Central Government’s Notification Sets Stage for Citizenship Amendment Act (CAA) Enforcement After Four-Year Delay
The Citizenship Amendment Act (CAA) is set to be enforced today, following the Central government’s announcement of plans to notify the CAA Rules. Although the CAA received the President of India’s approval on December 12, 2019, it remained in limbo for the past four years due to the non-notification of the accompanying rules. The government has now revealed its intention to notify the Citizenship (Amendment) Rules, 2024, paving the way for the implementation of the contentious CAA.
The CAA, which sparked significant unrest in Delhi in February 2020, aims to grant citizenship to Hindus, Jains, Christians, Sikhs, Buddhists, and Parsis who arrived in India on or before December 31, 2014, from Bangladesh, Pakistan, and Afghanistan. The amendment alters Section 2 of the Citizenship Act of 1955, particularly redefining “illegal migrants.”
This modification introduces a new provision to Section 2(1)(b) of the Citizenship Act, stating that individuals belonging to specific religious communities from Afghanistan, Bangladesh, or Pakistan, and exempted by the Central government under certain acts, will not be deemed “illegal migrants.” Consequently, they become eligible to apply for citizenship under the 1955 Act. Notably, the law excludes the Muslim community from this provision, leading to nationwide protests and numerous petitions before the Supreme Court.
Challengers of the CAA argue that it discriminates against Muslims based on religion, violating the right to equality under Article 14. Despite widespread protests, the Supreme Court issued notices in over 140 petitions in January 2020 without staying the Act. In response, the Central government, in an affidavit before the Supreme Court, asserted that the CAA does not impinge on the legal, democratic, or secular rights of Indian citizens.
The government maintains that the existing process for foreign nationals to obtain Indian citizenship remains unaffected by the CAA. The petitions are currently pending before the Supreme Court.
Union Home Minister Amit Shah commended the issuance of the Citizenship (Amendment) Rules, 2024, expressing optimism about its potential to provide a pathway for minorities facing religious persecution in Pakistan, Bangladesh, and Afghanistan to obtain Indian citizenship.
The Modi government today notified the Citizenship (Amendment) Rules, 2024.
These rules will now enable minorities persecuted on religious grounds in Pakistan, Bangladesh and Afghanistan to acquire citizenship in our nation.
With this notification PM Shri @narendramodi Ji has…
— Amit Shah (Modi Ka Parivar) (@AmitShah) March 11, 2024
In a tweet, the Home Minister stated, “Through this notification, PM Shri Narendra Modi Ji has fulfilled yet another commitment, honoring the constitutional promise to Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians residing in those nations.”
https://indiancitizenshiponline.nic.in/UserGuide/E_gazette_11032024.pdf
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