas of Assam have burned copies of the CAA notification, prompting heightened police vigilance and the erection of barricades to prevent a repeat of the violent anti-CAA protests witnessed in 2019.
The All Assam Students' Union (AASU) and 30 other ethnic organizations are leading protests against the Citizenship (Amendment) Act (CAA) in Assam, with demonstrations featuring chants like "CAA Aami Namanu" and "Joi Aai Asom." The opposition alliance, led by the Congress party, has also announced a statewide non-cooperation movement.
Akhil Gogoi, now serving as an MLA after his activism, strongly condemned the implementation of the Citizenship Amendment Act (CAA), equating it to an assault on the Assamese community akin to historical invasions.
"CAA is nothing but the Centre's attack on the Assamese community. The way Mughals attacked Assam, the same way BJP is trying to attack Assam in the name of CAA and to fight, the only response from the people of the state is nothing but massive peaceful agitation," he said.
More than 50 individuals belonging to different organisations have already been arrested as anti-CAA protests broke out in Sivasagar. However, there has been no major response from the public, with shops and establishments remaining open in the capital city and elsewhere, and traffic moving without disruptions. Protests are also planned in other northeastern states, specifically Meghalaya and Tripura, by the North East Students’ Organisation.
The Assam government is making every effort to suppress protests against the CAA, CM Himanta Biswa Sarma, has made a bold promise regarding the implementation of the Citizenship Amendment Act (CAA), declaring that he would resign if anyone in the state, who hasn't applied for the National Register of Citizens (NRC), is granted citizenship under the CAA.
TAMIL NADU
Chief Minister M.K. Stalin and opposition parties in Tamil Nadu strongly oppose implementing the Citizenship Amendment Act, fearing it may divide communities along religious lines. They emphasize upholding constitutional values and citizens' rights, criticizing the rushed CAA rules ahead of Lok Sabha elections as divisive tactics.
Stalin dismissed the CAA as 'divisive and bereft of any use'. He condemned it as a tool of division orchestrated by the Bharatiya Janata Party (BJP) and the Central government. He underscored the law's intrinsic flaws, asserting that it undermines the principles of pluralism, secularism, and poses a threat to minority communities and Sri Lankan Tamil refugees.
The Communist Party of India - Marxist (CPI-M) and the Communist Party of India (CPI) have joined forces in denouncing the CAA, emphasising its draconian nature and its potential to sow seeds of communal disharmony. State Secretary of CPI-M, K. Balakrishnan, affirmed the party's commitment to thwarting any attempts to enforce the controversial law, promising a robust protest across the state.
Shaheen Bagh - Hub of 2019 Protest
Looking Back at the CAA's History, protests against the Citizenship Act are not new. Its Implementation was a major campaign platform for the BJP before the 2019 election. However its passage was met with both praise and protest.
On December 15, 2019, when police stormed the university campuses, student-police clashes broke out at Aligarh Muslim University and Jamia Millia Islamia University in Delhi. This led to anti-CAA sit-in protests in Delhi's Shaheen Bagh, effectively shutting down the capital.
The movement began as a small meeting of ten to twenty women , It quickly grew into a large-scale protest that drew thousands of people from all walks of life. Women, kids, professionals, activists, and students were among the diverse groups of people who gathered at Shaheen Bagh, turning it into a centre for protest and artistic expression. Speeches, lectures, poetry readings, interfaith prayers, and group meals prepared by Sikh volunteers were all part of the daily schedule.
Despite being peaceful, the demonstration turned into a political hotbed of accusations and denials between political parties, especially during the Delhi Assembly election. Delhi Police and paramilitary forces were called in by the authorities to keep the peace and stop more disturbances.
However, the protest came to an end with the onset of the COVID-19 pandemic, as the government enforced a nationwide lockdown in March 2020. The Delhi police subsequently cleared the protest site on March 24, 2020.
If to draw conclusions, the implementation of the Citizenship (Amendment) Act (CAA) has come after four years of its passage in 2020, is a significant move for the rights of minorities in the neighbouring nations as Home Minister Amit Shah states, that the minorities persecuted on religious grounds in neighbouring countries are now enabled to acquire citizenship in India. However, this move has not been without controversy, as nationwide protests and negative speculation have emerged from North to South.
(Inputs from various Agencies)
Photo Credit: Multiple Sources
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