Citizenship not automatic under CAA, says MHA

Tribune News Service

New Delhi, December 16

After Home Minister Amit Shah indicated accommodation of concerns of northeastern states, the Ministry of Home Affairs (MHA) today claimed no refugees belonging to Hindu and other five communities coming from Pakistan, Bangladesh and Afghanistan will be given Indian citizenship automatically, and will be eligible only after fulfilling the necessary criteria for which rules are being framed.

The MHA clarification on the amended Citizenship Act came amid protests in the national capital by students of Jamia Millia Islamia and universities across the country against the legislation.

Meanwhile, the Centre has sent an advisory to states and UTs to take action against circulation of fake news and rumours on social media having the potential to incite violence in view of protests over CAA.

In view of incidents of violence and damage to public property in some parts of the country, the advisory said: “It is imperative that all required measures be taken to contain violence, ensure protection of life and safety of citizens and prevent damage of property.”

A senior MHA official said: “The new Act does not mean all refugees or illegal immigrants get Indian citizenship automatically. They have to apply for citizenship, which will be processed by the competent authority and applicants have to fulfil the required criteria.”

The criteria will be based on the rules, which are being framed by the ministry to operationalise the provisions of the CAA, he added.

According to the Act, members of Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities, who have come from Pakistan, Bangladesh and Afghanistan till December 31, 2014, and are facing religious persecution there will not be treated as illegal immigrants and can get Indian citizenship.

The Act says the refugees of the six communities will be given Indian citizenship after residing in India for five years, instead of 11 earlier.

The Citizenship Act, 1955, provides for acquisition, determination and termination of Indian citizenship. Citizenship of India can be acquired by birth (Section 3), descent (Section 4), registration (Section 5), naturalisation (Section 6) or by incorporation of territory (Section 7).

During the past six years, around 2,830 Pakistan nationals, 912 Afghanistan citizens and 172 Bangladesh nationals have been given Indian citizenship.

Hundreds of them are from majority community of these three countries. Such migrants continue to get Indian citizenship and shall also continue to get it if they fulfil the eligibility conditions already provided in the law for registration or naturalisation, another MHA official said.

As many as 14,864 Bangladesh nationals were also granted Indian citizenship after incorporating more than 50 enclaves of Bangladesh into Indian territory after 2014 agreement between the two countries.

Box

Beneficiaries in 6 years

2,830 from Pakistan

912 from Afghanistan

172 from Bangladesh