Citizenship Amendment Act: The Narendra Modi-led government notified the implementation of the Citizenship (Amendment) Act, 2019 that paves the way for granting Indian nationality to undocumented non-Muslim migrants such as Hindus, Sikhs, Jains, Buddhists, Parsis and Christians from Pakistan, Bangladesh and Afghanistan who came to India before December 31, 2014.
The Ministry of Home Affairs (MHA) has provided a web portal- https:/indiancitizenshiponline.nic.in - on which people persecuted from Afghanistan, Pakistan and Bangladesh on religious grounds of six minority communities – Hindus, Sikhs, Buddhists, Jains, Parsis and Christians-- can apply to avail Indian citizenship.
The individuals seeking to become permanent citizens of India must apply through the Indian Citizenship online portal and demonstrate their eligibility by providing the necessary documents. The empowered committee will then review the applications and select candidates to take an oath pledging true faith and allegiance to the Indian Constitution.
Who are eligible to apply?
- Individuals who migrated to India before December 31, 2014, from Pakistan, Afghanistan, and Bangladesh due to religious persecution and belong to six religious minorities- Hindu, Sikh, Buddhist, Jain, Parsi, and Christian are eligible to get citizenship under the Citizenship Amendment Act (CAA) 2019.
- As per the rules, individuals seeking Indian nationality under the Citizenship (Amendment) Act, 2019, will become eligible to apply after spending at least 12 months in the country preceding the date of the application.
- The applicant will be eligible to get Indian citizenship only if he has spent not less than six years in the country out of eight years immediately preceding those 12 months.
- The rules provide for a separate application process for a person of Indian origin, an individual married to an Indian citizen, a minor child of an Indian citizen, a person with Indian parents, someone with either or both parents as citizens of independent India, an individual registered as an Overseas Citizen of India cardholder, and someone seeking citizenship through naturalization.
Declaration
The applicants will also have to give a declaration that they 'irrevocably' renounce the existing citizenship and that they want 'India as permanent home', according to the rules.
'Every application made by the applicant under sub-rule (1) shall have a declaration to the effect that the citizenship of his country shall stand renounced irrevocably in the event of his application being approved and that he shall not raise any claim on it in future,' it said.
Documents Required
- Those seeking citizenship by naturalisation will have to submit an affidavit verifying the correctness of the statements made in the application, along with an affidavit from an Indian citizen testifying to the character of the applicant.
- Such candidates will also have to furnish a declaration from the applicant that he has adequate knowledge of one of the official languages as specified in the Eighth Schedule to the Constitution.
- The applicant shall have to provide a copy of their valid or expired foreign passport, residential permit, evidence of spouse's Indian nationality (copy of Indian passport or birth certificate) or a copy of the marriage certificate issued by the Registrar of Marriage, depending on the case.
- The rules also state that the applicants will have to provide an eligibility certificate issued by a locally reputed community institution confirming that he/she belongs to 'Hindu/ Sikh/ Buddhist/ Jain/ Parsi/Christian community and continues to be a member of the above mentioned community'.
- However, the submission of these documents are not mandatory and need to be provided, "if available".
Step-by-step guide to apply online
Step for registration:
- Visit the official website indiancitizenshiponline.nic.in.
- Click on "Click To Submit Application For Indian Citizenship under CAA 2019."
- Enter your mobile number, CAPTCHA code, and proceed to the next page.
- On the following page, enter your email ID, name, and CAPTCHA code and click on the submit button.
- Check your email and mobile for OTP. Enter the OTPs and verify them. Re-enter the CAPTCHA code for additional verification.
- Once the verification is successful, your user registration is complete.
Online application:
- Open the login window and enter your email ID or mobile number, along with the CAPTCHA code. Click on "Continue."
- You will receive an OTP on your registered mobile number now enter the OTP and re-enter the CAPTCHA code. Click on "Verify and Proceed."
- After successful verification, the option "Click Here to Initiate Fresh Application" will appear.
- Answer 8 to 11 questions about the applicant's background, including pre-2014 residence, place of origin, and duration of stay. Respond to questions with a "Yes" or "No" by selecting the appropriate option.
- Under the provisions of CAA 2019, click on "Accept & Submit" for Naturalisation.
- Fill in all required details, including current address, family information, and any criminal cases if applicable.
- Upload necessary documents as specified. Make the required online payment as per the guidelines.
- After completing all steps, click on "Submit" to apply for citizenship under CAA 2019.
Role of Empowered Committee
An application for registration or naturalisation shall be submitted by the applicant in 'electronic form' to the empowered committee through the district-level committee, as be notified by the central government.
The documents submitted by the applicants will be verified by the district-level committee headed by a designated officer for the purpose (details of this role will be specified later).
The designated officer shall also administer to the applicant the oath of allegiance and, thereafter, sign the oath and forward the same in electronic form, along with confirmation of verification of documents submitted, to the empowered committee.
In case the applicant fails to appear in person to subscribe to their application documents and take the oath of allegiance despite having been given reasonable opportunities, the district-level committee shall forward their application to the empowered committee for consideration for refusal.
The empowered committee, on being satisfied—after making such inquiries as it considers necessary—that the applicant is a fit and proper person to be registered or naturalised, as the case may be, may grant the applicant the citizenship of India.
Once cleared by the empowered committee, applicants getting registered as a citizen of India under the new Citizenship (Amendment) Act, 2019, rules will get a 'digital certificate'. A hard copy of the certificate will be provided only upon a request being made by the applicant, the new rules said.
The certificate shall be digitally signed (the hard copy physically signed) by the chairperson of the empowered committee.
People obtaining citizenship by naturalisation shall be issued a digital certificate of naturalisation by the committee, likewise.
Oath of allegiance
All cleared applicants shall have to take an oath of allegiance affirming that they will 'bear true faith and allegiance to the Constitution of India' as by law established and that they would 'faithfully observe the laws of India' and 'fulfill' their duties as a citizen of India, the rules said.
The applicant who has applied for a grant of citizenship by registration or naturalisation will be issued a digital certificate of registration. Ink signed copy of the certificate of registration or naturalisation will be issued only if the applicant has opted for the same at the application stage and this will have to be collected by the applicant from the office of the Empowered Committee i.e. the office of the Director (Census Operations) of the State/Union Territory concerned located in the State/ UT capital.
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