The recent notification of rules for the implementation of India's Citizenship Amendment Act (CAA) has sparked intense criticism from international bodies and human rights organizations, reigniting debates over its alleged discriminatory nature.
The United Nations, the United States, and Amnesty International have all raised concerns regarding the implementation of the CAA, citing its purported discrimination against Muslims and its potential violation of international human rights obligations.
A spokesperson for the Office of the UN High Commissioner for Human Rights described the CAA as "fundamentally discriminatory in nature" and raised questions about its compliance with international human rights law. Similarly, the United States expressed concerns over the notification of the CAA, emphasizing the importance of religious freedom and equal treatment under the law for all communities.
Amnesty International went further, denouncing the operationalization of the CAA as a blow to India's constitutional values of equality and religious non-discrimination. The organization's chair in India, Aakar Patel, condemned the law as bigoted and accused Indian authorities of disregarding widespread criticism from various quarters.
The CAA, enacted four years ago, aims to provide citizenship to Hindus, Parsis, Sikhs, Buddhists, Jains, and Christians allegedly fleeing persecution from India's Muslim-majority neighbours. However, its exclusion of Muslims from its provisions and concerns over its potential link to the National Register of Citizens (NRC) have sparked nationwide protests and violence.
In response to questions about why Parsis and Christians are eligible under the CAA while Muslims are not, Home Minister Amit Shah defended the law, citing the historical persecution faced by Hindus, Sikhs, and other minorities in neighbouring countries. Shah argued that it is India's moral and constitutional responsibility to provide shelter to those who suffered religious persecution in the past.
In an interview with news agency ANI, Shah was asked why the Act allows even Parsis and Christians - religions not born in India - to seek citizenship, but not Muslims. "That (area) is not a part of India today because of a Muslim population. It was given to them. I believe it is our moral and Constitutional responsibility to give shelter to those who were part of Akhand Bharat and suffered religious persecution," he replied.
Akhand Bharat refers to the concept of a united greater India spanning several modern-day countries, including Afghanistan, Bangladesh, Bhutan, India, the Maldives, Nepal, Myanmar, Pakistan, Sri Lanka, and Tibet.
Shah highlighted demographic shifts in Pakistan, Bangladesh, and Afghanistan, where he claimed minority populations have drastically decreased due to forced conversions and persecution. He stressed the need for India to offer refuge to persecuted minorities from these countries, emphasizing the concept of "Akhand Bharat" – a united greater India encompassing various territories.
Responding to queries about other persecuted communities, Shah maintained that the CAA specifically targets minorities from Pakistan, Afghanistan, and Bangladesh, who crossed the border without valid documents.
He asserted that even Muslims could apply for citizenship through existing constitutional provisions, with the Indian government considering applications based on national security and other factors.