Woman declared foreigner gets Indian citizenship under CAA
Dipali Das, a 60-year-old woman from Hawaithang village under Dholai Police Station in Cachar district, Assam, was granted Indian citizenship under the Citizenship (Amendment) Act (CAA), 2019 on March 6, 2026.
She had been declared a foreigner by a Foreigners' Tribunal in Silchar on February 5, 2019, and was detained at the Silchar Detention Camp from May 10, 2019 to May 17, 2021 — nearly two years.
The Ministry of Home Affairs issued her a "Certificate of Naturalisation" dated March 6, 2026.
Her certificate states she was previously a Bangladeshi national, born in Dippur village under Dhirai police station, Sylhet district, Bangladesh, and entered India on February 7, 1988.
She applied through the CAA online portal on February 12, 2025, and received citizenship approximately one year later — making her the first person in Assam to receive citizenship under CAA after having been previously declared a foreigner by a Foreigners' Tribunal.
Citizenship Amendment Act, 2019 — Eligibility Criteria and Procedure
The CAA, 2019 amends the Citizenship Act, 1955 to grant expedited citizenship to members of six religious minority communities — Hindu, Sikh, Buddhist, Jain, Parsi, and Christian — who entered India from Pakistan, Bangladesh, or Afghanistan on or before December 31, 2014, due to religious persecution.
Key Details
- The residency requirement for naturalisation is reduced from 11 years to 5 years for eligible applicants.
- Applicants must have resided in India for at least 12 months immediately preceding the application date, and for not less than 5 years out of the 8 years before that.
- Applications are processed through the online CAA portal (caaindia.nic.in), established after the CAA Rules were notified in March 2024.
- The certificate issued is a "Certificate of Naturalisation" under Section 6 of the Citizenship Act, 1955.
- CAA does not apply to tribal areas of Assam, Meghalaya, Mizoram, or Tripura covered under the Sixth Schedule, or states under the Inner Line Permit system.
Dipali Das, a Hindu woman from Bangladesh who entered India in 1988, squarely meets the CAA's eligibility criteria — her religion, country of origin, and entry date (well before the December 31, 2014 cut-off) all qualify. Her earlier "foreigner" declaration was under the Foreigners Act, which does not override CAA eligibility.
Foreigners Act, 1946 and Foreigners' Tribunals in Assam
The Foreigners Act, 1946 is a central legislation that governs detection and deportation of illegal foreigners. Under Section 9 of the Act, the burden of proof lies entirely on the accused — any person suspected of being a foreigner must prove they are an Indian citizen; the state does not have to prove otherwise.
Key Details
- Foreigners' Tribunals (FTs) are quasi-judicial bodies established under the Foreigners (Tribunals) Order, 1964, made under the Foreigners Act, 1946.
- They function exclusively in Assam and determine whether a person is an illegal foreigner.
- The Illegal Migrants (Determination by Tribunals) Act, 1983 (IMDT Act) — which had a more protective standard placing burden of proof on the state — was struck down by the Supreme Court in Sarbananda Sonowal v. Union of India (2005), as it violated Articles 14 and 355 of the Constitution.
- After the IMDT Act was struck down, FTs under the Foreigners Act replaced it, reversing the burden of proof onto the accused.
- Persons declared foreigner by an FT are liable to be detained in detention centres and subsequently deported.
Dipali Das was declared a foreigner by an FT under this framework and spent two years detained. Her CAA citizenship shows that an FT's foreigner declaration does not permanently extinguish citizenship rights where a separate statutory pathway (CAA) exists.
Naturalisation vs. Citizenship by Birth — Section 5 and Section 6 of the Citizenship Act, 1955
The Citizenship Act, 1955 provides multiple pathways to Indian citizenship: by birth (Section 3), by descent (Section 4), by registration (Section 5), and by naturalisation (Section 6). CAA creates an additional category under naturalisation with relaxed conditions.
Key Details
- Section 6 of the Citizenship Act, 1955 deals with naturalisation — citizenship granted on application after fulfilling residency and other requirements.
- The CAA inserted a proviso to the Third Schedule of the Citizenship Act, reducing the residency requirement for the six eligible communities from 11 years to 5 years.
- Once naturalised, the individual is a full citizen with all rights under Part II of the Constitution (Articles 5–11).
The "Certificate of Naturalisation" issued to Dipali Das is the formal legal instrument under Section 6 read with the CAA proviso. Her citizenship is now constitutionally secure and equivalent in all respects to citizenship by birth.
- Dipali Das: born December 3, 1966, Sylhet district, Bangladesh; entered India February 7, 1988.
- Declared foreigner by Foreigners' Tribunal, Silchar: February 5, 2019.
- Detained at Silchar Detention Camp: May 10, 2019 to May 17, 2021 (approximately 2 years).
- CAA portal application filed: February 12, 2025.
- Certificate of Naturalisation issued: March 6, 2026.
- CAA Rules were notified on March 11, 2024 — enabling the online application portal.
- IMDT Act, 1983 struck down by Supreme Court in Sarbananda Sonowal v. Union of India (2005).
- Section 9 of the Foreigners Act, 1946: reverse burden of proof (accused must prove citizenship).
- CAA eligibility cut-off date: December 31, 2014 (date of entry into India).
- Eligible religions under CAA: Hindu, Sikh, Buddhist, Jain, Parsi, Christian.
- Eligible countries of origin: Pakistan, Bangladesh, Afghanistan.