Setting the record straight: Detailed FAQ by MHA busting the false narrative around CAB
New Delhi, Dec 18: There have been wide spread protests after the Parliament cleared the Citizenship (Amendment) Bill. The government has accused the opposition and vested interests of spreading a false narrative regarding the new legislation that gives citizenship rights to persecuted Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan.
In a bid to counter this false narrative that Indian Muslims would be targeted, the Ministry of Home Affairs has released a detailed FAQ to set the record straight.
Here is the full text of the Q&A by the MHA:
Does
the
CAA
affect
any
Indian
citizen?
No,
it
has
absolutely
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
mis-information
campaign.
The
CAA
does
not
affect
any
Indian
citizen,
including
Muslim
citizens.
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Who
does
the
CAA
apply
to?
It
is
relevant
only
for
Hindu,
Sikh,
Jain,
Buddhist,
Parsi
and
Christian
foreigners,
who
have
migrated
from
Pakistan,
Bangladesh
and
Afghanistan
into
India
upto
31.12.2014,
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.
How
does
it
benefit
Hindu,
Sikh,
Jain,
Buddhist,
Parsi
and
Christian
foreigners
hailing
from
these
three
countries?
If
their
travel
documents
like
passport
and
visa
are
not
in
order
or
are
not
available,
they
can
apply
for
Indian
citizenship
if
they
were
persecuted
back
home.
The
CAA
creates
this
legal
right
for
such
migrants.
Secondly,
they
get
faster
route
for
Indian
citizenship
through
the
Naturalisation
Mode.
The
minimum
residency
requirement
in
India
would
be
only
1+5
years
instead
of
1+11
years
as
applicable
for
all
other
categories
of
foreigners.
Does
this
mean
that
Muslims
from
Pakistan,
Bangladesh
and
Afghanistan
can
never
get
Indian
citizenship?
No,
the
present
legal
process
of
acquiring
Indian
citizenship
by
any
foreigner
of
any
category
through
Naturalization
(Section
6
of
the
Citizenship
Act)
or
through
Registration
(Section
5
of
the
Act)
stays
operational.
The
CAA
does
not
amend
or
alter
it
in
any
manner
whatsoever.
Hundreds
of
Muslims
migrating
from
these
three
countries
have
been
granted
Indian
citizenship
during
the
last
few
years.
If
found
eligible,
all
such
future
migrants
shall
also
get
Indian
citizenship,
irrespective
of
their
numbers
or
religion.
In
2014,
after
the
settlement
of
Indo-Bangladesh
boundary
issues,
14,864
Bangladeshi
citizens
were
given
the
Indian
Citizenship
when
their
enclaves
were
incorporated
into
the
territory
of
India.
Thousands
of
these
foreigners
were
Muslims.
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Will
illegal
Muslim
immigrants
from
these
three
countries
be
deported
under
the
CAA?
No,
the
CAA
has
absolutely
nothing
to
do
with
deportation
of
any
foreigner
from
India.
The
deportation
process
of
any
foreigner
irrespective
of
his
religion
or
country
is
implemented
as
per
the
mandate
of
the
Foreigners
Act,
1946
and/or
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.
In Assam, the process of deportation happens only after determination of such a person as a "foreigner" under The Foreigners Act, 1946. Then he becomes liable for deportation. Therefore, there is nothing automatic, mechanical or discriminatory in this exercise. 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 & deport any illegal foreigner.
Can
Hindus
facing
persecution
on
grounds
of
religion
in
countries
other
than
these
3
countries
apply
under
the
CAA?
No,
they
will
have
to
apply
through
the
usual
process
to
get
Indian
Citizenship
just
like
any
other
foreigner
for
either
registration
or
naturalization
as
a
citizen
of
India.
They
would
get
no
preference
under
The
Citizenship
Act,
1955,
even
after
the
CAA.
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Does
the
CAA
also
cover
other
forms
of
persecution
-
on
grounds
of
race,
gender,
membership
of
a
political
or
social
group,
language,
ethnicity
etc.?
No,
the
CAA
is
a
very
focused
law
which
deals
specifically
with
foreigners
of
six
minority
community
groups
hailing
from
three
neighbouring
countries
which
have
their
distinct
state
religion.
Any
foreigner
persecuted
abroad
on
any
account
may
apply
for
registration
or
naturalization
as
a
citizen
of
India
like
any
other
foreigner
if
he
fulfills
the
minimum
qualifications
laid
down
in
The
Citizenship
Act,
1955.
The
CAA
will
gradually
exclude
Indian
Muslims
from
the
citizenship
of
India?
The
CAA
does
not
apply
to
any
Indian
citizen
at
all.
All
Indian
citizens
enjoy
the
fundamental
rights
guaranteed
by
the
Constitution
of
India.
CAA
is
not
meant
to
deprive
any
Indian
citizen
of
his
citizenship.
Rather
it
is
a
special
law
to
enable
certain
foreigners
facing
a
particular
situation
in
three
neighboring
countries
to
get
Indian
citizenship.
CAA
will
be
followed
by
NRC
and
all
migrants
except
Muslims
will
be
given
citizenship
and
Muslims
will
be
sent
to
detention
camps?
The
CAA
has
nothing
to
do
with
NRC.
The
legal
provisions
regarding
NRC
have
been
part
of
The
Citizenship
Act,
1955
since
December,
2004.
Also,
there
are
specific
statutory
rules
of
2003
to
operationalise
these
legal
provisions.
They
govern
the
process
of
registration
of
Indian
citizens
and
issuance
of
national
identity
cards
to
them.
These
legal
provisions
have
been
on
the
statute
books
since
last
15-16
years.
The
CAA
has
not
altered
them
in
any
way
whatsoever.
What
are
the
rules
for
citizenship
under
CAA?
Appropriate
rules
under
the
CAA
are
being
framed.
They
will
operationalise
various
provisions
of
the
CAA.