The passing of the CAB bill raised a lot of questions like- what is CAA, how is it different from NRC, will it be discriminatory against the Muslim Community and will it lead to deportation of the minority communities from India. The Union Home Ministry released a set of answers to the frequently asked questions (FAQs) on the CAB bill on December 17, 2019 to clear the doubts surrounding the CAA law. The Ministry stated that the amended citizenship act will not affect any Indian citizen, including Muslims.
Full list of Frequently Asked Questions on CAA
Frequently Asked Questions (FAQs) on CAA
Will the CAB bill affect Muslims?
The Home Ministry clarified that the Citizenship amendment act (CAA) will not affect any Indian citizen, including Muslims. The Ministry seeking to counter false claims and misinformation on the issue stated that all Indian citizens including Muslims enjoy the fundamental rights conferred by the Indian Constitution.
Why does CAA only include non-Muslim minorities?
The CAA is applicable only to the Hindu, Buddhist, Sikh, Jain, Christian and Parsi minorities from Pakistan, Afghanistan and Bangladesh, who faced persecution on the basis of their religion. Only those minorities will gain benefit from the law who entered India on or before December 31, 2014. The law does not apply to any other foreigners including Muslims, migrating to India from any other country.
Will illegal Muslim immigrants from the three countries be deported back under CAA?
The Home Ministry clarified that the CAA does not have anything to do with the deportation of any foreigner from India, irrespective of religion. The deportation process of a foreigner is implemented in India under the Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920. The Ministry reiterated that only these two laws govern the entry, stay and exit of all foreigners in India irrespective of their origin country or religion. Hence, the usual deportation process would continue to apply to any illegal foreigner staying in India.
What is the process of deportation of a foreigner?
The Ministry clarified that the deportation of any foreigner is done through a proper judicial process which includes a proper enquiry by the local police and concerned administrative authorities. The illegal foreigners are issued proper travel documents by the Embassy of their origin country so that they can be received by the officials thereafter deportation.
Clarifying on the deportation of illegal immigrants from Assam, the Home Ministry stated that the deportation from Assam will only happen after a person is determined as a foreigner under the Foreigners Act, 1946. The process will not be automatic, mechanical or discriminatory. The Ministry stated that all state governments have the power to detect, detain and deport any illegal foreigner under section 3 of the Foreigners Act and section 5 of Passport (Entry into India) Act, 1920.
Will Muslims from Pakistan, Bangladesh and Afghanistan never get Indian citizenship?
The Home Ministry clarified saying that the present legal process of acquiring Indian citizenship by any foreigner of any category through naturalisation or through registration will stay operational. The CAA does not amend or alter the process in any manner. The Ministry further stated that hundreds of Muslims migrating from Pakistan, Bangladesh and Afghanistan have been granted Indian citizenship previously in the last few years. Similarly, all future migrants will be given Indian citizenship irrespective of their religion if found eligible.
Can Hindus facing persecution in other countries besides these three nations apply for
