Everything you should know about CAA and NRC

Vijaya Gupta | School of Law, Bennett University | 22nd August 2020

INTRODUCTION

Citizenship signifies the relationship between the person and the country. Each country grants citizenship to a foreigner who is residing in a country for a specific time. Some nations grant dual citizenship and some single citizenship. The citizenship grants permission to the person to live legally in the country. There are various rules and regulations under which a person is granted citizenship of the country he/ she is residing.

       Citizenship in India is under the Union List of Constitution of India. India follows the rule of single citizenship. The Citizenship of India is governed under different laws such as the Citizenship Act, 1955, Foreigners Act, 1946, and  Passport (Entry into India), 1920. Earlier, there were two principles based on which the citizenship was granted: jus soli– based on birth and jus sanguinis-on the basis of blood relations. After the enactment of the Citizenship Act, 1955, a person can apply for Indian citizenship in five ways: by birth, by registration, by descent, by naturalisation and by incorporation of territory in India. There were many amendments made to this law but the Amendment made in 2019 created a new history in the area of law. 

In December 2019, Home Minister Amit presented the Citizenship Amendment Bill, 2019 in the Parliament stating that citizenship will be granted to the illegal migrants who entered India on or before 31^st December 2014. The illegal migrants who were Hindu, Sikhs, Buddhists, Jains, Christians, and Parsis from Muslim majority countries Bangladesh, Pakistan, and faced religious persecution in these three countries will be granted Indian citizenship. Both the Houses of Parliament had passed the Bill and went for the assent of the President. On 12^th December 2019 gave the assent for the Citizenship Amendment Bill, 2019, and turned into a Citizenship Amendment Act, 2019. The amended Act included only the non-Muslim minority people and neglected the Muslim minority people though Muslim is the largest minority group in India.  Amit Shah also announced the application of the National Registry of Citizens (NRC) in the country. The Government of India will maintain the NRC of the country. Amit Shah stated that the deadline for NRC India will be before the 2024 elections. The main aim of the implementation of NRC is to filter out the citizens of India and deport the illegal migrants from the country so that citizens can use resources of India.

NATIONAL UNREST IN INDIA

There was national unrest in the country soon after the enactment of the Citizenship Amendment Act, 2019. The people of India showed unity by protesting against the Government and CAA. People especially the youths came on the streets in cities, towns, and villages for protesting against the law. The citizens believed that the law is unconstitutional and it is violating Article 14 of the Indian Constitution. Many public and private properties were damaged and destroyed, people were injured and some died during these riots. Leaders of various religious communities led many riots and protests in different parts of the country. There were many rallies conducted by the opposition political parties. The tension in the country rose after a few weeks due to the riots, the police officers were also not able to control the riots in the state. The majority of the riots took place in the capital of India. The police officers had to use tear gas to bring the situation under control in many states. The condition was so worse in Delhi that the Government declared an internet shutdown in the Union Territory, many Metro stations were closed in Delhi. Section 144, CrPC was invoked in the Red Fort area to stop the protest against CAA. It was observed that the condition in Delhi was worse than the Emergency in India. The protests continued for a few months, the Delhi police came up with the decision to arrest the anti-CAA activists and file FIR against them. On 14^th December 2019, a group of local women started a protest against CAA in Shaheen Bagh, Delhi. A large number of people joined into this protest within ten days protest increased in 1 km. The protestors included children, parents, mothers, and youths. The sit-in protest continued for many months and was observed as the longest protest in modern India.  

During all the protest, there were many petitions were filed in the Supreme Court challenging the Citizenship Amendment Act, 2019 and stating that it is unconstitutional. In January, the Supreme Court heard more than 140 petitions regarding the matters of the controversial Act. 

MISCONCEPTIONS ABOUT CAA AND NRC

 Many protests and rallies took place after the enactment of the Citizenship Amendment Act, 2019. The law created a fear in the minds of the Indian Muslims that they will be deported from the country. There were many questions and confusion among the Indian citizens regarding CAA, NRC, whether they are related to each other, will affect any Indian citizens, and many other queries. Therefore, the Ministry of Home Affairs released all the answers and cleared all the doubts regarding the law.

• What is Citizenship Amendment Act, 2019 (CAA), and NRC?

All the illegal non-Muslim migrants who are residing in India from three countries Bangladesh, Afghanistan, and Pakistan on or before 31^st December 2014 will be granted Indian citizenship under the new law. 

National Register of Citizens is an official record of the Indian citizens in the country and deport the illegal migrants back to their country. 

• Will Indians be affected by CAA?

None of the Indian citizens will be affected by CAA irrespective of the religion. Indian citizens will enjoy their fundamental rights. 

• Why does CAA include only non-Muslims?

The CAA includes non-Muslims who faced persecution in the three countries viz. Bangladesh, Pakistan, and Afghanistan and entered India without a visa or any other legal document on or before 31^st December 2019. The law does not apply to any other foreigner as well as Muslims from another country.

• Will illegal Muslims will be deported back to their country?

The CAA does not speak about the deportation of any illegal migrants from other countries. The deportation will take place under the two laws Foreigners Act, 1946, and Passport (Entry into India), 1920. CAA only states about granting citizenship to migrants of six religions from the three countries. 

• Can Hindus facing persecutions in other than three countries can apply for citizenship under CAA?

Hindus facing persecutions in other countries except the three countries cannot apply for citizenship under CAA. They have to apply for citizenship with the usual process as per the laws. They will not get preference under the Citizenship Amendment Act, 1955, even after CAA.

• Is there a relation between CAA and NRC?

The Government stated that there is no link between CAA and NRC. NRC is a part of the Citizenship Act, 1955 since December 2004. Also, there are certain specific statutory rules of 2003 to operationalise these legal provisions. They govern the process of registration of Indian citizens and grand them a national identity card.