The Citizenship (Amendment) Act 2019 has no leg to stand on

A poster during the protest against the Citizenship (Amendment) Act in New Delhi on 19th December 2019. Photo courtesy: Shuddhabrata Sengupta

Can a secular state grant citizenship selectively based on religion? The most ominous implication of the Citizenship (Amendment) Act, 2019 (CAA) emerges when it is read along with the possibility of an India-wide National Register of Citizens (NRC). Muslims are a 200-million strong minority in India. A failure to prove citizenship on account of loss of documents or a lack of them will mean a loss of citizenship for this minority. We must remember that India is a woefully undocumented country. The poor, the landless, and those on the margins, have neither the resources to procure documents nor a sympathetic State to hold their hand. The specter of statelessness looms on the horizon for a large section of the population. In the current political climate such undocumented people will also have to face the ire of public opinion which has been systematically poisoned by the BJP through persistent use of terms like “termites” and “infiltrators”. The Citizenship (Amendment) Act, 2019 and the National Register of Citizens are twin weapons of whipping up communal frenzy, reducing Muslims to prospective second-class citizens in their own country. The BJP understands the explosive potential of these legislative and administrative tools and it will leave no stone unturned to milk them for all their worth. The Citizenship (Amendment) Act, 2019 is parochial and it is not based on “intelligible differentia” which is a necessary requirement for all classification under Article 14 (Right to Equality) to stand the test of judicial scrutiny.

A poster during the protest against the Citizenship (Amendment) Act in New Delhi on 19 December 2019. Photo courtesy: Shuddhabrata Sengupta 1 At the stroke of the midnight hour when the world slept, India rudely awoke to pestilence and bigotry. A moment comes, which comes but rarely in history, when we step out from the good into the bad, when an age ends, and when the soul of a nation is gouged out from its bone and flesh, when its spirit is finally smothered. I apologize for mutilating this radiant phrase, borrowed from Jawaharlal Nehru, to sound the death-knell of our Republic as it once stood in the moment of its creation and as we have known it in the last 70 years. The Citizenship (Amendment) Act, 2019 (CAA) is what has caused this tilt away from our constitutional and civilizational moorings. Isn’t it a cruel quirk of fate that…


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