CRITICAL ANALYSIS OF CAA (2019) AS A REFUGEE FRAMEWORK IN INDIA

The Citizenship Amendment Act (CAA) of 2019 has sparked significant debate as a purported refugee framework in India, aimed at providing expedited citizenship to certain religious minorities from Pakistan, Afghanistan, and Bangladesh who entered India before December 2014. This paper critically analyzes the CAA's role within the broader context of refugee law, examining its legislative history, scope, and limitations. Although the Act addresses the historical grievances of specific groups, it has been criticized for its selective criteria, which exclude other vulnerable communities and fail to meet established international standards for refugee protection. This analysis argues that the CAA does not constitute a comprehensive refugee framework but rather a one-time measure for a particular subset of historical refugees. To address India's ongoing refugee challenges, the paper advocates for the development of a more inclusive, holistic, and non-discriminatory refugee law that upholds the principles of international human rights, ensuring equitable protection for all persecuted individuals irrespective of religion or country of origin. This approach would position India as a more responsible and humane actor in regional and global refugee policy.