Recently, the debate over the Citizenship Amendment Act (‘CAA’) has gained limelight again due to Indian Elections 2024. The controversy sparked widespread debate both domestically and internationally when the bill was passed by the Indian Parliament in 2019. In this article, we will analyze the dispute of CAA.
CAA offers a path of citizenship to the religious minority i.e. Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians residing in neighbouring countries such as Pakistan, Bangladesh and Afghanistan who have faced religious persecution in their respective country and have migrated to India before 31 December 2014 for their safety.
The Act aims to provide refugees citizenship to persecuted religious minorities facing discrimination in these nations. However, there is widespread criticism and legal challenges towards CAA which makes its fate uncertain. It all started with huge protests in New Delhi and major parts of India in 2019; however, that was stopped due to the arrival of the pandemic.
Further, especially, Assamesse people had shown discord towards the Act since it violates the Assam Accord, 1955 to an extent. Assam Accord is a historic agreement signed in August 1985 which aimed at resolving the long-standing issue of illegal immigration from Bangladesh to Assam.
Citizenships in India
In ancient India, citizenship was designed to one’s affiliation with a specific kingdom or ruling dynasty, with varying rights and responsibilities based on social status and occupation. With the adoption of the Indian Constitution in 1950, Citizenship was defined by one’s commitment towards the nation and adherence to its values rather than by ethnicity or religion.
There were certain ways to acquire Indian citizenship in India mentioned in Articles 5 to 11 of the Indian Constitution. They were as follows:
- By Birth
- By
- By Registration.
- By Naturalization.
- By Incorporation of New Territory
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Partition of India
Partition of India led to the division of British India into two separate nations, India and Pakistan, in 1947. This partition led to a result of increasing tensions between the Hindu and Muslim communities during that time. It led to widespread violence, mass migrations, and loss of life as millions of Hindus, Muslims, and Sikhs were relocated to the newly formed nations.
Despite hopes for peace and stability, the partition left a lot of communal tensions between the territories. And therefore, this partition gave many refugees to different parts of India especially the Northern parts of India which made them illegal immigrants and resulted in the debates and controversies in the present day to be legal citizens of India.
Additionally, illegal immigrants have been migrating to India from the neighbouring countries during the religious pilgrimages. For example, various Pakistani Hindus left for pilgrimage but never returned to their home country due to the continuous persecution of religious minorities in Pakistan. This resulted in an increase of illegal immigrants residing in India and the question of their citizenship arose.
Assam Protests
Assam is a highly cultured and heritable state of India. The state has their own culture, values, morals and uniqueness. The people of Assam have feelings of affinity towards their culture and they feel it safeguards it for future generations. However, after the liberation of East Pakistan, now Bangladesh, a huge number of illegal migrants travelled to Assam to settle there.
This led to huge outrage since it destroyed the culture of the Assamese people. Therefore, an Accord was signed in 1985 which made a provision for deporting illegal immigrants. It has made a baseline date for detecting and deporting any illegal immigrant who came after 1st January 1966. However, the date was changed to 24th March, 1971.
Now, after the passing of CAA any immigrant, who came before 31st December 2014, can get citizenship. Therefore, Assamese people claim that this is a violation of the Assam Accord.
CAA Rules
Although CAA was introduced in December 2019, its implementation rules were introduced on 11th March 2024.
Rules are as follows:
Illegal immigrants from three Muslim-majority countries- Pakistan, Afghanistan and Bangladesh are only supposed to prove.
- The country of their origin
- Their religion
- The date of their entry into India and lastly;
- The knowledge of an Indian language as per the 8th schedule of the constitution.
Controversies and Protests
The primary controversy surrounding the CAA stems from its exclusion of Muslims, leading many to label it as discriminatory and unconstitutional. Critics argued that by explicitly favouring non-Muslim migrants, the Act undermines India’s secular fabric and violates the principle of equality and secularism as enshrined in the constitution.
They contend that the Act marginalizes India’s Muslim minority and contravenes the secularism of the nation. Moreover, the CAA’s implementation, coupled with proposed exercises like the National Register of Citizens (NRC), has raised concerns about its potential impact on marginalized communities, particularly Muslims.
The NRC, which aims to identify undocumented immigrants residing in India, could potentially render millions of Muslims stateless if they fail to provide adequate documentation to prove their citizenship. Critics fear that the combination of the CAA and NRC could lead to the removal of Muslim citizens, particularly those from socio-economic backgrounds.
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International Response
The international community has weighed in on the CAA controversy, with concerns raised by various governments. Human rights organizations, and the United Nations. Critics argue that the Act undermines India’s secular credentials and contravenes international human rights norms.
However, the Indian government has maintained that the CAA is an internal matter and rebuffed external interference. Legal challenges against the CAA are pending in the Supreme Court of India, with petitions filed alleging constitutional violations and seeking its repeal.
Critics argue that the Act violates the fundamental rights guaranteed by the Indian Constitution that is Article 14 including the right to equality and non-discrimination. However, the Supreme Court’s response to these challenges remains uncertain, leaving the fate of the CAA in uncertainty.
Conclusion
At last, CAA remains a contentious issue in Indian politics, drawing out passionate debates and conflicting narratives. While proponents view it as a humanitarian gesture to safeguard persecuted minorities, critics perceive it as a threat to India’s secular identity and constitutional values. The resolution of this debate is committed to upholding the rights of all its citizens, regardless of religion.
Authored by Krithika Gupta, a 1st year Law student at Calcutta University.
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