Government Amends CAA Guidelines on Document Requirements to Prove Foreign Origin

Government Amends CAA Guidelines on Document Requirements to Prove Foreign Origin

The Union Ministry of Home Affairs (MHA) has introduced a significant amendment to the Citizenship (Amendment) Act, 2019 (CAA), which impacts the documentation required for applicants seeking Indian citizenship. The amendment pertains to the Rules of the CAA, which previously mandated that applicants provide a document issued by a government authority in Afghanistan, Bangladesh, or Pakistan to establish their origins in these countries.

The updated guidelines under Schedule 1A have now expanded the scope of acceptable documents. Applicants can now submit any document issued by either the State or Central government or any quasi-judicial authority in India. This adjustment provides greater flexibility for applicants who may have struggled to obtain documentation from their countries of origin. An "etc." has also been added to the order, allowing government officials discretion when processing applications if the provided documents are incomplete.

The CAA, enacted in December 2019, facilitates citizenship for members of six non-Muslim communities—Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians—who entered India from Afghanistan, Bangladesh, or Pakistan before December 31, 2014. The Act reduces the required period of residence for citizenship from 11 years to five years for these communities.

In response to numerous queries from officials handling citizenship applications, the MHA clarified that documents such as land records or judicial orders issued by Indian authorities could now be used to demonstrate an applicant’s or their ancestors’ connection to Afghanistan, Bangladesh, or Pakistan. This clarification aims to ease the application process for those who may not have access to documents from their home countries.

The amendment comes after concerns were raised by potential beneficiaries, particularly in West Bengal, where many individuals who migrated from Bangladesh after the 1971 Liberation War lack formal documentation. The Bharatiya Janata Party (BJP) had anticipated significant support from these communities in the 2024 Lok Sabha elections, but confusion surrounding the CAA Rules and opposition campaigns suggesting that applicants would be turned into refugees once again appeared to have hindered these efforts.

Despite the changes, the amended Schedule 1A has not posed significant challenges for Hindu migrants from Pakistan, as most entered India with valid documents such as passports and visas.

This move by the MHA underscores the government's intention to make the CAA a more "facilitative law," ensuring that its spirit is understood and upheld while processing citizenship applications. The government continues to address the complexities and challenges faced by those seeking to benefit from the Act.