
In India, the otherization of Muslims mines citizenship at the foundations: of exclusion, excesses and abdication

In December 2019, the Indian government passed a law that effectively seeks to render Indian Muslims stateless. The systematic exclusion of Muslims through such legislation cannot be seen in isolation but is the result of the protracted combination of deliberate executive actions with the silence of the Courts.
“Constitution is not a mere lawyers document, it is a vehicle of life, and its spirit is always the spirit of Age.” – Bhimrao Ramji Ambedkar The Citizenship (Amendment) Act (CAA) was passed on 12 December 2019 and came into force on 10 January 2020. The Act grants Indian citizenship to people of all religions (except Muslims), who have allegedly faced religious persecution in their home countries, namely Pakistan, Bangladesh and Afghanistan. The Indian government claims that this is a humanitarian legislation intended to benefit minorities coming from these Muslim countries. However, when combined with the National Population Register (NPR) and the National Register of Citizens (NRC), this law threatens the citizenship status of millions of Muslims in India. The United Nations Human Rights Office (UN OHCHR) and several international bodies have also stated that the CAA is fundamentally discriminatory in nature. In India, the judiciary has the powers of…
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