Tuesday, January 21, 2025
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CAA Conundrum

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This time the opening of the Ram temple does not seem to have elicited the right amount of hype and hoopla for the BJP as the Pulwama incident did on February 14, 2019 just before the Lok Sabha polls. Hence the much-hyped Citizenship Amendment Act (CAA) , the rules for which were notified on March 11 last, seems like the vote-catching strategy. However, it does not appear to be easy for a persecuted Hindu in Bangladesh, Pakistan and Afghanistan to become an Indian citizen via the CAA. The process it appears is difficult for those from the six categories of religions namely Hindus, Sikhs, Christians, Parsis, Buddhists and Jains who have migrated to India illegally on the basis of religious persecution in their respective countries to claim citizenship in India.
The CAA rules announced on March 11 last seem complicated for many who had arrived in India before December 2014. They have to access an online system for application, which will be processed before granting citizenship under the Act. Those eligible include individuals of Indian origin, spouses of Indian citizens, minor children of Indian citizens, individuals with registered Indian citizen parents, and Overseas Citizens of India (OCI) Cardholders, among others. It is the documentation required for citizenship by naturalisation that seems problematic. They have to submit Form VIIIA, accompanied by an affidavit verifying the accuracy of the provided information and attesting to the applicant’s character by an Indian citizen. Additionally, applicants must declare their proficiency in one of the languages specified in the Eighth Schedule to the Constitution of India.
Under Section 6B of the Citizenship Act, 1955, applicants must follow a specific application process, including electronic submission of the application to the Empowered Committee through the designated District Level Committee. Upon submission, applicants will receive an acknowledgement in Form IX. This will be followed by document verification by the District Level Committee. Every application made by the applicant under sub-rule (1) shall have a declaration to the effect that the citizenship of his country shall stand renounced irrevocably in the event of his/her application being approved and that he/she shall not raise any claim on it in future.
The designated officer administers the oath of allegiance to the applicant, and the application, along with necessary documents, are forwarded to the Empowered Committee for further processing. In case the applicant fails to appear in person for the oath-taking, the District Level Committee may forward the application to the Empowered Committee to be considered for refusal. Upon successful completion of the application, citizens will be provided digital certificates.Some who have been in India for a long time are unhappy that the CAA does not offer unconditional citizenship, as was the demand. Instead, applicants are required to produce documents from both India and Bangladesh. Some migrants also fear that if they apply for citizenship under CAA they will not enjoy welfare rights that are by law offered only to Indian citizens. Meanwhile about 200 petitions are pending before the Supreme Court seeking that CAA be annulled as it is unconstitutional and violates Article 14 of the Constitution. The apex court on March 19 sought answers from the central government by April 9, on the objections raised by petitioners against the CAA. Until then the petitioners have sought a stay on the CAA

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