The Citizenship Amendment Act, 2019: A Religion Based Pathway to Indian Citizenship

Abstract

The passage of the Citizenship Amendment Act, 2019,(Act) has India’s secular values under scrutiny as the Act has created an ever-narrowing Indian pathway to citizenship. This amendment is seen as the first legal provision that begins to make India a homeland for Hindus. The Act grants Indian citizenship to persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities on grounds of religious persecution in Pakistan, Afghanistan and Bangladesh. The bill grants these specific groups to be granted citizenship if they have arrived in India before December 14, 2014. Furthermore, the CAA gives an expedited path to citizenship to these groups of people who belong to the particular religion required by the CAA. Leaving out Muslims in this Act makes it discriminatory and puts India's seculars values at risk. In Part I, this article will analyze the Citizenship Amendment Act, 2019 and its specific provisions. Part II and Part III will explore the Citizenship Amendment Act, 2019 under both International Human Rights Law and the Law of India. In Part IV, this article will explore the Citizenship Amendment Act in the context of Indian history and politics. Part V will explore various proposals to be considered in this situation.

Keywords: India, Citizen, Citizenship, CAA, CAB, Citizenship Amendment Act, Hindutva, Modi, Sri Amit Shah, Assam, NRC, Muslim, Hindu, Religious Minorities, BJP, Religious Freedom in India, Secularism, Nationality