India: Anti-Muslim Citizenship Amendment
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India: Anti-Muslim Citizenship Amendment
SAYRA RAFIUZZAMAN • POLICY ANALYST • 2 OCTOBRE 2020
Women attending the Shaheen Bagh Protest
Summary
Prime Minister Modi’s government intends to assemble a National Register of Citizens (NRC) across India.
Along with this, the Citizenship Amendment Act (CAA) or Citizenship Amendment Bill (CAB) 2019, has created
a situation in which the Muslim minorities and document-less minorities of India may be deprived of citizenship
and rights (Shankar, 2020). This affects women minorities in particular, risking displacement in mass numbers
(Bhowmick, 2020). Currently there are four ways to obtain Indian citizenship: birth, descent, registration and
naturalization (Shankar, 2019). However, due to
socio-economic restrictions, many women do not have access to birth certificates or paperwork, leaving them
at risk of being stripped of their Indian identity (Bhowmick, 2020).Background
The Citizenship Amendment Bill which was passed into legislation at the closing of 2019 has left India with
widespread protests. The bill fast tracks citizenship for immigrants of three neighboring countries: Bangladesh,
Afghanistan, and Pakistan. This process is open for minorities who may face persecution based on religious
beliefs in these countries. The range covers Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians. However, it
excludes Muslims, even minorities sectarian Muslims who are widely persecuted, such as Shia and Ahmadiyya
Muslims (PTI, 2020).
While the Bharatiya Janata Party (BJP) claims this amendment is beneficial in the race to protect minorities, it
is important to note that it is unconstitutional as it targets only particular groups, based on religion. It does not
provide an equal opportunity for all individuals based on minority status or asylum need (PTI, 2020). It also
marginalizes India’s Muslim community which has consistently faced ongoing injustices under reforms of the
BJP government. Women, in particular, face an intense threat on their citizenship under CAB-19, potentially
stripping Indian citizenship and leaving them and their children displaced (Bhowmick, 2020).
IN DIAN C O N S T IT U T IO N & C IT IZ EN S HIP
The Indian Constitution was implemented in 1950, guaranteeing citizenship to the country’s residents. Under
the constitution, there were no distinctions on the basis of religion of the residents of the country. When the
constitution was promulgated, four categories of persons were identified as eligible for citizenship, noted
under Articles 5 and 8 (Jain, 2019):
I. Article 5: Citizenship by Domicile
II. Article 6: Citizenship of Migrants to India from Pakistan
III. Article 7: Citizenship of Migrants of Pakistan
IV. Article 8: Citizenship of Indian Origin Residing Outside India
Each article outlines particular points by raising figures such as familial relations, number of years in India, or
year entered in India. As the term ‘citizen’ had not been properly defined the Citizen Act of 1955 added more
detail for those who would be identified as citizens. This act included citizenship by birth, naturalisation, and
etc. Furthermore, under India’s constitution, Articles 13, 14, 15, 16 and 21 deal with equality and freedom
rights (UPR, 2012). These articles protect Indian citizens with secular protection for all. The articles guarantee
the right to equality and non discriminatory treatment by the Indian state. Though it seeks to grant citizenship
to religious minorities, CAB-19 isolates individuals on the basis of religious identity as well (Jain, 2019).
2WOMEN: IMPACT
As women have taken the streets to demonstrate against the bill, they have been met with various abhorrent
conditions. Union Minister, Anurag Thakur has campaigned against protestors calling for them
to be shot. In addition, a BJP Minister has utilized the protests to incite hate against women protesters, stating
the nation should think carefully about voting for a party, as these protesters will enter homes and rape
women, though the protesters are largely women (Scroll, 2020). Following this, many chanted violent rhetoric
to the protesters (HRW, 2020).
The bill systematically disadvantages women, particularly Muslim women in the State (Bhowmick, 2020). It has
also translated into police brutality and gender based violence. Additionally, it raised questions about women
and their futures within the country. The bill can potentially displace women on the basis of their religion.
Additionally, it prevents certain women who face ongoing persecution from the listed neighboring countries
from being granted the fast-track citizenship.
PRO TESTS, PO LICE B RU TALITY , AND G B V
Peaceful demonstrations were spearheaded by women across the country (The Indian Express, 2020). As they
demonstrated opposition to CAB-19, they were met with violent crackdowns. Police officers entered university
campuses and injured hundreds of protesters. Students were beat with batons, fired on with tear gas, and
even shot by officers. Jamia Millia Islamia University’s majority-Muslim student body is one such campus which
was met with violence. Police officers stormed into girl’s hostels in a forceful attempt to end protests. They
had yelled degrading slurs, a form of gender based violence, to the female students as they chased them into
a library in which the young women took refuge from police brutality. Reports of sexual abuse have been
mentioned againt female protestors by officers on campus (Samuel, 2019).
Most notoriously, the Shaheen Bagh protests were carried out by women. The women activists ranged from
elderly to young girls who continued peaceful demonstrations and sit-ins. This lasted for 101 days until removal
due to the Coronavirus pandemic (The Indian Express, 2020). Mainly consisting of Muslim women, the
protestors had increased in numbers and blocked roads in New Delhi (Bhowmick, 2020). Petitions had been
filed to remove the women from the protests. Additionally, the Supreme Court had hired two senior advocates
to persuade the women to end their protesting (The Indian Express, 2020).
