On Monday( 15th July),Assam CM Himanta Biswa Sarma revealed that only eight people have applied for citizenship under the CAA in the state, with only two attending interviews. The CAA, implemented on March 11, fast-tracks citizenship for undocumented non-Muslim migrants from neighboring countries who arrived before December 31, 2014.
Thank you for reading this post, don't forget to subscribe!
Guwahati: On Monday( 15th July), Assam Chief Minister Himanta Biswa Sarma revealed that only eight individuals have applied for citizenship under the Citizenship (Amendment) Act (CAA) from the state thus far. Speaking at a press conference, Sarma emphasized that out of these eight applicants, only two have moved forward to attend interviews with the relevant authorities.
Background of the Citizenship (Amendment) Act
The Citizenship (Amendment) Act, 2019, commonly known as CAA, was enacted to fast-track citizenship for undocumented non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan. These migrants must have arrived in India before December 31, 2014, and resided in the country for at least five years to be eligible. The Centre officially implemented the CAA by notifying the rules on March 11, four years after its passage by Parliament.
“We organized outreach programs in the Barak Valley and contacted numerous Hindu Bengali families, encouraging them to apply for citizenship under the CAA. However, they declined, expressing a preference to pursue their cases at the Foreigners Tribunal (FT) instead.”
-Sarma stated.
Foreigners’ Tribunals are unique quasi-judicial bodies in Assam, tasked with resolving the nationality issues of individuals deemed doubtful citizens. The CM emphasized that most Hindu-Bengali families excluded from the final draft of the National Register of Citizens (NRC) claimed they possessed documents proving their Indian citizenship. Consequently, they chose to present their cases at the FTs rather than apply through the CAA.
ALSO READ: Amit Shah likely to Notify Citizenship Amendment Act (CAA) Rules on March 11
Legal experts have weighed in on the matter, explaining that individuals declared as foreigners by the FTs could still apply under the CAA if their nationality verdict is unfavorable.
A senior advocate clarified-
“While a citizenship case is already in progress, applying for it under a new law is not considered.”
According to the legal framework, only the FTs can officially declare a person a foreigner in Assam. If the FT’s decision is not in the individual’s favor, higher courts can be approached for further recourse. This procedure underscores the complexity and layered nature of the citizenship determination process in the state.
When asked whether the state government was discontinuing cases against Hindu-Bengalis in the FTs, Sarma responded firmly-
“This is misleading. We cannot drop any case. We are simply advising that individuals should apply through the CAA portal before initiating a case. Even if a case is filed, there won’t be any outcome because these people are eligible for citizenship.”
To address ongoing concerns, CM Sarma mentioned his intent to engage the Advocate General on the CAA issue. He stated-
“I will request the Advocate General to highlight the issue of the CAA so that Foreigners Tribunals can provide time for individuals with ongoing cases to apply for citizenship under the newly implemented law.”
In the intricate landscape of Assam’s citizenship regulations, a statement by Chief Minister Himanta Biswa Sarma sheds light on the judicial processes surrounding the identification and validation of citizens.
“I can’t direct the court to pause while deciding citizenship cases. The Foreigners Tribunal judges must decide on their own, as they are aware of the latest situation.”
-elucidates Sarma, highlighting the autonomy of Foreigners’ Tribunals (FTs) in handling such sensitive cases.
Amid ongoing discussions, Sarma confirmed that a directive was issued in early July by the Home Department to Assam Police’s border wing. This directive notably instructed the police not to refer individuals from Hindu, Sikh, Buddhist, Parsi, Jain, and Christian communities—who entered India before December 31, 2014—to the FTs. Instead, these individuals are encouraged to apply for citizenship through an online portal, ensuring their applications are directly considered by the Indian government. Home and Political Secretary Parth Pratim Majumdar issued the directive to the Special Director General of Police (Border), emphasizing a streamlined approach to citizenship application.
Sarma defends this move, stating-
“It was just a statutory order, fully compliant with the law and without any objectionable content.”
Despite the implementation of the Citizenship Amendment Act (CAA), the anticipated influx of citizenship applications has not materialized to the extent predicted by opposition parties. Sarma addresses this misconception-
“In the anti-CAA movement, five Assamese youths lost their lives. So they sacrificed their lives to prevent just eight people from applying! The extremely low number of eight applications, with only two attending interviews, is surprising to us as well.”
This statement highlights the stark contrast between expected outcomes and the actual situation on the ground.
The Chief Minister also touched upon the psychological barriers hindering Hindu-Bengalis from applying for citizenship through the CAA. According to Sarma, while such fears are not prevalent in the Barak valley, they do hold some sway in the Brahmaputra valley.
Furthermore, he reiterated the state’s policy regarding recent migrants-
“Sarma stated that anyone who came to Assam in 2015 or later will be deported to their country of origin.”
in line with the Assam Accord, which mandates the detection and deletion of all foreigners entering the state post-March 25, 1971, from electoral rolls.
ALSO READ: Fresh Plea Highlights CAA Rules for Minority Rights in Pakistan, Afghanistan & Bangladesh
The final National Register of Citizens (NRC), published on August 31, 2019, saw the exclusion of 19,06,657 individuals from a pool of 3,30,27,661 applicants, sparking widespread controversy and logistical challenges. One significant issue arising from this has been the blocking of approximately nine lakh Aadhaar cards, as individuals’ attempts to update their details coincided with the transformation of Aadhaar centres into NRC centres.
Sarma clarifies-
“At that time, the government had converted Aadhaar centres into NRC centres. These individuals had visited for Aadhaar registration, but due to timing clashes, their process was disrupted. We are currently reviewing the list.”