A self-declaration affidavit, an eligibility certificate issued by a local community institution, proof of entry from Bangladesh, Afghanistan, or Pakistan prior to December 31, 2014, and their nationality are the broader requirements required to obtain Indian citizenship, as per the Citizenship (Amendment) Act (CAA) notification released on Monday.
The Ministry of Home Affairs (MHA) has provided non-Muslim refugees from the three neighbouring countries with comprehensive instructions on how to gain Indian citizenship through either the naturalization or registration process in a 39-page paper.
After the CAA was passed by Parliament on December 11, 2019, there were waves of protests throughout the nation, including one at Shaheen Bagh in Delhi, because religion was now, for the first time, made a requirement for Indian citizenship.
Some protesters in Delhi and Guwahati got violent because of concerns that the CAA might be used to attack religious minorities.
The opposition parties have labeled the CAA as discriminatory and a violation of the Constitution, despite the Narendra Modi government’s insistence that the law does not strip any Indian of their citizenship.
Opposition politicians such as Mamata Banerjee, Jairam Ramesh, and Asaduddin Owaisi criticized the CAA’s implementation on Monday as well, just ahead of the Lok Sabha Election 2024.
CAA documents
The applicants must provide one of the nine documents listed by the MHA under Schedule 1A of the CAA to prove their nationality as citizens of Bangladesh, Afghanistan, or Pakistan.
These documents include copies of passports, birth certificates from government agencies, identity documents of any kind, certificates or licenses issued by the government, land or tenancy records from their home countries, documents proving their parents, grandparents, or great-grandparents were citizens of the nation, and any other document issued by the government proving they had come from the three countries along with the citizenship forms before the competent authority.
According to the MHA’s announcement, people can also demonstrate their nationality by presenting a registration certificate or residential permit granted by the Foreigners Registration Officer (FRO) or Foreigners Regional Registration Officer (FRRO) of India.
In order to facilitate immigration, the ministry said that documents pertaining to nationality that have either expired or are about to expire would be accepted regardless of how long they remain valid.
MHA forms CAA committees
In accordance with Section 6B of the Citizenship (Amendment) Act (CAA), the MHA has designated an empowered committee, consisting of two members and two invitees each at the state level and two members and two invitees each at the district level, as the competent authority to confer citizenship by registration or naturalization.
Five representatives from the Center and one representative from each state or union territory would make up the empowered committee at the state level.
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The MHA went on to say that the papers, along with the applicant’s declaration and verification report, would be forwarded to the state-level empowered panel by the district-level committee once it had verified the documents submitted by the applicants.
After that, the committee with authority would issue citizenship based on naturalization or registration and keep data that the MHA and security agencies could access. The MHA also gave the committee the authority to investigate any applicant’s eligibility, including requesting an online report from the security agency.
Entry proof
The MHA has specified 17 documents in the next schedule 1B that applicants must provide to demonstrate that they arrived in India on or before December 31, 2014.
A copy of their visa and immigration stamp from the time of their arrival in India, as well as government-issued documents and licenses like their driving license and Aadhaar, any time-stamped letters from courts or governments, the applicant’s ration card, their birth certificate issued in India, their land or tenancy certificate, their PAN document indicating the date of card issue, insurance policies, marriage certificates, and school leaving certificates are among the documents.
Declaration and eligibility certificate
In addition to providing documentation confirming their nationality and the dates of their entry into India, applicants must also submit a “eligibility certificate” given by a reputable community organization in the area, together with a declaration in the manner specified by the MHA in the gazette.
Applicants must provide a detailed address of their current residence at the time of their citizenship application, as well as their previous address in their country of origin, as part of the declaration procedure.
They would also have to confirm the date of their entry into India and identify themselves according to their religion. A Judicial Magistrate, an Executive Magistrate, an Oath Commissioner, or a Notary Public must attest to this affidavit.
Applicants must be Indian nationals who are members of well-known community institutions in their area, and they must be able to prove their identity and nationality through proof of religion and nationality. It further said that citizenship would be awarded retroactively from the day of their entry into India.
