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OVERVIEW
India, a land of diverse cultures and histories, has always been a container for complex socio-political stories. The Citizenship Amendment Act (“CAA”), passed in December 2019, has added another layer to this multi-layered nation’s ongoing discourse on identity and belonging. CAA provides a path to Indian citizenship for religious minorities from neighbouring countries like Pakistan, Bangladesh, and Afghanistan. Indian migration refers to the movement of people from India to other countries for various reasons like education, work, or better opportunities.
THE BEGINNING OF THE CITIZENSHIP AMENDMENT ACT
The CAA emerged against the backdrop of India’s partition, which led to the largest mass migration in human history. It seeks to provide a pathway to Indian citizenship for mistreated minorities from Afghanistan, Bangladesh, and Pakistan. Specifically, it fast-tracks citizenship for Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians who arrived in India before December 2014.
The Citizenship Amendment Bill was introduced in Parliament on July 15, 2016, as an amendment to the Citizenship Act, 1955. On December 11, 2019, the Rajya Sabha passed the Bill with 125 votes in favour and 99 against. The Bill for the first time allows citizenship based on religion to six communities from Pakistan, Afghanistan and Bangladesh. Subsequently, the then President Ram Nath Kovind gave his assent to the Bill, turning it into an Act.
It defined illegal immigrants as foreigners who enter India without a valid passport or travel documents or stay beyond the permitted time. Illegal immigrants can be deported or jailed. The new bill also amended a provision which says a person must have lived in India or worked for the federal government for at least 11 years before they can apply for citizenship. It also said people holding Overseas Citizen of India (OCI) cards – an immigration status permitting a foreign citizen of Indian origin to live and work in India indefinitely – can lose their status if they violate local laws for major and minor offences and violations.
CONTROVERSIES AND CONTENTIONS
The act has flashed widespread debate and protests across the country. Critics argue that it is discriminatory as it excludes Muslims, thus violating the secular code protected in the Indian Constitution. Proponents, however, contend that it offers much-needed refuge to those facing religious oppression in neighbouring Islamic countries.
MIGRATION PATTERNS: A HISTORICAL PERSPECTIVE
India’s history is complete with waves of migration, both voluntary and forced. The partition saw a departure of Muslims to Pakistan and Bangladesh, while Hindus and Sikhs moved in the opposite direction. The CAA has reignited conversations about these historical migrations and their present-day consequences.
THE DIFFICULTY OF THE STATELESS
The act also intersects with the issue of statelessness, particularly in the context of the National Register of Citizens (“NRC”) in Assam. The NRC aims to document legitimate Indian citizens, but the process has left many without documentation, effectively rendering them stateless. The CAA offers a lifeline to some, but not all, of those affected.
DUAL IDENTITIES IN A GLOBALIZED WORLD
In today’s globalized era, the concept of identity is increasingly liquefied. The Indian displacement is one of the largest in the world displacements which embodies this duality. They direct the complexities of maintaining cultural ties to their homeland while integrating into their adopted countries. The CAA adds another dimension to this dynamic, raising questions about what it means to be Indian.
THE ROAD AHEAD
The implementation of the CAA and its long-term impact on migration and citizenship in India remain to be seen. It has undoubtedly opened a pandora’s box of legal, ethical, and humanitarian concerns. As India continues to contend with these issues, the world watches closely, recognizing that the country’s decisions will have far-reaching consequences for its people and the broader description of human migration. The Citizenship Amendment Act has stimulated a cluster of emotions and debates, reflecting the ongoing struggle to reconcile the dual identities that many Indians hold.
HOW WE CAN HELP ?
- Our firm provides legal representation to individuals facing the challenges of dual identities. This includes advocating for their rights in cases of discrimination or when their status is questioned.
- Our lawyers guide clients through the immigration laws that affect individuals with dual identities, ensuring compliance while protecting their rights.
- Our advocates use strategic litigation to challenge laws and practices that negatively impact individuals with dual identities, creating precedents that benefit these communities.
- Our professionals offer pro bono services to marginalized individuals with dual identities and help them to ensure that their legal needs are met, regardless of their financial situation.
For more information or queries, please email us at
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