Citizenship Amendment Act comes into force as Home Ministry issues gazette notification

Even as the protests against the Citizenship Amendment Act (CAA) and the proposed National Register of Citizens (NRC) continues across the country, the Ministry of Home Affairs on Friday notified the new law.

"In exercise of the powers conferred by sub-section (2) of the section 1 of the Citizenship (Amendment) Act, 2019 (47 of 2019), the Central Government hereby appoints the 10th day of January, 2020, as the date on which the provisions of the said Act shall come into force," a gazette notification issued by the Ministry of Home Affairs said.

The new law promises citizenship to members of 6 non-Muslim communities from Pakistan, Afghanistan and Bangladesh who entered India before December 31, 2014.

Critics say that the new law is against the secular nature of the Indian Constitution and clubbed with the NRC may be misused to strip away some Muslims' citizenship in the country. The BJP, however, has argued that the law has nothing to do with India's Muslims and only helps those who fled religious persecution in the neighbouring countries.

Some of the protests, most of them in Uttar Pradesh where 19 people have been killed, turned violent, following which the police launched a massive crackdown arresting hundreds of protesters across the state.

The Citizenship Amendment Bill, 2019, was passed in the Rajya Sabha on Wednesday on December 11 and President Ram Nath Kovind gave his assent a day later. The Lok Sabha had passed the bill on December 9. 

The act amended the Citizenship Act, 1955 and added a new proviso, "...any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder, shall not be treated as illegal migrant for the purposes of this Act."

Another amendment inserted a new proviso, "...the person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community in Afghanistan, Bangladesh or Pakistan, the aggregate period of residence or service of Government in India as required under this clause shall be read as "not less than five years" in place of "not less than eleven years."