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Citizenship (Amendment) Act, 2019

Citizenship (Amendment) Act, 2019
Parliament of India
  • An Act further to amend the Citizenship Act, 1955.
CitationAct No. 47 of 2019
Passed byLok Sabha
Passed10 December 2019 (2019-12-10)
Passed byRajya Sabha
Passed11 December 2019 (2019-12-11)
Assented to12 December 2019 (2019-12-12)
Signed byRam Nath Kovind,
President of India
Signed12 December 2019 (2019-12-12)
Effective10 January 2020 (2020-01-10)[1][2]
Codification
Code sections created11th March, 2024
Legislative history
First chamber: Lok Sabha
Bill titleCitizenship (Amendment) Bill, 2019
Bill citationBill No. 370 of 2019
Introduced byAmit Shah,
Minister of Home Affairs
Introduced9 December 2019 (2019-12-09)
First reading9 December 2019 (2019-12-09)
Second reading10 December 2019 (2019-12-10)
Third reading11 December 2019 (2019-12-11)
Amends
Citizenship Act, 1955
Status: In force

The Citizenship (Amendment) Act, 2019 (CAA) was passed by the Parliament of India on 11 December 2019. It amended the Citizenship Act, 1955 by providing an accelerated pathway to Indian citizenship for persecuted religious minorities from Afghanistan, Bangladesh and Pakistan who arrived in India by 2014. The eligible minorities were stated as Hindus, Sikhs, Buddhists, Jains, Parsis or Christians.[3][4] The law does not grant such eligibility to Muslims from these countries.[5][6][7] The act was the first time that religion had been overtly used as a criterion for citizenship under Indian law, and it attracted global criticism.[7][a][b][c]

The Bharatiya Janata Party (BJP), which leads the Indian government,[8] had promised in previous election manifestos to offer Indian citizenship to members of persecuted religious minorities who had migrated from neighbouring countries.[9][10] Under the 2019 amendment, migrants who had entered India by 31 December 2014, and had suffered "religious persecution or fear of religious persecution" in their country of origin, were made eligible for accelerated citizenship.[4] The amendment relaxed the residence requirement for naturalisation of these migrants from twelve years to six.[11] According to Intelligence Bureau records, there will be just over 30,000 immediate beneficiaries of the act.[12][d]

The amendment has been criticized as discriminating on the basis of religion, particularly for excluding Muslims.[5][6] The Office of the United Nations High Commissioner for Human Rights (OHCHR) called it "fundamentally discriminatory", adding that while India's "goal of protecting persecuted groups is welcome", this should be accomplished through a non-discriminatory "robust national asylum system".[16] Critics express concerns that the bill would be used, along with the National Register of Citizens (NRC), to render many Muslim citizens stateless, as they may be unable to meet stringent birth or identity proof requirements.[17][18] Commentators also question the exclusion of persecuted religious minorities from other regions such as Tibet, Sri Lanka and Myanmar.[17][19] The Indian government said that since Pakistan, Afghanistan and Bangladesh have Islam as their state religion, it is therefore "unlikely" that Muslims would "face religious persecution" there.[10][20] However, certain Muslim groups, such as Hazaras (mostly Shias) and Ahmadis, have historically faced persecution in these countries.[21][22][23]

The passage of the legislation caused large-scale protests in India.[24] Assam and other northeastern states witnessed violent demonstrations against the bill over fears that granting Indian citizenship to refugees and immigrants will cause a loss of their "political rights, culture and land rights" and motivate further migration from Bangladesh.[25][26][27] In other parts of India, protesters said that the bill discriminated against Muslims, and demanded that Indian citizenship be granted to Muslim refugees and immigrants as well.[28] Major protests against the Act were held at some universities in India. Students at Aligarh Muslim University and Jamia Millia Islamia alleged brutal suppression by the police.[29] The protests have led to the deaths of several protesters, injuries to both protesters and police officers, damage to public and private property, the detention of hundreds of people, and suspensions of local internet mobile phone connectivity in certain areas.[30][31] Some states announced that they would not implement the Act. In response, the Union Home Ministry said that states lack the legal power to stop the implementation of the CAA.[32]

On 11 March 2024, the Ministry of Home Affairs officially announced the rules for the Citizenship Amendment Act. This development follows Union Home Minister Amit Shah's commitment to implement them before the 2024 national elections.[33]

