>"Critics say a law that uses religion as a criterion for citizenship
violates the secularism embraced by the country’s founders. The law, which
Modi delayed implementing over the unrest it prompted, has stoked fears of
the potential for a broader effort to strip citizenship from Muslims in
India who lack documents."

>"At the time [in 2019], the U.N. Commissioner for Human Rights had called
the act 'fundamentally discriminatory in nature and in breach of India’s
international human rights obligations.'”

>"The government is seeking 'polarization and distraction,' Sanjay Hegde, a
lawyer who argues cases before India’s Supreme Court, said
<https://www.youtube.com/watch?v=lNod9ajtDTg&ab_channel=MojoStory> in an
interview with journalist Barkha Dutt on Tuesday.


'Fundamentally, this is the objection to the CAA: That we are a country
which does not have a preferred religion or a despised religion,' Hegde
said."
--------------------------
By: Karishma Mehrotra, Sammy Westfall, Gerry Shih
Published in:* The Washington Post*
Date: March 12, 2024


India’s government moved abruptly Monday to implement a citizenship law
that excludes Muslims from a naturalization fast track. It stoked massive
protests and deadly riots when it passed in 2019.


The move came weeks ahead of a national election in which Prime Minister
Narendra Modi is set to seek a third term.


The Citizenship Amendment Act provides non-Muslims from neighboring
countries with a path to Indian citizenship. It applies to asylum claims
filed by Hindus, Sikhs, Parsis, Buddhists, Jains and Christians from
Pakistan, Afghanistan and Bangladesh who fled to the Hindu-majority India
before 2015 — but not Muslims, who make up a majority in the three
countries.


[Modi’s consecration of controversial Hindu temple caps years-long campaign
<https://www.washingtonpost.com/world/2024/01/22/hindu-temple-ayodhya-india-modi/?itid=lk_interstitial_manual_6>
]

Critics say a law that uses religion as a criterion for citizenship
violates the secularism embraced by the country’s founders. The law, which
Modi delayed implementing over the unrest it prompted, has stoked fears of
the potential for a broader effort to strip citizenship from Muslims in
India who lack documents.


The announcement by Modi’s government that it would begin to enforce the
act nationwide drew cheers from Hindu nationalist groups in India and
abroad. The groups see the law as a step in making India a sanctuary for
Hindus and lending the Indian state a more explicitly religious character.
The unrest so far has been relatively limited, compared with the bloodshed
that erupted in 2019 over the measure.


During the protests four years ago, videos spread online of police
assaulting students in a library at a Muslim-majority university in New
Delhi. Two months later, deadly riots erupted as then-President Donald Trump
<https://www.washingtonpost.com/donald-trump/?itid=lk_inline_manual_11> visited
the city. More than 50 people died, and more than 100 of those detained are
still in jail, according to local media reports.


[India’s new citizenship law sparks anger and unrest
<https://www.washingtonpost.com/world/asia_pacific/indias-new-citizenship-law-sparks-anger-and-unrest/2019/12/13/ba95141a-1d91-11ea-977a-15a6710ed6da_story.html?itid=lk_interstitial_manual_12>
]

The upheaval left the law’s fate in limbo. At the time, the U.N.
Commissioner for Human Rights had called the act “fundamentally
discriminatory in nature and in breach of India’s international human
rights obligations.”


In southern Tamil Nadu state, many ethnic Tamils have decried the
fast-track program’s exclusion of Tamil Muslims who fled Sri Lanka. State
leader M.K. Stalin, who hails from a Tamil political party, called the act
divisive and said his state would not implement it. In northeast India’s
Assam state, protests broke out over fears that a sudden influx of
non-Muslim migrants from neighboring Bangladesh might change the local
cultural fabric. On university campuses in New Delhi, which were hotbeds of
protests in 2019, dozens of students were detained, largely as a preemptive
measure, by police.


Amit Shah, Modi’s right-hand man and the powerful home minister who is set
to oversee the program, argued that the act would only provide a home to
those who are persecuted, not take citizenship away from others.


Opposition parties in the country have criticized Modi for ushering in the
new act just before the election and accused his ruling Bharatiya Janata
Party (BJP) of using divisive measures to appeal to Hindu voters. The BJP
is widely expected to win in national elections to be held between April
and May.


The government is seeking “polarization and distraction,” Sanjay Hegde, a
lawyer who argues cases before India’s Supreme Court, said
<https://www.youtube.com/watch?v=lNod9ajtDTg&ab_channel=MojoStory> in an
interview with journalist Barkha Dutt on Tuesday.


“Fundamentally, this is the objection to the CAA: That we are a country
which does not have a preferred religion or a despised religion,” Hegde
said.

Karishma Mehrotra is the South Asia correspondent for The Washington Post.
She was previously a Fulbright fellow and has written or worked for
Radiolab, the Wall Street Journal, CNN, the Indian Express, Scroll.in, and
Bloomberg Businessweek.

Sammy Westfall is an assistant editor on The Washington Post's Foreign desk.
  <https://twitter.com/@sammy_westfall>

Gerry Shih is the India Bureau Chief for the Washington Post, covering
India and neighboring countries.

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