Modi govt makes Citizenship (Amendment) Act official weeks ahead of Lok Sabha elections

With this decision, the Modi government will begin the process of granting Indian nationality to persecuted non-Muslim migrants, including Hindus, Sikhs, Jains, Buddhists, Parsis, and Christians, from Pakistan, Bangladesh, and Afghanistan.

New Delhi: Over four years after it was passed, the Narendra Modi government on Monday implemented the contentious Citizenship (Amendment) Act, 2019, to provide citizenship to persecuted non-Muslim minorities in Afghanistan, Pakistan and Bangladesh, by notifying the rules.

The government's move comes days ahead of the announcement of the Lok Sabha elections with Union Home Minister Amit Shah saying that with this, Prime Minister Narendra Modi has “delivered on another commitment and realised the promise” to the Hindus, Sikhs, Buddhists, Jains, Parsis and Christians living in the three countries, as envisioned by the framers of the Constitution.

“These rules will now enable minorities persecuted on religious grounds in Pakistan, Bangladesh and Afghanistan to acquire citizenship in our nation,” Shah said. An MHA spokesperson stated that applications must be submitted online only, for which a dedicated web portal has been established.

As the government introduced the new citizenship regime for persecuted minorities in neighbouring countries, security has been bolstered in sensitive areas across the country, particularly in North-east Delhi, Shaheen Bagh, and Jamia Nagar in the national capital, where intense protests were previously observed.

According to the amendments to the Citizenship Act, 1955, individuals belonging to six minority communities in the three countries, who entered India on or before December 31, 2014, will not be classified as illegal migrants. They are eligible for citizenship if they can demonstrate residency in India for five years, rather than the requirement of 11 years for others.

According to the rules, an applicant seeking citizenship will need to provide two documents: one from nine options listed in Schedule 1A and another from 20 options listed in Schedule IB. These documents will remain admissible even beyond their validity. Additionally, applicants must submit a copy of a valid or expired foreign passport, if available, along with a residential permit, evidence of the date of birth of parents, and evidence of Indian nationality of spouses in specific circumstances.

The documents listed in Schedule 1A include a copy of a passport issued by Afghanistan, Bangladesh, or Pakistan, a registration certificate or residential permit issued by the Foreigners Regional Registration Officer or Foreigners Registration Office in India, a birth certificate from their home country, any education certificate issued by schools, colleges, or universities, identity documents of any kind from the three countries, and land or tenancy records, among others.

The documents listed in Schedule 1B include slips issued by census enumerators in India, a copy of the visa or immigration stamp upon arrival in India, the ration card of the applicant, government-issued certificates or permits including a driving license or Aadhaar card, the birth certificate of the applicant issued in India, PAN card, insurance policy document, electricity bills, and court or tribunal records, among others.

Sources in the Ministry of Home Affairs (MHA) stated that the amendments and the accompanying rules remove legal barriers to rehabilitation and citizenship for persecuted minorities. They emphasised that this move provides a dignified life to refugees who have endured decades of suffering by safeguarding their cultural, linguistic, and social identity. Additionally, it is expected to ensure economic, commercial, free movement, and property purchase rights for these individuals, they said.

Seeking to clear "misconceptions" surrounding the CAA, they said the amendments will not take away the citizenship of any Indian citizen, irrespective of religion, and that this Act is only for those who have suffered persecution for years and have no other refuge in the world except India.

The BJP had in its 2019 Lok Sabha election manifesto said that it was committed to enacting the Citizenship Amendment Bill for the protection of persecuted religious minorities from neighbouring countries.