The Hindu Editorial Analysis- 23rd March 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

The CAA, Muslim exclusion and the lens of the right 

Why in News?

The article discusses the exclusion of Muslims from the Citizenship (Amendment) Act (CAA) 2019, citing reasons including the complexities of Partition, persecution of minorities, and critiques of secular and political responses, within the broader context of Hindu right’s ideological politics.

Reasons for Exclusion of Muslims from CAA 2019:

1. Origin of Partition:
   • Driven primarily by Muslim elites collaborating with colonial authorities.
   • Triggered by the vision of Hindu Rashtra by the Hindu right-wing.
2. Opposition from Indian Muslims:
   • Majority of Indian Muslims were against Partition.
   • Notable leaders like Khan Abdul Ghaffar Khan, Maulana Abul Kalam Azad, and Sheikh Abdullah resisted it.
3. Leadership in Bangladesh’s Liberation:
   • Bangabandhu Mujibur Rahman's leadership contradicted Jinnah’s two-nation theory.
4. Complexities Post-Partition:
   • Confusion among Muslim masses during Partition, highlighted by Maulana Abul Kalam Azad’s efforts to retain Muslim officials in India.
   • Significant number of Muslims opted to stay in India despite initial inclinations towards Pakistan.
5. Argument of Persecution:
   • Religious minorities and certain Muslim sects face persecution in Pakistan, Bangladesh, and Afghanistan.
   • Instances like Nobel laureate Abdus Salam’s discrimination due to his Ahmadi heritage underline severity of persecution.
   • Even Shia community leadership opposed Pakistan project favoring Sunni dominance.
6. Critique of Secular Response and Current Political Climate:
   • Criticism towards India’s secular governments for not adequately addressing persecution of religious minorities.
   • Unfortunate intervention by Delhi Chief Minister Arvind Kejriwal, depicting asylum seekers as criminals, deemed xenophobic and derogatory.
   • Hindu right’s broader ideological agenda evident in BJP’s non-fielding of Muslim candidates, scrutiny of madrasas, and emphasis on de-Islamisation of India.
7. Conclusion:
   • CAA 2019’s exclusion of Muslims intersects with complex historical and political dynamics.
   • Critique of secular response and current political rhetoric highlight need for nuanced understanding and comprehensive political strategies to address broader ideological project of de-Islamisation in India.

The Citizenship Amendment Act 2019:

• Amendment Scope: The Act aims to alter the definition of illegal immigrants, specifically benefiting Hindu, Sikh, Parsi, Buddhist, Jain, and Christian immigrants from Pakistan, Afghanistan, and Bangladesh, excluding Muslims.
• Fast Track Citizenship: Eligible immigrants under the Act will receive expedited Indian citizenship within 5 years, a significant reduction from the previous requirement of 11 years.
• Cancellation Provision: Additionally, the Act, which amends the Citizenship Act of 1955, introduces provisions for the cancellation of Overseas Citizen of India (OCI) registration if the OCI card-holder breaches any provision of the Citizenship Act or any other prevailing law.

Who is eligible?

• Eligibility Criteria: The CAA 2019 targets individuals who have been compelled to seek refuge in India due to persecution based on religion. It aims to shield such individuals from prosecution for illegal migration.
• Cut-off Date: The cut-off date for eligibility for citizenship under the Act is December 31, 2014. This implies that applicants must have entered India on or before this date to qualify.
• Exclusions:
  • The Act excludes areas governed by the Constitution's sixth schedule, which pertains to autonomous tribal-dominated regions in Assam, Meghalaya, Tripura, and Mizoram.
  • Furthermore, states with an inner-line permit regime, namely Arunachal Pradesh, Nagaland, and Mizoram, are also exempted from the provisions of the Act.

What are the concerns About CAA, 2019?

• Constitutional Challenge: Critics argue that it violates Article 14 of the Indian Constitution, which guarantees the right to equality before the law and prohibits discrimination based on religion.
  • The CAA’s provision of granting citizenship based on religion is seen as discriminatory.
• Potential for Disenfranchisement: The CAA is often linked to the National Register of Citizens (NRC), a proposed nationwide exercise to identify illegal immigrants.
  • Critics fear that a combination of CAA and a faulty NRC could disenfranchise several citizens who are unable to prove their documentation.
  • More than 19.06 lakh people were left out of the final draft of the Assam NRC released in August 2019.
• Impact on Assam Accord: In Assam, there is a specific concern regarding the compatibility of the CAA with the Assam Accord, 1985.
  • The Accord established criteria for determining citizenship in Assam, including specific cut-off dates for residency.
  • The CAA’s provision of a different timeline for granting citizenship could conflict with the provisions of the Assam Accord, leading to legal and political complications.
• Secularism and Social Cohesion: The CAA’s focus on religion as a criterion for citizenship eligibility has raised broader concerns about its impact on secularism and social cohesion in India.
  • Critics argue that privileging certain religious communities over others undermines the secular principles upon which the Indian state was founded and could exacerbate communal tensions.
• Exclusion of few Religious Communities: The exclusion of certain religious communities from the CAA and its subsequent rules, such as Sri Lankan Tamils and Tibetan Buddhists, who faced religious persecution in their home countries, raises concerns.