  1. ^ "MINISTRY OF HOME AFFAIRS NOTIFICATION S.O. 172(E)" (PDF). The Gazette of India. 10 January 2020. Retrieved 11 March 2024.
  2. ^ "Citizenship Amendment Act comes into effect from today as MHA issues notification". The Indian Express. 10 January 2020.
  3. ^ Citizenship Amendment Bill: India's new 'anti-Muslim' law explained Archived 12 December 2019 at the Wayback Machine, BBC News, 11 December 2019.
  4. ^ a b "Parliament passes the Citizenship (Amendment) Bill 2019". pib.gov.in. Retrieved 18 December 2019.
  5. ^ a b Cite error: The named reference CNNExcludes was invoked but never defined (see the help page).
  6. ^ a b Gringlas, Sam. "India Passes Controversial Citizenship Bill That Would Exclude Muslims". NPR.
  7. ^ a b Slater, Joanna (18 December 2019). "Why protests are erupting over India's new citizenship law". The Washington Post. Archived from the original on 18 December 2019. Retrieved 18 December 2019.
  8. ^ "From CAA to Art 370 Abrogation: 5 of Modi govt's boldest moves". Free Press Journal. 20 December 2020. Retrieved 2 January 2020.
  9. ^ Sankalpit Bharat Sashakt Bharat Archived 10 November 2019 at the Wayback Machine, BJP Sankalp Patra Lock Sabha 2019 (Manifesto, 2019)
  10. ^ a b Kaur Sandhu, Kamaljit; Singh, Mausami (9 December 2019). "Citizenship Amendment Bill has public endorsement, was part of manifesto: Amit Shah". India Today. The Citizenship Amendment Bill ... was required to give protection to people who are forced to live in pathetic human condition while rejecting the argument that a Muslim may suffer religious persecution in Bangladesh, Pakistan and Afghanistan saying that a Muslim is unlikely to face religious persecution in an Islamic country
  11. ^ "The Citizenship (Amendment) Bill, 2019" (PDF). PRS India. Archived from the original (PDF) on 12 December 2019. Retrieved 11 December 2019.: "For these groups of persons, the 11 years’ requirement will be reduced to five years." This is in addition to twelve-month residency immediately preceding the citizenship application.
  12. ^ Saha, Abhishek (20 January 2019). "Explained: Why Assam, Northeast are angry". Hindustan Times. Retrieved 11 December 2019.
  13. ^ "How many immigrants will benefit from Citizenship Act? 25,447 Hindus, 5,807 Sikhs, 55 Christians, two Buddhists and two Parsis, says Intelligence Bureau". Firstpost.
  14. ^ Tripathi, Rahul (17 December 2019). "Citizenship Amendment Act decoded: What it holds for India". The Economic Times.
  15. ^ Intelligence Bureau to tap RAW to verify citizenship claims Archived 12 January 2020 at the Wayback Machine, The Telegraph, 9 January 2019.
  16. ^ Spokesperson for the UN High Commissioner for Human Rights Archived 19 December 2019 at the Wayback Machine, Jeremy Laurence, United Nations High Commission for Refugees, Geneva (13 December 2019)
  17. ^ a b Chaudhry, Suparna (13 December 2019). "India's new law may leave millions of Muslims without citizenship". The Washington Post.
  18. ^ Cite error: The named reference IE Explained NRC+CAA was invoked but never defined (see the help page).
  19. ^ Gettleman, Jeffrey; Raj, Suhasini (11 December 2019). "Indian Parliament Passes Divisive Citizenship Bill, Moving It Closer to Law". The New York Times. Retrieved 18 December 2019.
  20. ^ "Is India's claim about minorities true?". 12 December 2019. [The Indian government states:] 'The constitutions of Pakistan, Afghanistan and Bangladesh provide for a specific state religion. As a result, many persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities have faced persecution on grounds of religion in those countries.'
  21. ^ Cite error: The named reference economist was invoked but never defined (see the help page).
  22. ^ "What Does India's New Citizenship Law Mean?". The New York Times. 13 December 2019. ISSN 0362-4331. Archived from the original on 19 December 2019.
  23. ^ "Is India's claim about minorities true?". 12 December 2019.
  24. ^ Samuel, Sigal (12 December 2019). "India just redefined its citizenship criteria to exclude Muslims". Vox.
  25. ^ Saha, Abhishek (20 January 2019). "Explained: Why Assam, Northeast are angry". The Indian Express.
  26. ^ Cite error: The named reference ndtvassam was invoked but never defined (see the help page).
  27. ^ Gollom, Mark (17 December 2019). "Why India's controversial citizenship law has sparked violent protests". CBC News.
  28. ^ Pokharel, Krishna (17 December 2019). "India Citizenship Protests Spread to Muslim Area of Capital". The Wall Street Journal. Archived from the original on 23 December 2019.
  29. ^ Ellis-Petersen, Hannah (17 December 2019). "India protests: students condemn 'barbaric' police". The Guardian. ISSN 0261-3077.
  30. ^ Nath, Hemanta Kumar (12 November 2019). "1,000 detained as anti-Citizenship Amendment Bill protests intensify in Assam".
  31. ^ Dutta, Prabhash (19 December 2019). "Violent protests against Citizenship Amendment Act: Who will pay for damages?". India Today.
  32. ^ Cite error: The named reference OutlookMP19Dec was invoked but never defined (see the help page).
  33. ^ "Centre notifies CAA rules ahead of Lok Sabha elections". Moneycontrol. 11 March 2024. Retrieved 11 March 2024.


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