Deconstructing India’s New Citizenship Law

In an impassioned speech to mark the launch of his party’s campaign for the Delhi elections, Prime Minister Narendra Modi repeatedly assured Indian Muslims that the recently enacted Citizenship Amendment Bill (CAA) or the proposed roll-out of the National Register of Citizens (NRC) would not discriminate against those who were born in India. This comes in the wake of widespread protests, mainly by urban students, across India. The protests, including violent incidents leading to destruction of public property and clashes with police, spread across India, before being quelled.

What were the reasons for the sudden and spontaneous uprising by students? Mr Modi and his colleagues in the ruling Bharatiya Janata Party (BJP) attribute it to their political rivals, chiefly the Congress party, who they claim have provoked the agitations by the students in order to gain electoral advantage in the forthcoming state elections, notably in Delhi, which goes to the polls in early 2020. But Mr Modi’s critics and the student agitators believe that the CAA and, potentially, the NRC, discriminate against Muslims, while they favour almost all other religious minorities. The Act and the register, critics feel, will further marginalise India’s population of 200 million Muslims and turn the country into a majoritarian state, dominated by Hindus, which is contrary to the secularist tenet of the nation’s Constitution.

What exactly does the CAA intend to do? Primarily, the Act amends the existing Indian Citizenship law, which prohibits illegal migrants from becoming Indian citizens. The old law prohibits illegal foreigners who enter India without valid visas or travel documents from staying in the country and denies them Indian citizenship. Under the new Act, which Mr Modi’s government has formulated, there are exceptions to that law. Now, Hindus, Christians, Sikhs, Parsis, and jains (notably not Muslims), if they have genuinely immigrated from Pakistan, Bangladesh or Afghanistan, will be allowed to stay in India and can be eligible for citizenship if they live or work in the country for six years. The government believes that this will provide sanctuary to those who have fled other countries because of religious persecution.

What then is the controversy surrounding the CAA? The Modi regime’s critics argue that the new Act discriminates against Muslims and, therefore, goes against the secular principles in the Indian Constitution. By separating Mulsims and non-Muslims, the Act, critics feel incorporates religious discrimination into a law and that runs counter to India’s long-standing secular principles. If illegal immigrants from other religions are allowed to seek refuge legally in India, why not also the Muslims who are persecuted in other countries. People belonging to certain sects in Pakistan (Ahmadis, for instance) or in Myanmar (Rohingyas) face oppression and persecution in their countries. Why should they be denied sanctuary? they ask.

What is the controversy over the NRC? The NRC is a register of people who are able to show proper credentials to prove that they came to India before March 24, 1971, the eve of the formation of Bangladesh (formerly East Pakistan), which neighbours India. Initially, the register was introduced in Assam, which has for decades faced a problem of illegal immigrants from Bangladesh. Before the register was published, the BJP government had rooted for it but after it was found to be ridden by errors—millions, primarily Bengali Hindus, were excluded—it was scrapped and could now be re-framed. The CAA and the NRC are interlinked. Now, non-Muslims who were exclude from the register could seek citizenship and not face deportation, particularly in states such as Assam.

The Modi regime, led by Home minister Amit Shah, now wants to roll out the NRC across all Indian states. This would mean illegal immigrants would have to prove their credentials in order to be entitled to permission to stay on in India. Critics believe that coupled with the CAA this could discriminate against Muslims who have migrated to India and have been staying in the country for a long time. Non-Muslims who are not on the NRC could be protected by the CAA and, hence, seek citizenship by naturalisation, while Muslims who are on listed on the register would be denied the right to stay.

What is the provocation for the protests? The student agitation—which Mr Modi and his colleagues in government say is a movement by “urban Naxals” (a reference to the ultra-Left Wing violent uprisings that peaked in the 1970s)—is fuelled by the view that the new law would discriminate against the largest minority community in India (the 200 million Muslims in India make it the country with the largest Muslim population outside of countries that are Muslim dominated) and , therefore, not only violate secularist principles but drive in the wedge further between the Muslim minority and the Hindu majority. A citizenship law that is based on religious affiliation destroys the secularist fabric of India, critics argue. But the student protests have to be viewed from a broader perspective.

