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Unpacking the Citizenship Amendment Act of 2019 – Part I

Hello, everyone! Today, we’re delving into a topic that’s been generating a lot of buzz – the Citizenship Amendment Act (CAA) of 2019 in India. If you’re wondering why there’s so much talk around it, you’re in the right place. Let’s unravel the story together.

The journey begins with the Citizenship Act of 1955, which outlines the pathway to becoming an Indian citizen. It was pretty clear-cut until 2019, when the BJP-led government introduced significant changes with the CAA. So, what exactly changed, and why has it stirred such a debate?

Traditionally, if you overstayed your visa in India, you’d be considered an illegal migrant, no exceptions. However, a pivotal change in 2016, leading to the CAA of 2019, altered this stance. Now, if you’re Hindu, Sikh, Jain, Parsi, Buddhist, or Christian from Pakistan, Afghanistan, or Bangladesh, and arrived in India before December 31, 2014, your status as an illegal migrant is waived. The intention? To offer protection to individuals from these communities who face persecution in their countries.

The noble vision behind this act is evident. Nonetheless, it raises some critical questions. What about the other groups enduring persecution in neighboring regions, such as Shia and Ahmadi Muslims in Afghanistan and Pakistan, or the Tamils in Sri Lanka? Their exclusion from the act hints at a selective approach, stirring contemplation on the broader implications.

The Shias, Ahmedis, Tamils and Muslims in China

The persecution of Shia Muslims, Ahmadi Muslims, Tamil people in Sri Lanka, and Uyghur Muslims in China varies significantly in context and intensity but shares common themes of discrimination, violence, and systemic oppression.

In Pakistan, Ahmadi Muslims face severe discrimination and are legally restricted from calling themselves Muslims, engaging in Muslim practices, or using Islamic greetings. Legislation specifically targets Ahmadis, barring them from professing their faith publicly or performing the Muslim call to prayer. This discrimination is embedded in Pakistan’s laws, where, for example, Ahmadis must declare their founder an impostor to obtain a passport or national ID. The community has been the target of violent attacks, and their places of worship have been attacked or destroyed. In recent times, the rise of the Tehreek-e-Labbaik Pakistan (TLP) has correlated with an increase in violence and legal cases against Ahmadis, fueled by blasphemy laws

In Afghanistan, the minority Shia Muslims, particularly the Hazara ethnic group, face systemic discrimination and targeted violence under the Taliban’s rule. Since the Taliban’s takeover in 2021, Afghanistan has plunged into an economic and humanitarian crisis, affecting all its citizens, including the Shia community. The economic collapse and withdrawal of international support have exacerbated the dire situation for minority groups

In Sri Lanka, the Tamil population has faced decades of ethnic tension and conflict, primarily during the Sri Lankan Civil War from 1983 to 2009. The war was marked by significant human rights violations, including allegations of genocide against the Tamil population by Sri Lankan government forces. Post-war, Tamils continue to experience discrimination, and efforts towards reconciliation and accountability have been slow and contentious.

In China, the Uyghur Muslims in the Xinjiang Uyghur Autonomous Region face intense surveillance, mass detentions in “re-education camps,” forced labor, and religious and cultural repression under policies framed by the Chinese government as counter-terrorism efforts. Reports indicate that up to a million or more Uyghurs and other Muslim minority groups have been detained without trial. These actions have drawn international condemnation and accusations of human rights abuses, including allegations of genocide

The plight of these communities underlines the importance of global awareness, international pressure, and advocacy for human rights and religious freedom.

Compromising the Constitution

For the first time, India introduced legislation that categorizes people based on their religion, sparking considerable concern. The move is seen by many as the government showing a preference for certain religions, which clashes with the foundational principles of equality embedded in the country’s constitution. This aspect has ignited a fiery debate, with the opposition voicing that the essence of India’s constitutional values is being compromised.

The Citizenship Amendment Act of 2019 marks a pivotal moment in India’s legislative history, prompting us to reflect on the balance between humanitarian aid and the secular values enshrined in the constitution. It’s a conversation that’s far from over, and it’s crucial to engage in these discussions to understand the multifaceted impacts of such laws.

Stay tuned as we continue to explore topics that matter. Until next time, keep questioning and keep seeking the truth.

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