The Indian government recently announced the implementation of the Citizenship Amendment Act (CAA), a law passed by parliament in 2019 but only enforced now, just weeks before Prime Minister Narendra Modi seeks a third term in office through national elections. This move has reignited debates surrounding the contentious legislation.
Understanding the Citizenship Amendment Act (CAA)
The CAA, an amendment to the 1955 Citizenship Act, introduces significant changes to India’s citizenship criteria. Before its enactment, any foreign national seeking Indian citizenship through naturalization needed to have spent 11 years in India. However, the CAA expedites citizenship applications for Hindus, Parsis, Sikhs, Buddhists, Jains, and Christians who fled religious persecution in Muslim-majority Afghanistan, Bangladesh, and Pakistan before December 31, 2014. These individuals become eligible for citizenship in five years, even if residing in India without valid documentation.
Controversies Surrounding the CAA
While proponents argue that the CAA provides refuge to minorities persecuted on religious grounds in neighbouring countries, critics raise concerns about its exclusionary nature. The law introduces, for the first time in independent India’s history, a religious test for citizenship. Muslim asylum seekers are notably disadvantaged, as they must still wait 11 years and provide valid documentation to attain citizenship. Legal experts argue that this violates Article 14 of the Indian Constitution, which guarantees equality before the law.
Response and Protests
The implementation of the CAA has sparked protests across India, echoing sentiments expressed during the law’s passage in 2019. Students of Jamia Millia Islamia University in New Delhi reported protests breaking out in the institute, with police intervention. Similar demonstrations occurred in areas near Delhi’s Shaheen Bagh, a hub of protests over the CAA in previous years.
Political Ramifications and Concerns
Critics question the timing of the law’s enforcement, particularly its proximity to national elections. There are concerns over the potential polarization of voters, with some alleging a politically motivated agenda behind the timing. Additionally, fears loom over the potential implementation of the National Register of Citizens (NRC), which aims to identify and deport immigrants without valid documentation. The CAA-NRC combination could potentially target Muslims while favouring Hindus and other specified religious groups.
As protests continue and legal challenges against the CAA mount, the ramifications of its implementation remain uncertain. The legislation has reignited debates about citizenship, religious freedom, and social inclusion in India’s diverse society. Whether the CAA will stand as a landmark policy or face significant pushback from civil society and legal institutions is yet to be seen.
