Is Citizenship (Amendment) Act, 2019 against Muslims?

The fundamental criticism of the Citizenship Amendment Act, 2019 has been that it specifically targets Muslims. This article tries to explain key aspects of this criticism.

It is being said that it fails to allow Muslims from our neighbour countries (Pakistan, Afghanistan, Bangladesh and Myanmar), who also face persecution, to apply for citizenship. Let us understand how it is not the true.

• Ahmediyas and Rohingyas:
  • If they enter India with valid travel documents, they can still seek Indian citizenship through naturalization.
• Shia Muslims
  • If they are facing persecution and seeking shelter in India, their case to continue to reside in India as a refugee shall be considered on its merits and circumstances.
• Balochi refugees:
  • Including Balochis in the CAA could be perceived as interference in Pakistan’s internal affairs as they have long history of their struggle for independent Baluchistan against Pakistan.

Thus CAA does not exclude Muslims from neighbour countries to apply for Indian citizenship. They can still apply for the citizenship in the same way singer Adnan Sami, for example, applied.

Also, according to Harish Salve (one of India’s biggest names in national and international law), the Citizenship Amendment Act is not anti-Muslim.

• Harish Salve stated that the countries specified in the CAA have their own state religion. They also have their own Islamic rules. He added that Islamic majority nations identify their people as per who follows Islam and who does not. Addressing governance problems in neighboring countries is not the purpose of the CAA.
• Over the issue of Rohingyas, Harish Salve stated that a law that addresses one evil does not need to address all the evils in all countries. It is notable here that Myanmar, though a Buddhist majority nation, does not have a state religion and Myanmar does not feature in CAA.

Hence we should understand that CAA, 2019 is an act to grant Indian Citizenship, not to snatch it. We should keep ourselves away from unnecessary criticism.