AMENDING CITIZENSHIP IN A SHIFTING WORLD: INDIA’S CAA AND THE GLOBAL REFUGEE LANDSCAPE

The migration procedure, a complex and multifaceted aspect of human civilization, has been influenced by various factors such as economic opportunities, safety reasons, and improved living standards. However, the nation-state model of political organization and the introduction of artificial borders in different parts of the world have made immigration a more intricate and challenging issue. This paper delves into the distinction between migrants and refugees, a crucial aspect that determines their legal status and rights.

India’s immigration laws, with their rich historical context, are a testament to the nation’s resilience and adaptability. These laws, predominantly inherited from colonial-era statutes like the Foreigners Act of 1946, have evolved to safeguard the rights of foreigners, including refugees, in India, despite the absence of specific legislation addressing refugees. The development of citizenship laws in India, particularly the Citizenship Amendment Act (CAA) of 2019, has sparked debate due to its perceived bias. The CAA is designed to grant citizenship to persecuted minorities from neighbouring countries, but critics argue it contradicts India’s secular principles and discriminates against certain religious groups. Recent changes to the CAA rules aim to address concerns about eligibility and required documents. In contrast, countries like Australia and the United States have well-defined procedures for resettling refugees, guided by global agreements and local laws. They prioritize the protection and integration of refugees into society while also addressing security concerns. This paper also includes primary research, incorporating data from various government and international databases, such as UNHRC, Refugee Council of Australia.

Dealing with migration, asylum, and refugee protection is a complex task that demands a delicate balance between humanitarian duties and the nation’s interests. As a critical player in the region and a staunch supporter of humanitarian ideals, India is tasked with maintaining fairness, justice, and empathy while navigating the intricate issues of migration in an interconnected world.