The Centre on March 11 notified the Rules of Citizenship (Amendment) Act, 2019 (CAA) around four and half years after it was enacted thus, operationalising the law. GPlus digs into the making of CAA and its implications for Assam.
GUWAHATI: The Citizenship (Amendment) Act, 2019 (CAA), passed by the Parliament of India on December 11, 2019, stirred widespread debate and protests within the country. The legislation amended the Citizenship Act, 1955, introducing significant changes in the criteria for granting Indian citizenship. The primary focus of the CAA was to provide an expedited pathway to citizenship for persecuted religious minorities from Afghanistan, Bangladesh, and Pakistan who arrived in India by the end of 2014. However, the act faced criticism for its selective approach based on religion, specifically excluding Muslims.
Key Provisions:
- The CAA targeted religious minorities, including Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians, who faced persecution in the mentioned neighbouring countries.
- One of the most controversial aspects of the CAA was its exclusionary nature, as it did not extend the same eligibility to persecuted Muslim communities from the specified countries.
- Migrants meeting the eligibility criteria and having entered India before December 31, 2014, were granted an accelerated path to citizenship. The residence requirement for naturalization was reduced from twelve to six years.
- The CAA marked the first time religion was explicitly used as a criterion for citizenship in Indian law, attracting international criticism. The United Nations High Commissioner for Human Rights deemed the act "fundamentally discriminatory."
Click Here To Join Our WhatsApp Channel
The CAA, which amended the Citizenship Act of 1955, stirred a nationwide discourse, drawing both support and criticism.
- The CAA faced backlash for allegedly discriminating against Muslims, with critics arguing that it violated the secular principles enshrined in the Indian Constitution.
- Critics expressed concerns that when coupled with the National Register of Citizens (NRC), the CAA could lead to rendering many Muslim citizens stateless due to stringent proof requirements.
- Questions were raised about the exclusion of persecuted religious minorities from other regions like Tibet, Sri Lanka, and Myanmar, indicating a potential inconsistency in the application of the law.
- Assam and other northeastern regions witnessed violent demonstrations due to fears that the CAA could result in the loss of political, cultural, and land rights. Protesters in other parts of India criticized the act for its alleged discrimination against Muslims.
To understand the CAA fully, it is crucial to trace the historical evolution of India's citizenship laws. The Indian Constitution initially guaranteed citizenship to all residents without religious distinctions. However, amendments in 1985, 1992, 2003, 2005, and 2015 brought about changes, especially with the introduction of the concept of "illegal immigrants" in 2003.
Also Read: AASU Lines Up Protests As CAA Rules Set To Be Notified
The BJP, leading the Indian government, has long advocated for the rights of persecuted religious minorities. The party's activities and promises, outlined in various election manifestos, laid the groundwork for the CAA. The BJP's commitment to amending citizenship laws became more pronounced in the 2016 and 2019 election campaigns, with a focus on providing a "natural home" for persecuted Hindu refugees.
The execution of the Citizenship (Amendment) Act (CAA) in Assam is deemed to contravene the provisions of the Assam Accord of 1985. According to this accord, anyone, regardless of religious affiliation, entering the state from Bangladesh after March 1971 would be classified as a non-citizen. The Assam Accord was inked with the Rajiv Gandhi government following six years of anti-foreigner protests in the state, resulting in the tragic loss of 860 lives.
Also Read: Cotton University Students Protest Against CAA Implementation
Assam Accord
Historically, various Assamese groups have vehemently opposed migration, particularly from Bangladesh (formerly East Pakistan), viewing it as a demographic threat. The roots of this conflict trace back to the mid-19th century, when British East India Company policies, including the promotion of Bengali in the lower tiers of Assamese bureaucracy, sowed the seeds of discontent. The partition further intensified the issue, leading to a significant influx of migrants into Assam.
However, the focal point of the present conflict revolves around the waves of migration that accompanied the 1971 Indo-Pakistani War. Post-war, numerous Assamese groups began advocating for more stringent citizenship laws, spearheaded by the All Assam Students' Union (AASU). This marked the initiation of the 'Assam Movement,' pushing for amendments to the legislation and a fortified border with Bangladesh.
After six years of persistent agitation, the Union Government yielded to the pressure and, in 1985, signed the Assam Accord with the State of Assam and various organizations. The Accord brought about an amendment to the Citizenship Act, 1955, stipulating the deportation of all individuals entering Assam after March 24, 1971, and mandated the Union to secure Assam's international borders.
While the Accord concluded the prolonged Assam Agitation, it remains a contentious issue within the state, primarily due to its directive to update Assam's National Register of Citizens (NRC). This register catalogues Indian citizens residing in the state and those excluded from the list face detention and potential deportation.
For nearly three decades, the government took minimal steps towards updating the NRC. However, prompted by a plea from Assam Public Works to the Supreme Court, the update process commenced in 2013. Finally, on August 31, 2019, the government released the final list, resulting in the exclusion of over 19 lakh residents.
The aftermath of the new NRC has intensified debates over citizenship in Assam, as evidenced by numerous pending cases before the Supreme Court, involving entities such as Assam Public Works, Assam Sanmilita Mahasangha, All Assam Minority Students Union, among others.
Does CAA contradict the Assam Accord?
In 1985, a significant development occurred when the Centre, State of Assam, AASU, and other parties signed the Assam Accord. This accord was a resolution aimed at addressing the concerns raised during the Assam Movement, focusing on the cultural, educational, and economic development and safeguarding the interests of the Assamese people.
Following the accord, the Union Government introduced Section 6A into the Citizenship Act, 1955. Notably, Section 6A outlined provisions for granting citizenship in the state of Assam to 'illegal' migrants based on specific timelines. Those who arrived prior to January 1966 were eligible for citizenship, while individuals arriving between January 1966 and March 1971 could obtain citizenship after a waiting period of 10 years. However, those who arrived after March 1971 were deemed ineligible for citizenship.
The Citizenship (Amendment) Act (CAA) comprises Sections 2, 3, 5, and 6, collectively providing citizenship to 'illegal' migrants from the specified religions and countries. What distinguishes the CAA is its extension of this provision to migrants who entered the country until December 2014.
The petitioner in this context argued that the CAA contradicts the earlier 'solemn' commitment made to the people of Assam in the Assam Accord, which was codified through Section 6A. This contention is especially significant as Section 6A (8) explicitly states that its provisions take precedence over any other law in force at the time.