Citizenship under CAA only after scrutiny: SC

Citizenship under CAA only after scrutiny: SC

Act provides enforceable rights but refugees will require to be screened first, says court
Petitioner flagged panic among the refugees from neighbouring nations after SIR began
Plea said govt. had delayed issue of citizenship certificates, which created a constitutional crisis
The Supreme Court on Tuesday said conferment of rights associated with Indian citizenship to people claiming to be religious minorities who fled persecution from Pakistan, Afghanistan, and Bangladesh and protected under the Citizenship (Amendment) Act, would be wholly dependent on whether their claims turn out to be true.
The court said that though the Citizenship (Amendment) Act, 2019, had introduced changes in favour of granting “enforceable rights” to persecuted religious minorities from these countries, every such claim would have to be enquired into and verified by the authorities.
The oral observations from a Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi came on a petition filed by an NGO, Aatmadeep.
The NGO submitted that these groups, especially those who had fled Bangladesh and were living in West Bengal, were petrified that the ongoing special intensive revision (SIR) of electoral rolls would render them stateless.
Chief Justice Kant said the conferment of Indian citizenship was not a given for CAA applicants.
They should fulfil certain conditions, and in due course, could apply for inclusion on the voters’ list, he said. The court, however, issued notice to the Election Commission and the Centre, seeking a response. It posted the case for hearing next week.
The NGO, in its petition filed through advocate Anish Roy, submitted that the proviso to Section 2(1)(b) of the Citizenship (Amendment) Act (CAA) exempted religious minorities from Afghanistan, Bangladesh, and Pakistan who entered India on or before December 31, 2014, from being considered “illegal migrants”.
These communities were Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians. Section 6B of the CAA allows these persons to apply for grant of certificate of registration or certificate of naturalisation. The NGO argued that those who apply for naturalisation should not be deprived of citizens’ rights and privileges.
However, the petition said the authorities had delayed the issuance of the citizenship certificates.
‘Exposed to risk’
This, coupled with the non-recognition of acknowledgment receipts during the ongoing Special Intensive Revision (SIR), has created a serious constitutional crisis.
“The affected persons, already recognised by Parliament as persecuted minorities of Afghanistan, Bangladesh and Pakistan who entered India deserving protection and integration, are now exposed to the risk of statelessness, social exclusion and disenfranchisement,” the petition alleged.
Chief Justice Kant said the grant of Indian citizenship was subject to fulfilment of certain conditions.
“You are claiming that you are entitled by virtue of these amended provisions in the CAA to become citizens of this country. But you have not been conferred citizenship so far... The amended provisions might have conferred some enforceable rights in your favour to seek citizenship, but each and every statutory requirement has to be determined, like, do you belong to any minority in that country; were you resident of the country of which minority were permitted to come to India; and in what capacity have you come to India,” Chief Justice Kant explained.
The CJI said that if the government has made a law, there would be a following mechanism to implement the law, in this case, to determine claims of citizenship by naturalisation from refugees who had fled these three countries.
The Chief Justice noted that once such a person became a naturalised citizen through due process, he or she could apply under the statutory scheme for entry into the voter list.
The poll body did periodic review of the electoral roll, and could include the eligible names, he noted.