The trigger point for the recent agitation by students was the CAA and NRC and the first protests took place in or around the campuses of two Muslim-centric universities—Aligarh Muslim University in Uttar Pradesh and the Jamia Millia Islamia University in Delhi. They quickly spread to other universities in India where students empathised with the protesters and organised their rallies, marches and assemblies. However, there have been other build-ups to the actual protests. The Modi regime is viewed by students as being intolerant and non-secularist. In particular, students have been apprehensive about recent developments that have demonstrated discriminatory trends.

The crackdown in Kashmir where leaders were put under house arrest, and communication was blocked after the government repealed special status for the Muslim-majority state is one provocation for the restiveness that has come to prevail on Indian university campuses. The Babri Masjid verdict, which, in essence, gives the go ahead for Hindu activists to gain control over a plot of land where an old mosque stood (it was demolished by Hindu activists in 1992) and build a temple dedicated to the mythological figure, Rama, is yet another point of discord.

India’s students are a significant force. As much as 50% of Indians are below the age of 25 and in recent years many of them feel insecure both economically as well as socially. Unemployment rates are high (although authentic data are difficult to access in India); the economy has been slowing down; consumer demand and, as a consequence, investment by industry is at its nadir. Increasingly, this is making India’s youth disenchanted with the establishment. The recent protests could, thus, be a foretaste of more serious agitations. It is time the Modi regime took note of the stark writing on the wall.

Hindu Sikh Refugee

‘In The 1990s’ Afghanistan, They Called Us Hindustani Kafir’

Sardar Heera Singh, who fled Kabul in 1993, narrates the pain of a displaced person who has lived in Delhi for 26 years on stay visa. Singh hails the new Citizenship law by Modi government that will give him an identity

We call ourselves ‘Hindu Sikhs’. I was 26 when we fled from Kabul in Afghanistan to save our lives in 1993. India gave us shelter but not citizenship – not till date. It has been almost 26 years that we have been living in India on stay visa which is extended every few years. We are people without a country of our own.

Therefore, we are happy that the Modi government has thought about people like us whose condition till now was like the proverbial ‘dhobi ka kutta’, who belonged neither here nor there. In Afghanistan, we were called Hindu, Kafir, Hindustani, and in India we are called Afghanis, refugees. Finally, with the new citizenship law coming into force, we will have an identity.

I understand that many people are against the implementation of CAA and protesting. But they have not gone through what we have gone through. We were openly disrespected and threatened to change our religion in Afghanistan. Nobody likes to leave their home and hearth and move to an unknown place if they are safe and free where they belong. Those opposing the CAA know not the pain of the displaced. As they say Ja tan laagi, wa tan jane (Only wearer knows where the shoe pinches).

The whole world is going through a refugee crisis today. Muslims are mostly at the receiving end of it. But there are 52 countries that follow Islam and a displaced Muslim may find shelter there. But Hindus and Sikhs have no other place than India to turn to. In India, they can be sure that they won’t be asked to give up their religion.

In our case, seven generations prior to my family had lived in Afghanistan. Yet, when infighting in Kabul began to raise an ugly head, we were identified by our religion. We had always considered Afghanistan our own country, but the circumstances in 1993 forced us to change that opinion.

Those were difficult times. We made perilous journeys on trucks, first from Kabul to Jalalabad, and then to Peshawar, Lahore and finally to Amritsar. I was a rich businessman in Kabul but when we came to India as refugees, I had to start from selling tomatoes to earn a living.

We were around 9,000 people who fled together somehow on a dreadful night. However, through all this we never lost faith in God and it is our faith. With time, the tide has turned and my family now has a shop in Ganesh Nagar in West Delhi. And soon citizenship will be granted to us in India. Now our children can finally have decent jobs and access to many more facilities that we had.

