South China Morning Post

Citizenshi­p law slammed as anti-Muslim

Implementa­tion of rule is timed to maximise Modi’s poll gains, critics say

- Kaisar Andrabi

Mohammad Ishaq was shopping in New Delhi ahead of Ramadan when he read news of India’s implementa­tion of a citizenshi­p law that critics have slammed as discrimina­tory against the country’s Muslims and further proof of Prime Minister Narendra Modi’s pro-Hindu agenda.

“It was meant to happen but the announceme­nt still hurt,” said the 35-year-old Indian Muslim who took part in protests against the passing of the Citizenshi­p (Amendment) Act (CAA) in 2019. “It brought back ugly memories of how we were treated in 2019 when the government first tried pushing through this discrimina­tory law. My friends were jailed for years just for protesting it.”

A replacemen­t of the 1955 Citizenshi­p Act, the CAA expedites citizenshi­p for what Delhi said were refugees escaping religious persecutio­n such as Hindus, Sikhs, Buddhists and Christians in Afghanista­n, Bangladesh and Pakistan. The government has made no mention of Muslim refugees in implementi­ng the law.

These refugees can acquire Indian citizenshi­p within five years even if they enter the country without papers.

India’s Home Minister Amit Shah on March 11 announced details about the implementa­tion of the CAA. Shah, a Modi aide, said the CAA would “enable minorities persecuted on religious grounds in neighbouri­ng countries to acquire Indian citizenshi­p”.

Critics said the implementa­tion of the law was deliberate­ly timed just before the election. On Saturday, India’s election agency said polls would begin in phases on April 19.

The 2019 demonstrat­ions triggered a crackdown and led to the deaths of more than 100 people, mainly Muslims. Several Muslim scholars accused of inciting violence at the protests were also arrested and jailed.

The law’s implementa­tion on March 11, just weeks before Modi seeks an unpreceden­ted third term in the election, has reignited fears of the Hindu nationalis­t Bharatiya Janata Party’s (BJP) alleged anti-Muslim bias.

Protests erupted across India, including in Delhi. Government forces were deployed to quell the unrest in Muslim-majority areas. Activists from various organisati­ons staged demonstrat­ions, burning copies of the law.

Legal experts said the rules would make India a sanctuary for Hindus and marginalis­e its 200-million Muslim minority population. Before the CAA, an applicant’s faith was not specified by the authoritie­s and a foreigner could be eligible for Indian citizenshi­p after 11 years of stay.

Critics noted that the CAA ignored persecuted Muslim individual­s overseas such as Hazara Muslims in Afghanista­n, Ahmadis in Pakistan or Rohingyas in Myanmar, many of whom had been detained in India after fleeing their countries. Amnesty India said in a post on X on March 14 that the CAA violated constituti­onal principles of equality.

Since assuming power in 2014, the BJP has faced criticisms for fostering a hostile climate against Muslims in India. Over the past decade, many Muslim Indians have accused authoritie­s of human rights abuses ranging from property demolition­s to attacks on religious sites.

Lawyer Aman Wadud said the CAA was discrimina­tory against Muslims, and dismissed claims by Delhi that the new law gave refuge to religiousl­y persecuted communitie­s.

“Any illegal immigrants from six non-Muslim communitie­s can seek citizenshi­p, regardless of persecutio­n. The talk of religious persecutio­n is mere political rhetoric,” Aman told the Post.

“Look at statements from BJP leaders like the Assam chief minister calling all Muslims ‘Bangladesh­is’. They are persecutin­g Muslims here through such laws and rhetoric that paints them as outsiders.”

A Delhi-based research fellow, who wished to remain anonymous, said the CAA and the National Register of Citizens (NRC) were part of the same divisive agenda by Modi’s BJP government.

The researcher said the NRC aimed to identify “undocument­ed immigrants” – a group the government had anticipate­d would be predominan­tly Muslim – by demanding documentat­ion that many could not produce because of loss or damage over the years.

However, in Assam, when the NRC rules were implemente­d, most on the undocument­ed list were non-Muslims.

“The CAA cannot be seen in isolation. It’s one arm of the pincer while the other is the NRC. By launching them separately, the BJP tries to portray them as distinct but they are two arms of the same political endeavour,” the researcher said.

Safoora Zargar, a Muslim student activist, said the move to implement the CAA ahead of the 2024 elections was a sign of Delhi’s weakness and urged activists to continue defending Indian democracy.

“The government has to resort to such overt vulgar displays of power to give reason to its voter base to vote for them again despite all the failures,” she told the Post.

The CAA has also drawn internatio­nal criticisms since it was mooted.

The UN Office of the High Commission­er for Human Rights expressed concerns last week over the law’s discrimina­tory nature, saying India might have breached its internatio­nal human rights obligation­s.

US State Department spokesman Matthew Miller emphasised the importance of religious freedom and equal treatment under the law for all communitie­s in India, saying Washington was monitoring the situation closely to gauge the impact of the CAA.

However, India’s Ministry of External Affairs spokesman Randhir Jaiswal said the CAA was “an internal matter of India, aligned with our inclusive traditions and our enduring commitment to human rights”.

The US and UN reactions were “misplaced, misinforme­d and unwarrante­d”, he said.

 ?? Photo: AFP ?? Supporters await the arrival of Prime Minister Narendra Modi at a road show in Hyderabad. National polls will begin in India in April.
Photo: AFP Supporters await the arrival of Prime Minister Narendra Modi at a road show in Hyderabad. National polls will begin in India in April.

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