The CAA Conundrum: A Closer Look at Citizenship and Community

The complex past of The Citizenship Amendment Act (C.A.A.) dates back to the partition of India in 1947. The act was implemented to provide Indian citizenship to religious minorities from Afghanistan, Bangladesh and Pakistan who entered India before December 31, 2014. Supporters of the Act argue that it offers much needed protection to religious minorities facing persecution in neighbouring countries, while claiming it discriminates against Muslims by excluding them. To address this sudden arrival of migrants, the Indian government enacted the Citizenship Act of 1955. The C.A.A. has been a controversial piece of legislation ever since its enactment. Opposition and critics of the Act believe that the Act discriminates against and violates the principle of Secularism laid down in the Indian Constitution. Critics argue that the Act could disadvantage Muslims by not including persecuted Muslim sects, while the government asserts that the Act addresses specific historical wrongs faced by non muslim minorities in neighbouring countries.

The CAA Conundrum: A Closer Look at Citizenship and Community

Amit Shah, speaking about national security concerns, reiterated the government's stance to expel what he termed as ‘infiltrators’ stating that The National Register of Citizens (NRC) aims to ensure legitimate Indian citizenship. The updated NRC has left out a little over 19 lakh applicants in Assam. Most of these are people who have not produced the required documents to prove their claims and have the option of appealing to Foreigners' Tribunals and later approach the courts. In Assam, the NRC aims to identify illegal immigrants who entered the state and settled after March 25, 1971. Critics of the Act argue that when combined with the NRC, the CAA could potentially affect the citizenship status of some Muslims, though the government has stated that the laws are intended to address specific issues without affecting existing citizens. The Indian Union Muslim League (IUML) filed a petition under Article 32 of the Indian constitution challenging it soon after the Bill was passed in Parliament. Implementing the C.A.A. has faced much opposition in North-East India, especially in Assam. The indigenous community fears that they may become a minority in their own area as the influx of Bengali speaking migrants could alter cultural and linguistic landscape. People say that the C.A.A. violates Article 14 of the Indian Constitution, which guarantees the Right to Equality and the principle of Secularism. Opponents of the Act argue that it may contribute to feelings of marginalisation among some communities while proponents view it as a step toward addressing historical injustices. Supporters argue that the Act seeks to rectify historical injustices faced by religious minorities in neighbouring countries where state sanctioned discrimination was common. The CAA is seen as a necessary measure to ensure these communities are not left stateless or without protection. India’s long history of offering refuge to those fleeing persecution aligns with the principles of C.A.A. The country has previously sheltered groups such as Tibetans, Bangladeshis and Sri Lankan Tamils. Proponents argue that the Act is a continuation of India’s tradition of providing safe haven to those in need Majoritarianism refers to the political principle that the majority should have the power to make decisions affecting society, often at the expense of minority rights. A very simple example of that in Sri Lanka in the 1950s. In the context of India's Citizenship Amendment Act, majoritarianism is manifested through policies that favour certain religious groups over others, particularly in defining citizenship. The C.A.A has worsened the gap between legal citizenship and substantive citizenship for Muslims. Even though being legally recognized as citizens, many Muslims feel that their rights are threatened, leading to protests and civil unrest. The BJP had faced criticism from opposition parties and civil society groups for allegedly not prioritising the inclusion of muslims in the political sphere, though the party maintains that its policies aim to foster national unity and development for all citizens. The C.A.A. has strained social cohesion and inter-faith relations, creating fear among minorities. The Act has made it difficult to promote discussion, dialogue and understanding between religious groups, making the idea of fostering mutual respect and coexistence almost impossible. It has deepened the cracks of enmity and normalised the idea of stereotypes, worsening communal tensions. While critics argue that the CAA has contributed to heightened tensions between communities, the government emphasises that the Act is not intended to provoke conflict but to provide citizenship to persecuted minorities. Supporters argue that it addressed a long standing issue of religious minorities who have fled persecution in neighbouring countries, particularly Hindus, Sikhs, and Christians from Pakistan, Bangladesh and Afghanistan and that it provides them a pathway to legal citizenship. On 11th March 2024, the Indian Government redid the Citizenship Amendment Act of 2019 rules. These new rules help in the implementation of this much-awaited controversial law. According to the C.A.A.'s new rules, people belonging to any of these six communities must have these documents issued by their country of origin:- 1. Birth or Educational Institution Certificate. 2. Identification Card (of any kind). 3. Any licence or certificate. 4. Land or tenancy records or any other official documents mentioning their name and age. These documents are needed to prove that the person was once a citizen or resident of that country. Moreover, it provides a sense of belonging to their identity. One of the Act’s objectives is to help stateless people who have been residing in India for many years but lack valid documentation. Without citizenship, these individuals are often denied their basic rights and live in constant fear of deportation. The Citizenship Amendment Act (C.A.A.) has become a significant topic of discussion in India, with profound implications for the rights of minorities. By explicitly excluding Muslims from the citizenship pathway, the C.A.A. raises essential concerns about equality, secularism, and the essence of Indian democracy. This legislation has been associated with increased tensions in some regions, according to critics. The enactment of the C.A.A had led to them feeling more and more at risk in what often feels like a discriminatory environment. Although the CAA excludes Muslim immigrants from its benefits, the government has reiterated that no current Indian citizen, regardless of religion, will lose their citizenship due to the Act. Existing legal frameworks ensure that Muslim citizens of India are not stripped of their rights. As India navigates the ongoing debate surrounding the CAA, it is important for discussions to prioritise inclusivity, constructive dialogue, and the balancing of national interests with the rights of all citizens to heal wounds inflicted upon society and to foster a harmonious community. The CAA will always remain a reminder of the delicate balance between national identity and pluralism, pushing everyone involved to strive for an India that depicts the principles of equality and justice for all its citizens, regardless of their faith and beliefs.