Even before CAA, the BJP government had made our lives easier. Where earlier we had to get our visas renewed every two years, the current government extended the duration to 4-5 years.

As the current general secretary of the Khalsa Diwan Welfare Society (a 100-year old organization that was started in Afghanistan), we make sure that we give back to India as gratitude. We have undertaken the responsibility of education of around 600-700 underprivileged kids.

Many Afghanistan Muslims also have come to India as refugees to save their lives. Lajpat Nagar in Delhi is home to many Afghanistan Muslims and whenever we meet, we talk fondly of the country we left behind. We hope and pray that everyone around the world is safe and there are no refugees anymore.

Jamia Millia Islamia University

‘When Students Ask Questions, Govt Responds With Batons, Teargas’

Abu Mohammad, a first year student of Journalism in Jamia Millia University recounts how police chased them inside the campus and did not spare even girl students. Abu calls it a black day in the history for the university

December 15 will be counted as a Black Day in the history for Jamia Millia Islamia University and India as a whole. The scenes around the campus were horrific. The cries of my fellow female students are still ringing in my ears.

Let me recount how things unfolded Sunday. We had planned a peaceful protest against the discriminatory Citizenship Act and students had no intention to damage public property or pelt policemen with stones. After all, it is the right as well as the duty of the youth to question things that go against the fabric of our country. This is my firm belief that the CAA (Citizenship Amendment Act) is totally against the fabric of whatever India has stood for so far.

On Sunday, the students started gathering around 5 pm and raised slogans against the Act. We were told that police bandobast was heavy and they were keeping an eye of local involvement in the protest march lest things go out of hands.

You must realise that the location of JMU campus is such that it is located in the middle of densely populated residential colonies, some of them considered affluent while some less privileged.

Out of nowhere we heard some commotion. Policemen were charging towards the students threateningly with batons. The students were not prepared for any confrontation and were initially shocked, then fled for safety. I was at the Print Point, near the university library and when I saw students running towards the library, I also joined them. Before my friends and I could make sense of anything, the guards on duty alerted us that the library wasn’t safe anymore and a large police force was moving in.

We ran for our lives and found shelter in the PhD students’ library. However, the police started lobbing tear gas shells inside the library to smoke us out. At around 6.30, the suffocation became unbearable and many students, especially girls, fainted. Meanwhile, we received messages that policemen had misbehaved with girl students, female journalists, just about anyone they could target in the melee.

A student faints due to suffocation

They searched every nook and corner of university buildings, including washrooms. We decided to come out of the library and had to lift several fellow students who had fainted.

Once we gathered our sense, we realised that several of our friends were missing. We went about searching for those who could not be traced via mobiles. We kept on receiving videos from girls who said they were scared for their lives. I have been told that three girl students are still missing while some students are critical.

We had to leave our hostel suddenly and find accommodation anywhere we could manage. I managed to reach a friend’s place at around 10.30 PM and was still worried for a lot of my friends. Many of us had to leave our laptops and other valuables behind. Many students ran out without a penny in their pocket.

Classes have been suspended till January 5 and the semester has been pushed forward. I am from Kanpur and this is my first year in Mass Communication at the university. Without any hostel facility, the situation is pretty bad for many of us. The government thinks students target them but we question anyone who is in power, because they are answerable.

The government needs to understand that the spirit of questioning cannot be crushed so easily. It is part of the Indian society’s fabric to question things and our Constitution also allows us to ask difficult questions, albeit respectfully. And I feel the University authorities should have been better prepared. Universities like Jamia, Jawaharlal Nehru University, and Aligarh Muslim University have been effectively playing the role of the Opposition by posing difficult questions.

We are asking questions and we must be answered in words and not by police batons and teargas shells. Does this current government have no heart that they treat their own youth, defenceless students, in this manner?

(Name has been changed on request of the narrator. Pictures provided by Jamia Millia students)