The BRICS Times
The Centre’s move easing restrictions for minority communities from Afghanistan, Bangladesh and Pakistan reignites debate on CAA in Assam
Assam chief minister Himanta Biswa Sarma on Wednesday remarked that the Citizenship Amendment Act (CAA) has had little influence in Assam, pointing out that only 12 individuals had applied for Indian citizenship under the law, out of which just three were granted citizenship.
The issue has resurfaced after the Union government introduced a relaxation for minority groups from Afghanistan, Bangladesh and Pakistan. Under the new provision, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from these countries who entered India on or before December 31, 2024, will be shielded from legal proceedings even if they lack valid entry documents or if their documents have expired.
This safeguard was formalised through a Ministry of Home Affairs (MHA) notification issued on September 1 under the Immigration and Foreigners (Exemption) Order, 2025. The notification brings these communities under a special protective framework.
As per the order, these minorities will not be bound by the requirements listed in Sections 3(1), 3(2) and 3(3) of the Immigration and Foreigners Act, 2025 and its rules. Ordinarily, these clauses mandate foreigners to enter with valid passports or visas, maintain proper documentation and stay only with valid permits. In contrast, this exemption ensures that missing or expired papers will not be considered an offence for the six specified groups.
Some BJP leaders interpreted the decision differently. Former Silchar MP Rajdeep Roy suggested it effectively shifts the CAA cut-off year, posting on X: “Govt Of India extends the cut-off date of #CAA (Citizenship Amendment Act) from 31.12.14 to 31.12.24.”
However, legal voices have underlined that this interpretation is misleading. While the notification indeed applies to the same six minority groups mentioned in the CAA, it does not alter the original 2014 deadline for citizenship applications.
Dharmananda Deb, a former Foreigners Tribunal member in Silchar, clarified:
“Under CAA, the cut-off date for applying for Indian citizenship is December 31, 2014. The new notification does not alter that deadline. It only gives an additional safeguard for these minorities, allowing them to stay in India without fear of prosecution. They cannot directly claim citizenship under this order.”
Similarly, Shishir Dey, ex-judge of a Foreigners Tribunal in Karimganj, observed:
“The core message is that minorities from Afghanistan, Bangladesh and Pakistan who entered India up to December 31, 2024, will be exempt from action even without valid documents. Perhaps the government plans to amend CAA in future. For now, this order does not provide citizenship but grants protection from legal action.”
He also noted that following the political change in Bangladesh in August 2024, several Hindu leaders and even some Muslim leaders sought refuge in India, though the exemption order strictly applies to the six minority groups and does not include Muslims.
Meanwhile, Opposition leaders strongly criticised the move. Trinamool Congress MP Sushmita Dev questioned the government’s approach, asking:
“What will be their identity? For how long will they enjoy this benefit? And what impact will this have on India’s citizenship framework? Is the government legitimising illegal entrants? If so, then those detained in Assam’s detention camps should also be released. The Supreme Court has already asked why the 63 detainees in Goalpara camp have not been deported. If the BJP government allows people entering till 2024 to stay, then why keep others behind bars?”
