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#CAA Made Easy
#CAA Made Easy
#CAA Made Easy
• 1947: India opted to be a
democratic, secular and
pluralist republic
• Pakistan opted to be an
Islamic Republic
• Between 10–12 million
people displaced during
India’s Partition on
religious lines
• Nehru-Liaquat pact of
April 8, 1950 is backdrop
of CAA
The pact’s four main
concerns related to:
• Allowing refugees to return
unmolested to dispose of
their property
• Returning of abducted
women and looted
property
• Derecognizing forced
conversions
• Confirming minority rights
Historical perspective
Nehru-Liaquat pact
of April 8, 1950 is
backdrop of CAA
#CAA Made Easy
Background
Citizenship Act of 1950 first amended in 1985
after massive movement in Assam in 1980’s.
Also amended in 1992, 2003, 2005 and 2015.
In 1980’s - Prime Minister Rajiv Gandhi agreed
✓ To identify foreign citizens
✓ Move them from electoral roles
✓ Expel them from the country
In Dec 2003 BJP passed CAA; added term
“illegal immigrants”.
#CAA Made Easy
• CAA recognises, regularises victims of past
genocides / discrimination in the sub-
continent
• Eligibility for citizenship reduced from
12 years reduced to 7 years to be eligible
• Provides for speedy citizenship access [despite
being in India for decades, do not enjoy any rights or
possess any documents to be certified as Indian
citizens]
• Beneficiaries are target of maximum
persecution needing support.
Historical background
CAA beneficiaries
Hindus 25,447
Sikhs 5,807
Christians 55
Buddhists 2
Parsis 2
#CAA Made Easy
WHO?
✓ Religiously persecuted
✓ Many are Dalits
✓ Entered India before Dec’ 31, 2014
✓ Entered without valid visa or
documents
✓ In India for more than 12 years
✓ No rights or documents certifying
as Indian citizens
#CAA Made Easy
Will other immigrants get
citizenship?
• Under Citizenship Act under Naturalization:
Section 6; / through Registration - Section 5
any foreigner/ any category can apply
• If eligible, will get Indian citizenship,
irrespective of numbers or religion
Indian citizenship granted
in last 6 years
Pakistanis 2838
Afghans 914
Bangladeshis 172
Will other immigrants get Indian
citizenship?
•14,864 Bangladeshi citizens in
2014 were given Indian citizenship
• After settlement of Indo-
Bangladesh boundary issues,
when their enclaves were
incorporated into the territory of
India
Does it affect any other citizens
in India?
• No, it does not
• No legal citizen of India of any religion
is affected
• All citizens enjoy fundamental rights
conferred by Indian Constitution
• Does not take them away any rights
Will CAA gradually exclude Indian
Muslims from citizenship of India?
• Applicable only to “Illegal
immigrants
• No Indian citizen or Indian
Muslims will be affected.
Why are only minorities from
Afghanistan, Pakistan and
Bangladesh covered and Muslims
exempted?
• Minorities faced/facing
persecution in these Islamic
majority countries
• India considers it moral obligation
to provide shelter
Will illegal Muslim immigrants from
these three countries be deported
under CAA?
• No role for CAA in deporting illegal
immigrants
• The Foreigners Act, 1946 and/or The
Passport (Entry into India) Act, 1920
govern entry, stay movement within India
and exit from India of all foreigners
whatever be their religion or country
• Usual deportation process applies to any
illegal foreigner staying in India
Can Hindus facing religious persecution
other than Pakistan, Bangladesh, and
Afghanistan apply under the CAA?
• No, Hindus from other countries will not get any
preference under The Citizenship Act, 1955
• Need to apply through regular registration or
naturalization process for citizenship
• Need to meet minimum qualifications laid down in
Citizenship Act, 1955
Does CAA cover other forms of
persecution viz., race, gender,
membership of a political or social
group, language, ethnicity etc.?
• No, it does not
• CAA is specific to six minority
community groups from Pakistan,
Bangladesh, and Afghanistan - all of
which have their distinct state religion
If CAA is about people facing persecution,
why are Hindu migrants from Sri Lanka
not covered?
• Sri Lankan Tamil Hindus were given
citizenship in the 1970’s and 1980’s
• CAA is a time-bound relief measure to those
who were in India but suffered during
division on religious lines
If CAA is about people facing persecution,
why are Muslim Rohingya from Myanmar
not covered?
Myanmar comes under UNHCR mandate that:
• Assesses each individual asylum claim
• Issues ID card to ones recognised as refugees
• Biometric data collected for registration
• Interviewed by a UNHCR officer
• Currently these refugees, including Rohingya,
with UNHCR IDs can apply for a "long-term visa",
and granted on a case by case basis.
•
Muslims like Ahmediya’s and
Shias are persecuted in Pakistan.
Why not allow them?
•No reports of Ahmediya’s or
Shia’s in Indian refugee camps
or other places in India
243,821
Refugees /
Asylum Seekers
Registered with
UNHCR
As of Dec 31,
2019
What are the rules for citizenship
under CAA?
