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India’s New Citizenship Rules Offer Path to Minorities from Neighboring Countries

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The Citizenship (Amendment) Act, 2019 (CAA), rules unveiled on Monday have opened avenues for Hindu, Sikh, Buddhist, Jain, Parsi, or Christian individuals from Pakistan, Bangladesh, and Afghanistan to pursue Indian citizenship without the requirement of presenting a valid passport from these countries or an Indian visa. These regulations, which facilitate the implementation of the CAA, emphasize that “any document” demonstrating ancestral ties to one of these countries, such as parents, grandparents, or even great-grandparents, suffices to establish nationality. Moreover, a certificate issued by an elected member of a local body can now replace the need for a visa.

Read: Smriti Irani Accuses Mamata Banerjee of Vote Bank Politics over CAA

This notification by the Centre streamlines the process of granting Indian citizenship to individuals from these communities, aligning with the legislative intent outlined in the December 2019 law. This move is expected to benefit numerous non-Muslim migrants from these nations who have been residing in India, either unlawfully or on extended visas.

In response to the announcement, Home Minister Amit Shah hailed the development on ‘X,’ highlighting the significance of enabling minorities facing religious persecution in Pakistan, Bangladesh, and Afghanistan to acquire Indian citizenship. Shah emphasized that this initiative fulfills the commitment made to Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians residing in these countries, as envisioned by the Constitution’s framers.

While the CAA has triggered nationwide protests, particularly in conjunction with the government’s proposed nationwide National Register of Citizen (NRC) enumeration, the recent rules have modified the process in a manner that minimizes the role of state governments in the citizenship grant process. These amendments are aimed at addressing potential opposition from states opposed to the legislation, potentially hindering its implementation.

Previously, citizenship applications were submitted to the district collector under state government jurisdiction. The new regulations introduce an empowered committee and district-level committee established by the Centre to receive and process applications, which must be submitted electronically. The empowered committee, led by a director of census operations, with members from various agencies, is tasked with scrutinizing and granting or rejecting citizenship applications. Additionally, every individual registered as an Indian citizen under the new law will receive a digital certificate signed by the empowered committee chairman, affirming their citizenship status.

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