[Fact Check] Can CAA Grant Citizenship To Crores Of People Now Residing In Pakistan, Afghanistan & Bangladesh As Claimed By Arvind Kejriwal?

"There are approximately 2.5-3 crore people put together who are minorities in Pakistan, Afghanistan and Bangladesh. These are poor countries. Out of these 2.5-3 crore people, if even 1-1.5 crore people come to India, where will we settle them? How will we give them jobs? The jobs meant for our people will go to them. The whole law & order situation will crumble. There will be a rise in cases of robberies, rapes. There will be riots all around. What will happen to the security situation in the country?" This is a statement made by Delhi Chief Minister Arvind Kejriwal on Citizenship Amendment Act, 2019 (CAA) today.

In another video, the Delhi CM is heard saying: "The government money would be used to settle the Pakistani people in India. In these countries (Pakistan, Bangladesh and Afghanistan), there are approximately 2.5 to 3 crore minorities. Once India opens its doors, a lot of people will come to India from these countries".

The Delhi Chief Minister seems to be under an impression that CAA will be used to give citizenship to Crores of people now residing in Pakistan, Bangladesh and Afghanistan.  It is quite unfortunate that Delhi CM Arvind Kejriwal, who once served in the Indian Revenue Service (IRS), is spreading canards about a law made by the Parliament. In any case, when lawmakers themselves indulge in such propaganda about a law, it is the duty of legal journalists to bust it by giving clarity about that law.  

The Citizenship Act of 1956, talks about five types of citizenships: (1) Citizenship by birth (2) Citizenship by descent (3) Citizenship by registration (4) Citizenship by naturalization (5) Citizenship by incorporation of territory.

Section 2(1)(b) defines “illegal migrant” as a foreigner who has entered into India― (i) without a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf; or (ii) with a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf but remains therein beyond the permitted period of time.

CAA inserted the following proviso to Section 2(1)(b): Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 (34 of 1920) or from the application of the provisions of the Foreigners Act, 1946 (31 of 1946) or any rule or order made there under, shall not be treated as illegal migrant for the purposes of this Act.

This proviso took this person as described in the proviso out of the ambit of ‘illegal migrant’. This is to enable him to apply for citizenship by invoking Section 5 or 6 [(1) Citizenship by registration and (2) Citizenship by naturalization.] Qualification for availing citizenship by naturalization: (1) applicant has either resided in India or been in the service of a Government in India or partly the one and partly the other, throughout the period of twelve months immediately preceding the date of the application (2) during the fourteen years immediately preceding the said period of twelve months, he has either resided in India or been in the service of a Government in India, or partly the one and partly the other, for periods amounting in the aggregate to not less than eleven years. CAA, for those migrants from Afghanistan, Pakistan and Bangladesh, reduces the “eleven years” period to “five years”.

So it is clear as sky that in order to come out of the ambit of ‘illegal migrant’ and to avail relaxations under CAA, a person needs to be (1) Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan (2) he should have entered into India on or before the 31st day of December, 2014.

Further, the Central Government notified Citizenship (Amendment) Rules, 2024 and it provides that every application under CAA should annex three documents (1) Document to prove that the applicant is a national of Afghanistan or Bangladesh or Pakistan (2) Document to prove that the applicant has entered into India on or before 31.12.2014 (3) Affidavit.

This is the list of documents to prove that the applicant is a national of Afghanistan or Bangladesh or Pakistan:

