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Polity

Unpacking the CAA Rules

  • The long-awaited Citizenship Amendment Act (CAA) has been put into action by the Centre, signalling a fundamental shift in India’s legislative landscape.
  • The CAA, enacted in December 2019, proposes to provide citizenship to some migrants from neighbouring countries, prompting national debate and issues. 

New Citizenship Law: Eligibility and Required Documents

  • Beneficiaries: The CAA primarily assists Hindu, Sikh, Buddhist, Jain, Parsi, and Christian migrants from Pakistan, Bangladesh, and Afghanistan who came to India before December 31, 2014.
  • Documentation: Applicants must submit proof of their country of origin, religion, date of arrival in India, and knowledge of an Indian language.
  • Birth certificates, educational institution certificates, identity documents, licences, certifications, and any other document issued by Pakistan, Bangladesh, or Afghanistan are all acceptable proof of country of origin.
  • Establishing the Date of Entry: Applicants can show their entry date with a variety of papers such as visas, residential permits, census slips, driver’s licences, Aadhaar cards, ration cards, or any letter given by the government or court.
  • Generational Proof: Applicants can also produce documentation establishing familial ties to certain nations, such as ancestry, which broadens the eligibility criteria.

Application Processing Mechanism

[A] Empowered Committees

  • The Empowered Committee’s role is to oversee the entire process, from receipt to processing of applications. It guarantees that all procedures are followed correctly and efficiently.
  • Membership: The Empowered Committee is chaired by a Director (Census Operations) and includes representatives from various government agencies such as the Subsidiary Intelligence Bureau, the Foreigners’ Regional Registration Office (FRRO), the National Informatics Centre (NIC), and the Postmaster General.
  • The committee members’ responsibilities include checking the authenticity of documents presented by applicants, performing background checks, and making final decisions on citizenship petitions.

[B] District Level Committees (DLC)

  • The District Informatics Officer or District Informatics Assistant, as well as a central government nominee, make up the DLC.
  • Functions: DLCs are the first point of contact for applicants, receiving their submissions and verifying they are complete and accurate before sending them to the Empowered Committee for further processing.
  • Oversight: While DLCs manage the initial phases of application processing, they are overseen and guided by the Empowered Committee. This hierarchical structure ensures that decisions are made uniformly and consistently across regions.

[C] Electronic Submission and Processing

  • To streamline processes and reduce paperwork, the application procedure is carried out electronically. Applicants submit papers and applications through a government-managed internet portal.
  • Efficiency: Electronic submission allows for speedier processing times while lowering the possibility of errors associated with manual data entry. It also allows for real-time tracking of application status, ensuring transparency for applicants throughout the process.
  • Data Security: The government takes strong cybersecurity measures to protect the sensitive information given by applicants. Encryption techniques and secure servers provide data integrity and secrecy.

Conclusion

  • The implementation of the CAA represents a substantial policy shift aimed at alleviating the condition of persecuted minorities in adjacent nations.
  • While the laws have provoked debate and opposition, they also demonstrate India’s commitment to humanitarian ideals and providing shelter to those in need.
  • To respect the principles of justice and inclusivity, the citizenship application process must be transparent, fair, and follow legal regulations. 
Source: https://indianexpress.com/article/explained/explained-law/caa-rules-eligibility-minorities-refugees-9210464/#:~:text=Under%20the%20CAA%20Rules%2C%20immigrants,to%20apply%20for%20Indian%20citizenship.

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