CAA rules explained: How to apply for citizenship? Who are included and excluded? Here is all you need to know

Just before the Lok Sabha polls, Ministry of Home Affairs notified the Citizenship Amendment Rules under the Citizen Amendment Act (CAA), enabling minorities facing religious persecution in Pakistan, Bangladesh, and Afghanistan to obtain Indian citizenship. An online system for application, processing & grant of citizenship under CAA is being explored by home ministry.

Just before the Lok Sabha polls, Ministry of Home Affairs on Monday notified the Citizenship Amendment Rules under the Citizenship Amendment Act (CAA). Based on the rules, minorities facing persecution on religious grounds in Pakistan, Bangladesh, and Afghanistan will be able to obtain Indian citizenship. Along with this, the rule will grant of citizenship to citizens of Pakistan, Bangladesh and Afghanistan belonging to Hindu, Sikh, Jain, Christian, Buddhist & Parsi communities, who had migrated to India on (or) before December 31, 2014.

The Home Ministry led by Amit Shah has launched a new portal for individuals seeking Indian citizenship under CAA.

• Pakistan
• Afghanistan
• Bangladesh

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

5. Any individual who has resided in India throughout the period of 12 month simmediately before making an application for registration or been in the country during the 8 years immediately preceding the said period of 12 months for a period of not less than 6 years.
6. The individual has adequate knowledge of a language specified in the Eighth Schedule to the Constitution.

• An affidavit verifying the accuracy of the statements made in the application along with an affidavit from an Indian citizen testifying the character of the applicant
• A declaration from the applicant that he has adequate knowledge of one of the languages as specified in the Eighth Schedule to the Constitution

Character, language are some of the other criteria that are required for getting citizenship under the newly notified rules. The application process for citizenship by naturalization, as outlined in Form VIIIA, requires the completion of several key steps and submission of specific documentation.

• A copy of any one of the document in Schedule 1A ( Annexure – 1)
• A copy of any one of the document in Schedule 1B ( Annexure – 2)
• An Affidavit in format as in Schedule 1C ( Annexure – 3)
• A copy of the valid or expired Foreign Passport, If available
• A copy of the valid or expired Residential Permit, If available
• Evidence of the date of birth of the parents viz. a copy of the passport or birth certificate. (In case of non-availability of passport of mother/father, birth certificate of the applicant clearly indicating the name, address and nationality of mother/father)

What is the process of application submission?
Under section 6B of the Citizenship Act, 1955, individuals seeking registration or naturalization must follow the following process:
Submission of Application: Applications should be submitted electronically by the applicant to the Empowered Committee through the District Level Committee designated by the Central Government
Acknowledgment: Upon submission, an acknowledgment in Form IX is electronically generated.
Document Verification: Led by a Designated Officer, the District Level Committee verifies the documents submitted along with the application.
Oath of Allegiance: The Designated Officer administers the oath of allegiance specified in the Second Schedule to the Citizenship Act, 1955, to the applicant. The signed oath, along with confirmation of document verification, is forwarded electronically to the Empowered Committee.
Refusal Consideration: The selected committee has the power to reject the application if an applicant fails to appear in person despite reasonable opportunities.
Renunciation Declaration: Every application includes a declaration by the applicant renouncing their citizenship of their current country, irrevocably and without future claim.

What is the status of petitions filed challenging constitutional validity of CAA?
Several petitions have been filed challenging the constitutional validity of the Citizenship (Amendment) Act, 2019, including by RJD leader Manoj Jha, Trinamool Congress MP Mahua Moitra and AIMIM leader Asaduddin Owaisi.

Muslim body Jamiat Ulama-i-Hind, All Assam Students Union (AASU), Peace Party, CPI, NGOs 'Rihai Manch' and Citizens Against Hate, advocate M L Sharma, and law students have also approached the top court. The top court has issued notice to the Centre and sought its response by the second week of January on a batch of pleas challenging the CAA.

Here are the areas where CAA does not apply:
The amendments introduced by CAA do not apply to areas covered by the Constitution’s sixth schedule. These are the autonomous tribal-dominated regions in Assam, Meghalaya, Tripura, and Mizoram. This means migrants belonging to the identified communities from Afghanistan, Bangladesh, and Pakistan based on religion can’t be given Indian citizenship if they are residents in these areas. CAA also does not apply to states with an inner-line permit (ILP) regime — primarily in North-East India.

(With ToI inputs)