CAA does not affect any Indian citizen, including Muslims, clarifies MHA

New Delhi: Amid the scattered protests against the Citizenship Amendment Act (CAA) raging across India, the Ministry of Home Affairs (MHA) on Tuesday released a set of Frequently Asked Questions (FAQs) on the amendment law.

The five-page document answers nine important questions ranging from the reason that Baluchis, Ahmediyas and Rohingyas will not be considered for this kindness, if any Muslims from Pakistan, Afghanistan and Bangladesh can ever get citizenship, and whether CAA will gradually exclude Indian Muslims from Indian citizenship, among others –which opposition parties have always raised questions on the controversial act.

In one hand Ministry of Home Affairs clarified that the new law is relevant only for Hindu, Sikh, Jain, Buddhist, Parsi and Christian foreigners who have migrated/fled from aforesaid countries into India up to December 31, 2014, "on account of persecution faced by them due to their religion. It does not apply to any other foreigners including Muslims migrating to India from any country including these three countries." But at the same time, the ministry also mentioned that Muslims from these three and all other countries can always apply for Indian citizenship and get it if they are eligible.

On why Baluchis, Ahmediyas in Pakistan, Rohingyas in Myanmar not be considered for this kindness

The ministry categorically mentioned that "CAA has not stopped any foreigners of any country from applying for Indian Citizenship under The Citizenship Act, 1955. Baluchis, Ahmediyas and Rohingyas can always apply to become Indian citizens as and when they fulfil the qualifications provided in the relevant sections of The Citizenship Act, 1955."

On the benefits of Hindus, Sikhs, Jains, Buddhists, Parsis and Christians from these three mentioned neighbouring countries

MHA said, "All legal migrants (whose travel documents are complete) including the aforementioned minority communities from three countries were and are and will continue to be eligible to apply for Indian citizenship if they fulfil the qualifications laid down in The Citizenship Act, 1955."

"Only some migrants from the aforesaid communities and countries will benefit from the CAA if they have incomplete or no documents or their documents have expired and they have taken shelter in India because of persecution on grounds of religion up to December 2014. They have been excluded from the definition of "illegal migrants" in The Citizenship Act, 1955. Unlike other foreigners, they are eligible to get citizenship after a total residency period of six years. For other foreigners, this period is 12 years," MHA further mentioned.

On why only these three countries and only religious persecution

"The CAA deals with persecution on religious lines in three neighbouring countries where the Constitution provides for a specific State religion. Followers of other religions have been persecuted in these three countries. The Bill is very focused and provides a remedy for a particular situation in which some foreigners of these six minority communities find themselves," the ministry said.

On the deportation of illegal Muslims immigrants from these three countries under this Law

MHA denied such speculation and said that the amendment law has nothing do with the "automatic deportation." "The deportation process of any foreigner irrespective of his religion or country is implemented as per the mandate of the Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920. These two laws govern entry, stay movement within India and exit from India of all foreigners irrespective of their religion or country. Therefore, the usual deportation process would apply to any illegal foreigner staying in India. It is a well-considered judicial process which is based on a proper enquiry by the local police or administrative authorities to detect an illegal foreigner. It is ensured that such an illegal foreigner has been issued proper travel document by the embassy of his country so that he can be duly received by officials of his country when he is deported."

Besides, the ministry further added that in the case of Assam identified "foreigners" under The Foreigners Act, 1946, were deported. "The state governments and their district-level authorities enjoy the power of Central Govt. under Section 3 of the Foreigners Act and Section 5 of The Passport (Entry into India) Act, 1920 to detect, detain and deport any illegal foreigner," MHA mentioned.

On whether CAA affects Indians (Hindus, Muslims or any other religion)

Maintaining the persistency, MHA emphasised that the new law has nothing to do with any Indian citizen in any way. "The Indian citizens enjoy Fundamental Rights conferred on them by the Constitution of India. No statute including the CAA can abridge or take them away. There has been a misinformation campaign. The CAA does not affect any Indian citizen, including Muslim citizens," it clarified.

On India's obligation to take care of refugees under the UN

The opposition party leaders have raised this question in the Parliament and accused the law "anti-constitutional", claiming that it targets a specific religion. However, MHA claimed that CAA does not shy away from any obligation under the United Nations. "There are more than two lakh Sri Lankan Tamils and Tibetans in India and more than fifteen thousand Afghans, 20-25 thousand Rohingyas and a few thousand other refugees of different nationalities presently live in India. It is expected that someday these refugees will return to their homelands when conditions improve there. India is not a signatory to the UN Convention of 1951 and UN Protocol of 1967 on Refugees. Secondly, India is under no obligation to offer such migrants its citizenship. Each country including India has its own rules for naturalization," the ministry added.

On Sri Lankan Tamils

MHA claimed that 4.61 lakh Tamils of Indian origin after signing PM level agreements signed in 1964 and 1974 have been provided by Indian citizenship so far. Presently, 95000 Sri Lankan Tamils are living in Tamil Nadu on both the central and state government subsidies and grants. They can apply for Indian citizenship whenever they become eligible.

On whether Muslims from these mentioned three countries can get Indian citizenship

The Home Ministry mentioned that Muslims from not only these three but all other countries can always apply for Indian citizenship and get it if they are eligible. The CAA has not stopped any foreigner from any country from taking citizenship of India provided he meets the existing qualifications under the law.

During the last six years, approximately 2830 Pakistani citizens, 912 Afghani citizens and 172 Bangladeshi citizens have been given Indian citizenship. About 14,864 Bangladeshi nationals including many from majority community were also granted Indian citizenship after incorporating more than fifty enclaves of Bangladesh into Indian territory post the boundary agreement between the two countries in 2014. "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 naturalization."