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    Home / News / World News / CAA provisions may violate Indian Constitution: US Congressional report 
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    CAA provisions may violate Indian Constitution: US Congressional report 
    CRS report questions legality of CAA

    CAA provisions may violate Indian Constitution: US Congressional report 

    By Tanya Shrivastava
    Apr 22, 2024
    10:15 am
    What's the story

    Some provisions of the Citizenship Amendment Act (CAA)—enacted in March—may contradict the Indian Constitution, a report by the Congressional Research Service (CRS), an independent research division of the United States's Congress has said. The report says, "The CAA's key provisions—allowing immigrants of six religions from three countries a path to citizenship while excluding Muslims—may violate certain Articles of the Indian Constitution."

    Context

    Why does this story matter?

    The CAA—enacted by the Parliament in 2019—intends to offer Indian citizenship to persecuted non-Muslim immigrants from Bangladesh, Pakistan, and Afghanistan who arrived before December 31, 2014. The Joe Biden administration has repeatedly voiced concerns over the law and is closely monitoring its implementation. "Respect for religious freedom and equal treatment under the law for all communities are fundamental democratic principles," the US State Department said earlier this year.

    Potential risks

    CAA and NRC may threaten rights of Indian Muslims

    The CRS report also raises concerns about the potential implications of the CAA when combined with a proposed National Register of Citizens (NRC). The report said that this combination could jeopardize the rights of India's Muslim community. The report states that those opposing the CAA are wary of the ruling BJP "pursuing a Hindu majoritarian, anti-Muslim agenda that threatens India's status as an officially secular republic and violates international human rights norms and obligations."

    Official response

    Indian government defends CAA amid criticism

    Despite the criticisms, India has consistently defended the CAA, asserting that its primary purpose is to grant citizenship. Union Defence Minister Rajnath Singh clarified at an election rally in West Bengal that the CAA is not designed to revoke anyone's citizenship but is a law for granting Indian citizenship to people displaced from Pakistan, Bangladesh, and Afghanistan due to religious persecution. The government reassured that no citizen will lose their citizenship due to this legislation.

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