The issuance of the first set of citizenship certificates under the Citizenship Amendment Act (CAA) marks a significant moment in India’s contemporary political landscape. Perceived as a historic day, fourteen individuals, persecuted non-Muslim migrants from Pakistan, Bangladesh and Afghanistan, received Indian nationality nearly two months after the rules under the contentious law were notified. The CAA, enacted in December 2019, aims to grant Indian nationality to Hindu, Sikh, Jain, Buddhist, Parsi and Christian migrants who fled religious persecution in the aforementioned countries and entered India on or before December 31, 2014.

Despite receiving Presidential assent over four years ago, the rules facilitating the implementation were only notified on March 11, 2024. This delay reflects the complexities and political sensitivities surrounding the Act.

The Home Minister’s proclamation of the CAA as the fulfilment of a promise made at the time of India’s independence underscores the Government’s perspective that the Act corrects a historical injustice. By providing a pathway to citizenship for specific religious minorities facing persecution, the CAA is presented as a humanitarian gesture aligned with India’s civilizational ethos of asylum and protection. However, the enactment of the CAA has been met with significant opposition and has sparked widespread protests across the country.

Critics argue that the Act is discriminatory as it explicitly excludes Muslim migrants, thus undermining the secular principles enshrined in the Indian Constitution. The reality is that India is home to lakhs of Bangladeshi refugees as the borders with neighbouring countries are porous, facilitating infiltration. Once in India, NGOs and sympathetic groups often take these cases to court, where they can drag on for decades, as seen recently with the Rohingyas.

Meanwhile, minorities in Pakistan, Bangladesh, and Afghanistan face severe religious persecution, risking their extinction. Forced conversions, marriages, and attacks on individuals and religious places are common, with respective Governments failing to protect these minorities. As a result, only a few thousand minority people remain, enduring daily discrimination with no choice but to seek refuge in India, where, before the CAA, they were merely refugees with limited rights.

With the enactment of the CAA, these individuals can now become legal citizens of India. The Government has set a specific year for considering such citizenship applications, which will greatly enhance the dignity and quality of life for these persecuted minorities. This fixed date also ensures that no new refugees can expect Indian citizenship based on future arrivals. While there may be criticisms regarding the timing of the implementation, for many families, it has undoubtedly come as a blessing.
The timing of the issuance of these certificates, amidst the ongoing general elections, may be a matter of debate as it has become a polarising issue, dividing public opinion.

One of the key aspects of the CAA’s implementation is the procedural rigour established by the Citizenship (Amendment) Rules, 2024. These rules outline the application process, including the role of the District Level Committee (DLC) and the State Level Empowered Committee (SLEC) in scrutinising and granting citizenship. The online processing of applications is a step towards transparency and efficiency. Yet, it also raises questions about accessibility for those who may not be technologically adept or lack the necessary documentation due to their precarious status as refugees.

The Administration’s ability to maintain fairness, transparency, and speed in processing applications will be critical in determining the Act’s long-term impact and public perception. The issuance of these citizenship certificates should be viewed as a beginning rather than an end. It calls for continued dialogue, introspection, and adjustments to ensure that the implementation of the CAA aligns with the principles of justice, equality, and ensures a future for religiously persecuted migrants.

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