The Indian government has released the notification for the Citizenship Amendment Act 2024, just before the Lok Sabha elections. The amendment allows refugees from neighbouring countries like Pakistan, Bangladesh, and Afghanistan, belonging to minority communities (Hindu, Sikh, Buddhist, Jain, Parsi, and Christian), to apply for Indian citizenship online.
What is the Citizenship Amendment Act 2019?
The Citizenship Amendment Act, 2019, was approved by the Parliament on December 11, 2019.
This law changed the Citizenship Act of 1955 to provide Indian citizenship to religious minorities like Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians who had escaped from Muslim-majority countries such as Pakistan, Bangladesh, and Afghanistan before December 2014 due to religious persecution or the fear of it.
According to the 2019 CAA, migrants who entered India before December 31, 2014, and faced religious persecution in their home country became eligible for Indian citizenship. They would be granted citizenship in a faster process, taking six years.
The amendment also reduced the required time for these migrants to live in India before becoming eligible for citizenship from 11 years to 5 years. Top of Form
Eligibility: Who can apply for Citizenship
• An individual of Indian origin seeking registration as a citizen of India
• An individual married to a citizen of India
• An application from a minor child of an Indian citizen
• An individual whose parents are registered as citizens of India
• An application from individual who or either of their parents was a citizen of Independent India
• An individual who is registered as an Overseas Citizen of India Cardholder
Details of Documentation:
- Verification of Origin: Applicants need to prove their residency in Pakistan, Bangladesh, or Afghanistan. This can be supported by documents such as passports, birth certificates, educational certificates, government-issued documents, or land-related papers.
- Verification in India: Registration officers in India, including Foreigners Regional Registration Officers (FRRO) or Foreigners Registration Officers (FRO), can accept documents issued by the Indian government. Additionally, census records will be considered as evidence.
- Application Process: The application process will be conducted online. District committees will review the applications and forward them to empowered committees for further assessment.
- No Citizenship Revocation: The amended rules do not provide provisions for revoking citizenship once granted.
- Muslim Community Concerns: Muslims are excluded from the amendment, leading to concerns about perceived discrimination.
Document to be attached for Citizenship by naturalization
The application process for citizenship by naturalization, as outlined in Form VIIIA, requires the completion of several key steps and the submission of specific documentation:
• Form VIIIA Submission: The applicant submits Form VIIIA, which includes all necessary personal details and information required for the naturalization process.
• Affidavit Verification: The applicant must provide an affidavit verifying the accuracy of the statements made in the application. This affidavit serves to ensure the truthfulness of the provided information.
• Character Affidavit: Additionally, the applicant must furnish an affidavit from an Indian citizen attesting to the applicant’s character. This affidavit acts as a testament to the applicant’s reputation and conduct.
• Language Declaration: The applicant is required to declare that they possess adequate knowledge of one of the languages specified in the Eighth Schedule to the Constitution of India. This declaration confirms the applicant’s linguistic proficiency, a crucial aspect of integration into Indian society.
Process for application submission
Under section 6B of the Citizenship Act, 1955, individuals seeking registration or naturalization must follow a specific application process:
• Submission of Application: Applicants are required to submit their applications electronically to the Empowered Committee. This should be done through the District Level Committee designated by the Central Government.
• Acknowledgment: Upon submission, an acknowledgement in Form IX is electronically generated.
• Document Verification: The District Level Committee, led by a Designated Officer, verifies the documents submitted along with the application.
• Oath of Allegiance: The Designated Officer administers the oath of allegiance specified in the Second Schedule to the Citizenship Act, 1955, to the applicant. The signed oath, along with confirmation of document verification, is forwarded electronically to the Empowered Committee.
• Refusal Consideration: If an applicant fails to appear in person despite reasonable opportunities, the District Level Committee forwards the application to the Empowered Committee for consideration of refusal.
• Renunciation Declaration: Every application includes a declaration by the applicant renouncing their citizenship of their current country, irrevocably and without future claim.
• Required Documents: Each application must be accompanied by copies of documents specified in Schedule IA and IB, as well as an affidavit in the format specified in Schedule IC.
Conclusion:
While the government aims to provide citizenship to persecuted minorities, the amendment has sparked debates and concerns, especially among the Muslim community. The political implications and reactions from various states remain noteworthy.
