Citizenship Amendment Act (CAA) Rules Explained – From Eligibility to Obtaining Citizenship

Citizenship Amendment Act (CAA) Rules Explained – From Eligibility to Obtaining Citizenship

After a wait of over four years, the long-awaited rules for the Citizenship Amendment Act (CAA), 2019, have finally been put into effect by the Central Government. This significant move, made on March 11, marks the implementation of the CAA across the entire country.

Understanding the rules and regulations outlined in the CAA Act is crucial for those seeking Indian citizenship. Here’s a breakdown of the key aspects covered in the CAA rules:

Who can apply for citizenship under CAA 2019?

The Citizenship Amendment Act, 2019, allows members of six minority communities from Pakistan, Afghanistan, and Bangladesh to obtain Indian citizenship at an accelerated pace.

Those eligible for citizenship under this act are individuals who migrated to India before December 31, 2014, due to religious persecution, belonging to six specific religious minorities:

  • Hindu
  • Sikh
  • Buddhist
  • Jain
  • Parsi
  • Christian

Eligibility for Citizenship under Section 6B:

  • Individuals of Indian origin.
  • Individuals married to Indian citizens.
  • Minor children of Indian citizens.
  • Individuals whose parents are registered Indian citizens.
  • Individuals or their parents who were citizens of Independent India.
  • Individuals registered as Overseas Citizen of India Cardholders.

Special documents required with the citizenship application include:

  • An affidavit confirming the applicant’s character, to be provided by an Indian citizen.
  • Proficiency in one of the languages listed in the Eighth Schedule of the Constitution.

When applying for citizenship from Afghanistan, Bangladesh, or Pakistan, applicants must provide specific documents to prove their nationality:

  • Passport issued by the government of Afghanistan, Bangladesh, or Pakistan.
  • Registration certificate or residential permit issued by Indian authorities.
  • Birth certificate from the applicant’s home country.
  • Educational certificates from institutions in Afghanistan, Bangladesh, or Pakistan.
  • Identity documents issued by the respective government authorities.
  • Land or tenancy records.
  • Any documents indicating the applicant’s family’s previous nationality.
  • Other documents issued by government authorities in Afghanistan, Bangladesh, or Pakistan to establish nationality.

It’s worth noting that these documents remain valid even beyond their expiration date, as per the notified rules.

The Process of Applying for Citizenship under CAA:

  1. Submission of Application: Applicants must submit their application electronically to the Empowered Committee through the designated District Level Committee.
  2. Document Verification: The District Level Committee verifies the submitted documents.
  3. Oath of Allegiance: Applicants take an oath of allegiance administered by the Designated Officer.
  4. Non-Appearance of Applicant: If the applicant fails to appear despite opportunities, the District-Level Committee forwards the application to the Empowered Committee for consideration of refusal.
  5. Scrutiny by Empowered Committee: The Empowered Committee ensures the application’s completeness and verifies the applicant’s eligibility.
  6. Grant of Citizenship: Upon satisfaction with the application, the Empowered Committee may grant citizenship through registration or naturalization.

The implementation of the CAA rules streamlines the process for eligible individuals seeking Indian citizenship. With clear guidelines in place, those affected by religious persecution in neighboring countries now have a pathway to formalize their status in India.