W O M EN F AC IN G PERS EC U T IO N
So far the government has responded to women protesters with police brutality and various forms of gender
based violence, such as verbal abuse. Additionally, the government had repeatedly tried to remove the women
from exercising their right to protest (The Indian Express, 2020). While this bill’s focus is on minorities who are
entering or require refuge in India, it impacts women, namely Muslim women in two different ways. Both
forms are both forward as an impact from the discriminatory rhetoric of both the bill and the government
which promotes it.
3The limits its coverage to non-Muslim refugees from Bangladesh, Afghanistan, and Pakistan who moved to
India before 2015. However, various Muslim women in these countries face persecution and GBV. For example,
Hazara Shia Muslims of Afghanistan. The Taliban has consistently targeted this group of Muslims, and genocide
of this community is widespread. Many women have been under attack. They have also been widowed and
left resourceless to raise their children alone (Kapila, 2019). Additionally, large refugee populations, such as
Rohingya Muslims are not covered under this bill (PTI, 2020). While
the Rohingya women have high records of GBV and live in dire conditions, even in host countries, they are now
further disadvantaged as this process discluded them entirely.
N P R & N RC
The government had propelled a nationwide citizenship verification process through a National Population
Register (NPR) and a proposed National Register of Citizens (NRC). The citizenship amendment, coupled with
the NPR and NRC, threatens displacement for Muslim women in India . The aim is to identify “illegal migrants”
within the country. While many families have lived within the country for generations, they may potentially be
stripped of their citizenship rights (HRW, 2020).
The NRC had been implemented in Assam, a northeastern state of India. The authorities in charge had accused
residents of having entered illegally from the neighboring country, Bangladesh. However, the surge of
migration to Assam happened during the British colonial rule. The target of the process was Bengali Muslims,
which led to abuse and bias on the community. It striped, and may potentially again strip children and women
of their homes in India (Shankar, 2020). This raised concerns for the Muslim women in the nation as it may
lead to a similar process for them nationwide, with the new bill. Additionally, it affects women who are of a
lower socio-economic bracket. Most Muslim women do not have access to their birth certificate or paperwork
due to their socio-economic conditions. Due to this, they are unable to prove their citizenships. This places
Muslim women in the stakes of being displaced (Bhowmick, 2020).
Policy Recommendations
• Removal of the citizenship bill to align with the constitution’s secular principles.
• Define the term ‘citizen’ as part of a constitutional amendment. 3. Create collective measures to
ensure equality before the law to protect all in an equitable manner within the nation along with
protection from displacement due to socio-economic conditions.
• Develop laws and accountability methods for police brutality and discriminatory campaigns by
ministers.
• Construct pathways for persecuted minorities of all faiths from neighboring countries to gain
citizenship as part of the citizenship bill.
4References
Bhowmick, Nilanjana. “India's New Laws Hurt Women Most of All.” Foreign Policy. Foreign Policy, February 4, 2020.
https://foreignpolicy.com/2020/02/04/india-citizenship-law-women/.
“India Annex II.” Geneva: UPR-info, May 13, 2012.
Jain, Shruti. “Explained: The Nuts and Bolts of Indian Citizenship.” The Wire. The Wire, December 19, 2019.
https://thewire.in/rights/india-citizenship-constitution.
Kapila, Siddharth. “These Are Some of the Refugees That India's CAA Is Turning Its Back On.” The Wire, December 22,
2019. https://thewire.in/rights/caa-india-refugees.
PTI. “Why Rohingya, Ahmadiyya Muslims Not Covered under CAA? Karat Asks.” The Economic Times. Economic Times,
February 18, 2020. https://economictimes.indiatimes.com/news/politics-and-nation/why-rohingya-ahmadiyya muslims-
not-covered-under-caa-karat-asks/articleshow/74186741.cms?from=mdr.
Samuel, Sigal. “India's Students Are in Full Revolt against a New Citizenship Law That Excludes Muslims.” Vox. Vox,
December 16, 2019. https://www.vox.com/future-perfect/2019/12/16/21024306/india-protests-muslim-citizens hip-
amendment-bill.
“Shaheen Bagh's 101-Day Protest: Timeline of Sit-in against CAA.” The Indian Express, March 24, 2020.
https://indianexpress.com/article/cities/delhi/shaheen-bagh-protests-cleared-timeline-caa-delhi-coronavirus-6328911/.
“Shaheen Bagh Protestors Will 'Rape Your Sisters and Daughters', Says BJP MP on Women-Led Protest.” Scroll.in. Scroll.in,
January 28, 2020. https://scroll.in/latest/951341/shaheen-bagh-protestors-will-enter-houses-rape-sisters-and
daughters-claims-bjp-mp-parvesh-verma.
Shankar, Soumya. “India's Citizenship Law, in Tandem With National Registry, Could Make BJP's Discriminatory Targeting
of Muslims Easier,” January 30, 2020. https://theintercept.com/2020/01/30/india-citizenship-act-caa-nrc-assam/.
“‘Shoot the Traitors,’” June 16, 2020. https://www.hrw.org/report/2020/04/09/shoot-traitors/discrimination-against-
muslims-und er-indias-new-citizenship-policy.
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