India is set to implement the Citizenship Amendment Act (CAA), a controversial law that excludes Muslim illegal immigrants from receiving amnesty and citizenship. The law, passed in 2019 but delayed due to massive protests, provides a pathway to citizenship for religious minorities from Pakistan, Bangladesh, and Afghanistan, specifically Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians. Prime Minister Narendra Modi’s government has defended the CAA as a humanitarian measure for those fleeing religious persecution, but critics argue that the law is discriminatory and undermines India’s secular constitution.
What Does the Law Say?
The Citizenship Amendment Bill (CAB) was passed by Parliament in December 2019, amending India’s 64-year-old citizenship law. Previously, illegal immigrants—defined as foreigners who enter without valid documents or overstay their permitted time—were prohibited from acquiring Indian citizenship. The new law introduces an exception for six religious minority groups from three neighboring Muslim-majority countries.
These minority groups can apply for Indian citizenship after six years of residence or employment in India, compared to the previous requirement of 11 years. This fast-tracked process, however, excludes Muslims, creating a religious distinction in a country where secularism is enshrined in the Constitution.
Additionally, the law allows the revocation of Overseas Citizen of India (OCI) status—a special immigration status for foreign nationals of Indian origin—for individuals found guilty of violating Indian laws, including minor offenses. This provision has raised concerns about potential misuse.
Why Is the Law Controversial?
Opponents of the CAA argue that the law is exclusionary, as it sets religion as a criterion for citizenship, which goes against the secular principles enshrined in India’s Constitution. Critics, including legal experts and historians, assert that the law institutionalizes religious discrimination, particularly targeting Muslims. Delhi-based lawyer Gautam Bhatia described the CAA as seeking to “enshrine religious discrimination into law, contrary to our long-standing, secular constitutional ethos.”
Historian Mukul Kesavan added that while the law appears to offer refuge to persecuted religious minorities, its main purpose is to delegitimize the citizenship of Muslims. Critics further point out that if the law is genuinely aimed at protecting persecuted minorities, it should include Muslim sects like the Ahmadis from Pakistan and the Rohingyas from Myanmar, who have faced severe persecution. Notably, the Indian government has sought to deport Rohingya refugees rather than offer them protection under the CAA.
Defending the Law
The Modi government and supporters of the CAA argue that the law addresses illegal immigration and offers a lifeline to persecuted minorities from neighboring countries. Senior BJP leader Ram Madhav defended the law, stating that “no country in the world accepts illegal migration” and that naturalized citizenship is still available to others through legal channels.
R. Jagannathan, editorial director of Swarajya magazine, also defended the exclusion of Muslims, arguing that the law is focused on protecting non-Muslim minorities from Islamist-majority countries. He cited the persecution faced by religious minorities in these countries as justification for the CAA’s focus.
Link to the National Register of Citizens (NRC)
The CAA is closely linked to the National Register of Citizens (NRC), a separate initiative aimed at identifying illegal immigrants. The NRC was first implemented in Assam, where concerns about illegal immigration from Bangladesh have long been a source of tension. In 2019, nearly two million people were left off Assam’s NRC list, including a significant number of Bengali Hindus—a voter base for the BJP.
The CAA is seen as a way to protect non-Muslims excluded from the NRC, allowing them to claim citizenship despite their omission from the registry. This linkage has further fueled concerns that the law could marginalize Muslims who are excluded from the NRC while offering protection to non-Muslims.
Conclusion
The CAA remains one of the most divisive laws in India’s recent history. While the government maintains that it is a humanitarian measure to protect persecuted minorities, critics argue that it undermines the country’s secular identity and targets its Muslim population. As the Modi government prepares to implement the law ahead of the 2024 general elections, it continues to face both domestic and international criticism. The future of the CAA, and its implications for India’s diverse population, remains a key issue in the country’s political landscape.