CAA: Mainstreaming persecuted migrants into the economy

Historical evidence and the current socio-political conditions provide ample proof that for decades religious minorities such as Hindus, Buddhists, Jains, Sikhs, Christians, Parsis, Ahmadiyya Muslims, Shia Muslims, and ethnic minorities such as Sindhis and Baloch have been regularly persecuted, and treated as second-class citizens in the bordering countries of Pakistan, Bangladesh, Afghanistan.

They have had to face institutionalised and social discrimination because of their faith, widespread restrictions on their religious practices, forced conversions and violence, denial of land and other rights, and the destruction of religious sites, with little hope of any improvement in their conditions.

Today, as the largest democracy in the world, a developing economy with global ambitions, and the sacred homeland of Hinduism, Buddhism, Jainism, and Sikhism, India has now taken upon itself the added responsibility of providing the safety and security of the persecuted minorities in these countries, more seriously than ever before.

Hence, the implementation of the Citizenship Amendment Act (CAA) of 2019, on March 11, 2024, is a progressive step in this direction. It removes the substantial barriers to legal resettlement and citizenship by proposing amnesty for Hindus, Buddhists, Jains, Sikhs, Parsis (Zoroastrian), and Christians who sought shelter in India on or before December 31, 2014, due to religious persecution in their native countries of Afghanistan, Bangladesh, or Pakistan. The effort is to provide refuge to the especially vulnerable communities who have no option of settling in any nation in South Asia other than India.

As India’s Home Minister articulated: “It is well known that those minorities who chose to make Pakistan, Bangladesh, and Afghanistan their home had to constantly live in the fear of extinction.” The inclusion of Christians and Parsis in this list is also important as they too have faced serious human rights violations in India’s three neighbouring countries. It is also the first step for India to create an effective “refugee and asylum policy” that is rooted in the country’s civilizational culture and aligns with the global international human rights agenda.

For these migrants, getting Indian citizenship has also been made easy. According to the CAA Rules, birth or educational institution certificate, “Identity Document of any kind”, “Any Licence or Certificate”, “Land or tenancy records”, or “Any other document” issued by these countries, which proves the applicant was a citizen of that country, would serve as proof of citizenship of these countries.

Similarly, any document that shows that “either of the parents or grandparents or great grandparents of the applicant is or had been a citizen of one of the three countries” is also acceptable. A declaration certifying that the applicant knows one of the languages mentioned in the Eighth Schedule of the Indian Constitution is also acceptable.

To prove that the applicant had arrived in India before January 2015, he or she can provide any of the 20 documents such as a valid visa or residential permit issued by the Foreigners’ Regional Registration Office (FRRO); a driving licence, Aadhaar, ration card, or any letter issued by the Government or a Court; an Indian birth certificate; land or tenancy records; registered rent agreement, etc.

To allay the fears of the Muslim community, the Government also came out with a press statement saying that the CAA would not impact the citizenship of Muslims and has nothing to do with the community which enjoys equal rights as their Hindu counterpart. Moreover, the current law is all about granting citizenship and not about denying citizenship to existing citizens.

The CAA also resolves another major issue. Despite having 195,867 refugees from 15 countries in India, according to 2018 UNHCR data, it lacks a national refugee protection policy and a framework or specific law or mechanism to distinguish between an illegal immigrant and a refugee. This law solves the issue of immigrants to a large extent. (The Times of India)

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