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The Supreme Court on Monday issued notice to the Centre, Election Commission and the government of West Bengal on a plea that flagged concerns among Citizenship Amendment Act (CAA)-protected migrants that they
will not be granted citizenship, will be out of the SIR process in the state and eventually will be out of the voter list.NGO Atmadeep had filed the petition on behalf of a group of religiously persecuted Hindus, Buddhists, Jains who came into India from Pakistan, Bangladesh and Afghanistan and settled in Bengal before 2014. They seek inclusion in the SIR process and voting rights.What is the prayerUrges the petition filed by Atmadeep through SC advocate Anish Roy: Direct the respondent authorities to expedite the issuance of citizenship certificates in furtherance of the application seeking naturalization as a citizen of India under Section 5B of the Citizenship Amendment Act, 1955 in order to enable the applicants to submit information in the ongoing SIR verification process.The second prayer says: “Grant extension of time for submission of information in the ongoing SIR verification process to the class of people who have applied for naturalization as a citizen of India under Section 6B of the Citizenship Amendment Act, 1955.”Chief Justice of India Surya Kant told Senior Advocate Karuna Nundy, the arguing counsel for Atmadeep: “Ok we will keep it for December 9. Your argument is different… you can argue that you have a right but we feel it has to be considered on a case-to-case basis.”Advocate Nundy said: “Their applications have not been considered under CAA… I am mainly for Hindus and also for Buddhists, Christians etc. from Bangladesh. Even though we came way before 2014 we do not have protection under CAA. I am seeking what is already given in Basudev judgment and I should be provisionally on the SIR.”CJI Surya Kant said: “We cannot draw distinctions only because someone is Jain, Buddhist etc. We have to see the concept of deemed citizenship and right is there but right has to be seen on a case-to-case basis. We will list this with others on December 9. Notice issued.”The plea highlights that several applications for naturalisation by migrants, recognised as persecuted minorities who are eligible for Indian citizenship under the CAA, remain pending due to administrative delays.The petition adds that many similarly placed individuals are waiting to apply for such citizenship under Section 6B through the online system established by the Citizenship (Amendment) Rules, 2024.The PIL is filed on behalf of several persons who are covered by the Proviso to Section 2(1)(b) of the Citizenship Act, 1955. It is stated that these persons, being the persecuted minorities of the neighbouring countries, mostly belong to the weaker section of society. It is also stated that several persons have already applied under Section 6B for the grant of a certificate of registration or certificate of naturalisation, and several others are waiting to apply. These persons have been residing in India for several years, and their names are already appearing in the Electoral Roll of 2025.The plea, filed by AOR Anish Roy, reads, “The delay in issuance of citizenship certificates, coupled with the non-recognition of acknowledgement receipts during the ongoing Special Intensive Revision (SIR), has created a serious constitutional crisis. The affected persons, already recognized by Parliament as persecuted minorities of Afghanistan, Bangladesh and Pakistan who entered India deserving protection and integration, are now exposed to the risk of statelessness, social exclusion, and disenfranchisement.”