1. Copy of the passport issued by the Government of Afghanistan or Bangladesh or Pakistan
2. Registration Certificate or Residential Permit issued by the Foreigners Regional Registration Officer (FRRO) or Foreigners Registration Officer (FRO) in India
3. Birth certificate issued by a Government authority in Afghanistan or Bangladesh or Pakistan
4. School certificate or Educational certificate issued by the School or College or Board or University authorities in Afghanistan, Bangladesh or Pakistan
5. Identity Document of any kind issued by Government of Afghanistan or Bangladesh or Pakistan or any other Government authorities or Government agencies in these countries
6. Any License or Certificate issued by a Government authority of Afghanistan, Bangladesh or Pakistan
7. Land or tenancy records in Afghanistan or Bangladesh or Pakistan
8. Any document that shows that either of the parents or grandparents or great grandparents of the applicant is or had been a citizen of one of the three countries i.e. Afghanistan or Bangladesh or Pakistan
9. Any other document issued by a Government authority or a Government agency in Afghanistan or Bangladesh or Pakistan which will establish that the applicant is from Afghanistan or Bangladesh or Pakistan

The following are the documents to prove that the applicant has entered into India on or before 31.12.2014:

1. Copy of the visa and immigration stamp on arrival in India
2. Registration Certificate or Residential Permit issued by the Foreigners Regional Registration Officer (FRRO) or Foreigners Registration Officer (FRO) in India
3. Slip issued by the Census Enumerators in India to such persons while conducting census related survey
4. Government issued license or certificate or permit in India (including Driving License, Aadhaar Card etc.)
5. Ration Card of the applicant issued in India
6. Any letter issued by the Government or Court to the applicant with official stamp 
7. Birth certificate of the applicant issued in India
8. Land or tenancy records or registered rental agreement in India in the name of the applicant
9. PAN Card issuance document bearing the date of issuance
10. Any other document issued by the Central Government or State Government or any Public Sector Undertakings of Central Government or State Government or any financial institutions like Banks or any other Public Authority
11. Certificate issued by an elected member of any rural or urban body or officer thereof or a revenue officer 
12. Record and account details relating to and issued by the Banks (including Private Banks) or Post Office accounts in the name of the applicant
13. Insurance policies issued by the Insurance companies in India in the name of the applicant
14.  Electricity connection papers or Electricity Bills or other Utility Bills in the name of the applicant
15. Court or Tribunal Records or Processes in India in respect of the applicant
16. Document showing service or employment under any employer in India supported by Employees Provident Fund (EPF)/ General Provident Fund/ Pension/ Employees‘ State Insurance Corporation (ESIC) documents 
17. School leaving certificate of the applicant issued in India
18. Academic certificate issued by a school or college or a board or a University or a government institution
19. Municipality trade license issued to the applicant 20. Marriage Certificate
    

In the affidavit, the applicant should state the following: That I am an Afghan/ Bangladeshi/ Pakistani national belonging to Hindu/ Sikh/ Buddhist/ Jain/ Parsi/ Christian community in that country (strike out whichever is not applicable) on the date of my entry into India and continue to belong to this community on the date of submission of this application and was residing at ………………………. (write full postal address in that country). An Eligibility Certificate* from a locally reputed community institution is enclosed. (ii) That I am exempted by the Central Government under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 and from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder in terms of Ministry of Home Affairs Notification No. G.S.R. 685(E) and Order No. G.S.R. 686(E) dated 07.09.2015 and Notification No. G.S.R. 702(E) and Order No. G.S.R. 703(E) dated 18.07.2016.

Applications under CAA can be made through Indian Citizenship Online Portal and the process begins by answering a questionnaire. The first question is whether the applicant entered India on or before 31.12.2014. If the applicant enters "no", he cannot proceed and a disclaimer would appear saying that he is ineligible. [See sample screenshot below]

Thus a person who entered India after 31.12.2014 cannot avail the benefit of CAA. CAA intends only to relax citizenship norms for those refugees from these three countries who are already residing in India (who are here before 31.12.2014).

Conclusion

So the statements made by Arvind Kejriwal, in the context of CAA, that "out of these 2.5-3 crore people, if even 1-1.5 crore people come to India, where will we settle them?" and "Once India opens its doors, a lot of people will come to India from these countries" are misleading. These statements suggest that people who are not residing in India can come to India and take benefit of CAA. This is false information.

Author is an Advocate practising in the High Court Of Kerala and also a Consulting Editor at Verdictum.

The opinions expressed in this article are those of the author.