CAA and NRC: Features, Impact & Concerns|UPSC Notes

There has been much debate in India on the Citizenship Amendment Act and the NRC. CAA is not the same legislation as that of the NRC dealing with citizenship rights in India. The difference between them is such that the former seeks accelerated citizenship for a few minorities residing in neighborly countries, and the latter deals with the issue of citizenship status for persons dwelling in India. Both policies have attracted much public interest and have instilled fear about their impact on several communities. Major Concerns of CAA and NRC:

• CAA and NRC have been labeled as a policy that can discriminate against some communities.
• Citizenship rights are compromised in the implementation of both laws.
• The process of NRC may harass some people who cannot produce their valid documents.
• For many, CAA and NRC are instruments of discrimination.

Citizenship Amendment Act (CAA)

It happened in 2019; the Indian Parliament passed the act called the Citizenship Amendment Act, or CAA, a concept to provide religious minorities living in the Islamic-dominated countries of India’s neighboring countries with an opportunity to have their citizenship status. Among its provisions, the CAA accelerates the attainment of citizenship for those from these groups who entered the country before 31 December 2014 and fleeing persecution – which include: Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Pakistan, and Bangladesh countries.

Features of CAA

• CAA extends citizenship to six minority religious communities coming from immediate neighboring countries.
• The eligibility date ends on 31 December 2014
• According to Law, the fast-track path to citizenship is closed off for Muslim migrants.
• Under CAA, those victims of religious persecution are reached.

The government contends that the CAA corrects a historic wrong by easing persecution of minorities. The exclusion of Muslims, however, has witnessed these protests. Critics hold that it violates India’s secular constitution and has been creating religion-based bias. The act has caused protests throughout the country where most feel it is a divisive tool that could further fortify Muslims at the margins.

National Register of Citizens (NRC)

The NRC is a list designed to find out and deport illegal immigrants in India. Though implemented till now only in Assam, the government is all set to introduce it at the national level. It will provide an overall count of all citizens in India and filter out the non-citizens staying there illegally. For proof of citizenship, people have to submit papers proving that their ancestors had been residents in India, often several generations ago.

The most controversial issue about NRC is that many people may not be able to prove their ancestry. The majority of the people, especially in rural areas, do not have proper documentation, and thus they may be vulnerable to being named as non-citizens. If the NRC is merged with the CAA, then those individuals who are excluded by NRC but are not included in the CAA stand a risk of statelessness.

Features of NRC

• NRC attempts to trace out unlawful immigrants.
• It asks for proof of long-term residing in India.
• So far, it is carried out only in Assam.
• It will be incorporated across the country.

CAA and NRC: Controversies and Concerns

The other reason and the serious criticism against CAA and NRC is that two measures will affect the Muslim community adversely. While the CAA grants citizenship to minority groups persecuted in neighboring nations, Muslims are excluded therefrom. Along with it, NRC, citizens who cannot prove citizenship based on NRC may lose statehood.

Concerns: Statelessness in quarters.

• Muslims are being excluded from the benefits of CAA
• It is hard for many to prepare NRC documentation
• Protests have erupted due to discrimination.

The opposition feels that the CAA and NRC are creating an environment of fear and dividing people. The government has asserted that such legislation is essential for the national security of the country as well as for its control over immigration, but human rights organizations and activists argue that they create inequality. Muslim people were excluded from CAA and the rigid process for the NRC led to large-scale disenfranchisement. The main sufferers are going to be marginalized communities.

Impact of CAA and NRC on Indian Society

The CAA and NRC have ignited street demonstrations in India. More are now of the opinion that these laws violate the country’s secular character. There have been protests since December last year and continued right into January 2020, by people from different walks of life opposing CAA and NRC. Several Indian states have further filed objections to the inclusion of the NRC as it applies to the territorial jurisdiction they administer, hence deepening the chasm between the Center and regional regimes.

Effects of CAA and NRC

• CAA and NRC have been opposed violently all over India.
• A few states reject holding NRC altogether.
• They are dividing Indian society as laws.
• More people disfranchise the downtrodden.

The CAA and NRC also attracted international pressure, wherein many human rights organizations branded the laws as discriminatory. The UN and other world bodies questioned whether these laws conform to India’s obligation under the general international law. Time only will tell the long-term impact of CAA and NRC on India’s democratic and secular traditions but shows no signs of abating in controversies.

The Legal and Political Implications

Protests and legal issues also arise for the CAA and NRC. Various petitions have been raised against the Indian Supreme Court also, for stating that the CAA violated the Indian Constitution by damaging Article 14: a provision regarding the right of equality. They criticize it by saying that same does not match the basic principles of secularism applied to the nation of India.

Legal and Political Response

• Several petitions have questioned its constitutionality.
• The Supreme Court has not passed a verdict as yet.
• It has politically polarized public opinion across party lines.
• Regional parties are opposing NRC all over India.

Politically, CAA and NRC have brought division, with the ruling party actively defending the laws and the opposition protesting against them. For the next couple of years, the way these laws function will remain the focus point for Indian politics.

Conclusion

Debates on the CAA and NRC continue. Despite all these developments, such an atmosphere continues and has taken shape across various corners. How they would be executed throughout the nation remains still a mystery due to further legal challenges against the enactment of the two laws by protesting crowds in several pockets of the nation. It is perceived that these acts are essential by the Indian government for ensuring national security and for taking corrective steps towards illegal immigration while being vehemently opposed on grounds of diluting the very ethos of a pluralistic secular nation like India.