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The Supreme Court of India on Friday, March 15, agreed to hear multiple pleas seeking a stay on the implementation of Citizenship Amendment Act (CAA) rules. After senior advocate Kapil Sibal raised the issue, Chief Justice of India DY Chandrachud scheduled the hearing for next week on March 19.
Notably, around 200 connected petitions have been filed with the apex court on the matter since the CAA provisions were passed in 2019.
The Indian Union of Muslim League (IUML) had on March 12 sought an urgent hearing in Supreme Court seeking a stay of the Citizenship (Amendment) Act (CAA), 2019 and its rules notified by the government on March 11, 2024.
The Home Ministry on March 11 notified the implementation of the Citizenship Amendment Act's (CAA) rules.
The law paves the way for Hindu, Sikh, Jain, Buddhist, Christian and Parsi refugees, who came to India before December 31 2014, from Afghanistan, Bangladesh and Pakistan to acquire Indian citizenship without having a valid passport of these countries or an Indian visa.
The Citizenship (Amendment) Bill 2019 was passed in Parliament in December 2019. The Lok Sabha passed the Bill on December 9 while the Rajya Sabha passed it on December 11.
The amendments on citizenship for illegal migrants will not apply to certain areas. These include the tribal areas of Assam, Meghalaya, Mizoram, and Tripura, as included in the Sixth Schedule of the Constitution. The exceptions also include the states regulated by the “Inner Line" permit under the Bengal Eastern Frontier Regulations 1873.
These Sixth Schedule tribal areas include Karbi Anglong (in Assam), Garo Hills (in Meghalaya), Chakma District (in Mizoram), and Tripura Tribal Areas District. Further, the Inner Line Permit regulates the visit of all persons, including Indian citizens, to Arunachal Pradesh, Mizoram, and Nagaland.
Critics argue that the law, coupled with a proposed national register of citizens, could lead to discrimination against India's 200 million Muslims, the world's third-largest Muslim population.
Rights groups and Muslim organizations in particular expressed concerns given that India is home to the world's third-largest Muslim population. They fear that the proposed National Register of Citizens (NCR) coupled with the CAA could lead to the removal of citizenship for Muslims without proper documentation in border states.
The NRC, which identified and eliminated illegal immigrants from Assam on Supreme Court orders, had been a longstanding demand of Assam. But ever since its implementation, there has been a growing demand for its nationwide implementation and this has increased fears that the CAA-NRC dual moves would target Muslims.
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