Fair Treatment and Equity Concerns in the Implementation of CAA:

Assessing Administrative and Procedural Challenges

Aneesh V. Pillai

 

Abstract: The Citizenship Amendment Act (CAA) of 2019 signifies a substantial departure in India’s citizenship regulations to expedite the acquisition of citizenship for non-Muslim religious minorities from Afghanistan, Bangladesh, and Pakistan. Despite being commended for its humanitarian elements, the Act has generated extensive discussions and legal disputes, unveiling intricate administrative and justice-related challenges in its execution. The primary aim of the CAA, which is to hasten citizenship for persecuted minority groups, is juxtaposed with the practical hurdles encountered by affected individuals, such as bureaucratic inefficiencies, inconsistencies in implementation, and concerns regarding equity and legality. This article critically analyses the administrative and fairness challenges in implementing India’s CAA, referencing specific incidents and legal decisions that illustrate the difficulties in ensuring equal treatment for affected individuals. The findings underscore the importance of ongoing review and adjustments to address inherent obstacles and ensure that citizenship policies adhere to principles of fairness and impartiality. Recommendations for improving administrative processes and aligning CAA implementation with constitutional values are discussed, emphasising transparency, accountability, and human rights protection.