•Framing of rules in process
Thanks
February 02, 2020
kprasadbharat@gmail.com
opdroid1234@gmail.com

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Citizenship Amendment Act India made easy Feb 14 2020

  • 1.
  • 3. #CAA Made Easy • 1947: India opted to be a democratic, secular and pluralist republic • Pakistan opted to be an Islamic Republic • Between 10–12 million people displaced during India’s Partition on religious lines • Nehru-Liaquat pact of April 8, 1950 is backdrop of CAA The pact’s four main concerns related to: • Allowing refugees to return unmolested to dispose of their property • Returning of abducted women and looted property • Derecognizing forced conversions • Confirming minority rights Historical perspective Nehru-Liaquat pact of April 8, 1950 is backdrop of CAA
  • 4. #CAA Made Easy Background Citizenship Act of 1950 first amended in 1985 after massive movement in Assam in 1980’s. Also amended in 1992, 2003, 2005 and 2015. In 1980’s - Prime Minister Rajiv Gandhi agreed ✓ To identify foreign citizens ✓ Move them from electoral roles ✓ Expel them from the country In Dec 2003 BJP passed CAA; added term “illegal immigrants”.
  • 5. #CAA Made Easy • CAA recognises, regularises victims of past genocides / discrimination in the sub- continent • Eligibility for citizenship reduced from 12 years reduced to 7 years to be eligible • Provides for speedy citizenship access [despite being in India for decades, do not enjoy any rights or possess any documents to be certified as Indian citizens] • Beneficiaries are target of maximum persecution needing support. Historical background
  • 6. CAA beneficiaries Hindus 25,447 Sikhs 5,807 Christians 55 Buddhists 2 Parsis 2 #CAA Made Easy WHO? ✓ Religiously persecuted ✓ Many are Dalits ✓ Entered India before Dec’ 31, 2014 ✓ Entered without valid visa or documents ✓ In India for more than 12 years ✓ No rights or documents certifying as Indian citizens
  • 8. Will other immigrants get citizenship? • Under Citizenship Act under Naturalization: Section 6; / through Registration - Section 5 any foreigner/ any category can apply • If eligible, will get Indian citizenship, irrespective of numbers or religion Indian citizenship granted in last 6 years Pakistanis 2838 Afghans 914 Bangladeshis 172
  • 9. Will other immigrants get Indian citizenship? •14,864 Bangladeshi citizens in 2014 were given Indian citizenship • After settlement of Indo- Bangladesh boundary issues, when their enclaves were incorporated into the territory of India
  • 10.
  • 11. Does it affect any other citizens in India? • No, it does not • No legal citizen of India of any religion is affected • All citizens enjoy fundamental rights conferred by Indian Constitution • Does not take them away any rights
  • 12. Will CAA gradually exclude Indian Muslims from citizenship of India? • Applicable only to “Illegal immigrants • No Indian citizen or Indian Muslims will be affected.
  • 13. Why are only minorities from Afghanistan, Pakistan and Bangladesh covered and Muslims exempted? • Minorities faced/facing persecution in these Islamic majority countries • India considers it moral obligation to provide shelter
  • 14. Will illegal Muslim immigrants from these three countries be deported under CAA? • No role for CAA in deporting illegal immigrants • The Foreigners Act, 1946 and/or The Passport (Entry into India) Act, 1920 govern entry, stay movement within India and exit from India of all foreigners whatever be their religion or country • Usual deportation process applies to any illegal foreigner staying in India
  • 15. Can Hindus facing religious persecution other than Pakistan, Bangladesh, and Afghanistan apply under the CAA? • No, Hindus from other countries will not get any preference under The Citizenship Act, 1955 • Need to apply through regular registration or naturalization process for citizenship • Need to meet minimum qualifications laid down in Citizenship Act, 1955
  • 16. Does CAA cover other forms of persecution viz., race, gender, membership of a political or social group, language, ethnicity etc.? • No, it does not • CAA is specific to six minority community groups from Pakistan, Bangladesh, and Afghanistan - all of which have their distinct state religion
  • 17. If CAA is about people facing persecution, why are Hindu migrants from Sri Lanka not covered? • Sri Lankan Tamil Hindus were given citizenship in the 1970’s and 1980’s • CAA is a time-bound relief measure to those who were in India but suffered during division on religious lines
  • 18. If CAA is about people facing persecution, why are Muslim Rohingya from Myanmar not covered? Myanmar comes under UNHCR mandate that: • Assesses each individual asylum claim • Issues ID card to ones recognised as refugees • Biometric data collected for registration • Interviewed by a UNHCR officer • Currently these refugees, including Rohingya, with UNHCR IDs can apply for a "long-term visa", and granted on a case by case basis. •
  • 19. Muslims like Ahmediya’s and Shias are persecuted in Pakistan. Why not allow them? •No reports of Ahmediya’s or Shia’s in Indian refugee camps or other places in India
  • 20. 243,821 Refugees / Asylum Seekers Registered with UNHCR As of Dec 31, 2019
  • 21. What are the rules for citizenship under CAA? •Framing of rules in process