Official Notification For CAA Issued After 4 Years !!

Written by:

Adv Shifa

Updated: 09-03-2024

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The Central Government, on 11th March, has finally released notification for implementation of the Citizenship (Amendment) Act, 2019, commonly referred to as CAA, to grant citizenship for undocumented non-Muslim migrants from the states of Pakistan, Bangladesh and Afghanistan, who came to India before the date of 31st December, 2014.

After the rules for CAA have been issued, Indian nationality could be given to the persecuted community of non-Muslims belonging to the above mentioned countries.

The Parliament passed the Act in December 2019, the assent of the President was also given to the respective Bill, however, it could not come into effect at the time.

The country, at the time, witnessed numerous protests against the Act as well.

What is the Citizenship Amendment Act?

The Citizenship Amendment Act (CAA), was passed with an intention to protect the individuals who sought refuge in the country on the grounds of religious persecution. The Act was supposed to act as a shield against the acts of illegal migration.
The Act would amend the Citizenship Act of 1955, and shall help ease out the process of citizenship for Hindu, Sikh, Christian, Buddhist, Jain, and Parsi communities who have migrated from the neighbouring countries of Pakistan, Bangladesh, and Afghanistan, before December 31, 2014.
As per the new Amendment, citizenship process would be accelerated for such migrants who, before the date of 31st December 2014, entered India on grounds of religious persecution or the fear of it, from their country of origin (which have been mentioned above).

How the Act could be implemented after 4 years ?

As has already been mentioned, the Act was passed 4 years ago, and as per the Parliamentary Work Manual, corresponding rules for any Act passed must be framed within a period of 6 months after it has been given the assent of the President of India or the Government will have to seek extension from Committees on Subordinate Legislation in both the Houses of the Parliament.
The Home Ministry, has been continuously taking extensions at regular intervals from the respective committees since 2020.

How to apply for apply for citizenship under the Act ?

The entire procedure would via online means and portal for the same has been prepared by the Home Ministry for the convenience.
The applicant would have to disclose the year when he or she entered the country without proper paperwork.
As per the provisions of the Act, no documents shall be asked from the Applicant.

Why protests against the Act ?

The main point of contention against the Act is that the law is discriminatory against a particular section of the Country, as it targets the Muslims.
The Government, over various occasions has already explained that as the three countries mentioned above are Islamic Republics and have Muslim majority, Muslims from such countries cannot be considered to be as persecuted community.
The Government, has still assured that each application other community would be considered on case to case basis.

In conclusion, CAA with new amendment, would help grant Indian citizenship at a much faster rate to undocumented non-Muslim minority migrants from Pakistan, Bangladesh, and Afghanistan, by registration or naturalisation in the states of Gujarat, Rajasthan, Punjab, Chhattisgarh, Haryana, Madhya Pradesh, Uttar Pradesh, Delhi, and Maharashtra.

As per the annual report by the Ministry of Home Affairs, from April 1, 2021 to December 31, 2021, around of 1414 people belonging to the above mentioned category were provided with citizenship of India.

Before deciding to deal with any matter related to legal field or involving even a minute legality, it is advised that you consider talking to a lawyer or seek proper legal consultation for the matter at hand, by reaching out to us at Sharks of Law.

Email:-helpdesk@sharksoflaw.com

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