Denouncing Discriminatory Citizenship Amendment Act in India
March 13th, 2024
Justice for All Canada (JFAC) expresses deep concern over the Indian government’s implementation of the controversial Citizenship Amendment Act (CAA), a law that is part of a discriminatory system that targets the citizenship of Indian Muslims. Notably, this announcement came on the eve of the Muslim holy month of Ramadan, as well as a few weeks ahead of the Indian national elections scheduled in April and May 2024. The Indian government, led by the nationalist Bharatiya Janata Party (BJP), is known for its polarizing election campaigns often demonizing Muslims in hate speeches during its election rallies, to garner votes on communal lines.
“Selectively granting citizenship based on religious affiliation marginalizes and excludes certain communities, undermining equality and non-discrimination enshrined in India’s constitution and exacerbating existing hate speech and violence targeting minorities,” said Taha Ghayyur, Executive Director of Justice For All Canada.
The CAA expedites citizenship for refugees from India’s neighbouring countries who are Hindu, Sikh, Christian, or from other religious minorities while excluding Muslims. Specifically, the law establishes a religious test for migrants from every major South Asian faith other than Islam. For instance, the accelerated citizenship benefits would not extend to Rohingya Muslims. The CAA was approved by the Indian Parliament in 2019, however, its implementation by the Indian government has been delayed. Extensive protests against the legislation paralyzed parts of New Delhi for months, culminating in sectarian violence in early 2020. The unrest resulted in over 100 fatalities nationwide, predominantly amongst the Muslim community.
University students and civil society groups are once again protesting in large numbers, denouncing the Modi government’s decision to implement the CAA as it violates the secular principles enshrined in the Indian Constitution. Specifically, this differential treatment based on religion contradicts the Indian Constitution which guarantees equality before the law, as well as the prohibition of discrimination based on religion.
“The CAA is unconstitutional and discriminatory on several grounds, including exclusion based on religion,” said Prashant Bhushan, a senior Supreme Court lawyer. “The timing of the notification is meant to polarise the electorate upon the Hindu-Muslim divide.”
The BJP has previously linked the CAA to another controversial initiative, the National Register of Citizens (NRC), which could lead to the deportation of millions who have lived in India for generations but do not have identity papers proving the legal status of their ancestors. The NRC was already implemented in the state of Assam with dire consequences, and the BJP has announced plans to implement it in the rest of the country. Muslim groups and rights activists say the combination of the CAA and the NRC could be used to specifically target members of India’s 200 million Muslim population. Those left out from the NRC list may have to appear in front of a foreigners tribunal to prove their citizenship. If the tribunal declares the individual to be a foreigner, they can apply for citizenship under the CAA - except for Muslims, who may be detained and stripped of their rights.
“You will use NRC to exclude people, then use CAA to only selectively include people,” said Bhushan. When combined with the NRC, the CAA is designed to discriminate against and marginalize Muslim communities, effectively rendering them stateless or second-class citizens.
Various groups have filed over 200 petitions challenging the law, which are still pending before Indian Courts. The move to implement the CAA is yet another step in India’s long-standing persecution of its Muslim minority population, an issue which JFAC has been continuously advocating about. JFAC will continue to raise awareness about the persecution of Indian Muslims, and advocate that the Canadian government take a stand in fighting the Indian government’s repression.
Justice for All Canada (JFAC) expresses deep concern over the Indian government’s implementation of the controversial Citizenship Amendment Act (CAA), a law that is part of a discriminatory system that targets the citizenship of Indian Muslims. Notably, this announcement came on the eve of the Muslim holy month of Ramadan, as well as a few weeks ahead of the Indian national elections scheduled in April and May 2024. The Indian government, led by the nationalist Bharatiya Janata Party (BJP), is known for its polarizing election campaigns often demonizing Muslims in hate speeches during its election rallies, to garner votes on communal lines.
“Selectively granting citizenship based on religious affiliation marginalizes and excludes certain communities, undermining equality and non-discrimination enshrined in India’s constitution and exacerbating existing hate speech and violence targeting minorities,” said Taha Ghayyur, Executive Director of Justice For All Canada.
The CAA expedites citizenship for refugees from India’s neighbouring countries who are Hindu, Sikh, Christian, or from other religious minorities while excluding Muslims. Specifically, the law establishes a religious test for migrants from every major South Asian faith other than Islam. For instance, the accelerated citizenship benefits would not extend to Rohingya Muslims. The CAA was approved by the Indian Parliament in 2019, however, its implementation by the Indian government has been delayed. Extensive protests against the legislation paralyzed parts of New Delhi for months, culminating in sectarian violence in early 2020. The unrest resulted in over 100 fatalities nationwide, predominantly amongst the Muslim community.
University students and civil society groups are once again protesting in large numbers, denouncing the Modi government’s decision to implement the CAA as it violates the secular principles enshrined in the Indian Constitution. Specifically, this differential treatment based on religion contradicts the Indian Constitution which guarantees equality before the law, as well as the prohibition of discrimination based on religion.
“The CAA is unconstitutional and discriminatory on several grounds, including exclusion based on religion,” said Prashant Bhushan, a senior Supreme Court lawyer. “The timing of the notification is meant to polarise the electorate upon the Hindu-Muslim divide.”
The BJP has previously linked the CAA to another controversial initiative, the National Register of Citizens (NRC), which could lead to the deportation of millions who have lived in India for generations but do not have identity papers proving the legal status of their ancestors. The NRC was already implemented in the state of Assam with dire consequences, and the BJP has announced plans to implement it in the rest of the country. Muslim groups and rights activists say the combination of the CAA and the NRC could be used to specifically target members of India’s 200 million Muslim population. Those left out from the NRC list may have to appear in front of a foreigners tribunal to prove their citizenship. If the tribunal declares the individual to be a foreigner, they can apply for citizenship under the CAA - except for Muslims, who may be detained and stripped of their rights.
“You will use NRC to exclude people, then use CAA to only selectively include people,” said Bhushan. When combined with the NRC, the CAA is designed to discriminate against and marginalize Muslim communities, effectively rendering them stateless or second-class citizens.
Various groups have filed over 200 petitions challenging the law, which are still pending before Indian Courts. The move to implement the CAA is yet another step in India’s long-standing persecution of its Muslim minority population, an issue which JFAC has been continuously advocating about. JFAC will continue to raise awareness about the persecution of Indian Muslims, and advocate that the Canadian government take a stand in fighting the Indian government’s repression.