limitations on foreigners’ rights. 4 By an order of 18th July 2016 both of these exemptions were extended to members of the enumerated religions from Afghanistan. 5 4. The 2016 Bill defined the groups who were to be excluded from the definition of ‘illegal migrants’ under the Citizenship Act by reference to persons of the enumerated religions from Afghanistan, Bangladesh and Pakistan, who were exempt under the Foreigners Act 1946, and the Passport (Entry into India) Act 1920 (and orders and rules made thereunder). 6 The Bill was referred to review by a Joint Parliamentary Committee, which published their report in January 2019. 5. The Citizenship (Amendment) Bill 2019 was subsequently introduced in December 2019 and was approved by the Indian Parliament on 11 December 2019. 6. Through the application of the CAA, the definition of ‘illegal migrant’ was amended to exclude from that definition persons belonging to Hindu, Sikh, Buddhist, Jan, Parsi or Christian faiths from Afghanistan, Bangladesh or Pakistan who had entered India on or before the 31st of December 2014. 7 Thus, a person meeting this criteria shall not be treated as an illegal migrant. 7. This amendment has the effect of granting the right to apply for citizenship to persons of one of six religions from three specified countries but effectively withholds the opportunity for citizenship acquisition from persons from other religions (most notably Muslims) and those from other countries. 8. By enshrining this differential treatment in law, the CAA impacts India’s international legal obligations. 9. India is a party to the following relevant treaties: 9.1. International Covenant on Civil and Political Rights (‘ICCPR’) 8 9.2. International Convention on the Elimination of Racial Discrimination (‘ICERD’) 9 9.3. Convention on the Elimination of All Forms of Discrimination against Women (‘CEDAW’) 10 9.4. Convention on the Rights of the Child (‘CRC’) 11 9.5. Convention on the Rights of Persons with Disabilities (‘CRPD’) 12 4 Foreigners (Amendment) Order 2015 (India) ord 2. See Passport (Entry into India) Amendment Rules 2016 (India) r 2; Foreigners (Amendment) Order 2016 (India) ord 2. 6 See Citizenship (Amendment) Bill 2016 (India) s 2. 7 Citizenship (Amendment) Act 2019 (India) s 2(1)(b). 8 International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976) (‘ICCPR’). 9 International Convention on the Elimination of All Forms of Racial Discrimination, opened for signature 7 March 1966, 660 UNTS 195 (entered into force 4 January 1969) (‘ICERD’). 10 Convention on the Elimination of All Forms of Discrimination against Women, opened for signature 18 December 1979, 1249 UNTS 13 (entered into force 3 September 1981) (‘CEDAW’). 11 Convention on the Rights of the Child, opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990) (‘CRC’). 12 Convention on the Rights of Persons with Disabilities, opened for signature 30 March 2007, 2515 UNTS 3 (entered into force 3 May 2008) (‘CRPD’). 5 3