Cecily Zamora
In 2019, India passed the Citizenship Amendment Act (CAA), a law that offers amnesty and a path to citizenship for non-Muslim illegal immigrants from neighbouring countries. The law has been deemed controversial and anti-Muslim by human rights groups and critics, who argue that it is part of a government plan led by Prime Minister Narendra Modi and his Hindu nationalist Bharatiya Janata Party (BJP) to marginalize Muslims and undermine India's secular foundation. The law's implementation has been delayed by widespread protests, with Muslims in India fearing that it could be used to deprive them of citizenship and leave them stateless.
| Characteristics | Values |
|---|---|
| Citizenship law | Offers amnesty to non-Muslim illegal immigrants from neighbouring countries |
| Provides citizenship to religious minorities from Pakistan, Bangladesh and Afghanistan | |
| Does not include Muslims, Rohingya Muslims, Hazara Shias, Tamil refugees from Sri Lanka, Tibetan Buddhists fleeing China's rule | |
| Does not cover Indian citizens | |
| Does not include Muslim refugees from non-Muslim countries | |
| Does not include Muslims in national register of citizens | |
| Does not include Muslims in the proposed national register of citizens | |
| Does not include Muslims in the Citizenship Amendment Act | |
| Does not protect Muslims from hate speech | |
| Does not protect Muslims from violence | |
| Does not protect Muslims from economic and social exclusion | |
| Does not protect Muslims from loss of life and injury | |
| Does not protect Muslims from destruction of property | |
| Does not protect Muslims from anti-conversion laws | |
| Does not protect Muslims from discrimination | |
| Does not protect Muslims from marginalization |
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What You'll Learn
The 2019 Citizenship Amendment Act (CAA)
The Citizenship Amendment Act, 2019 (CAA) was passed by the Parliament of India on 11 December 2019. It amended the Citizenship Act, 1955, by introducing a fast track to Indian citizenship for persecuted refugees of religious minorities from the Islamic countries Afghanistan, Bangladesh and Pakistan who arrived in India by 2014. The eligible minorities were listed as Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians. Notably, the law does not extend such eligibility to Muslims from these countries. The act also excluded 58,000 Sri Lankan Tamil refugees, who have lived in India since the 1980s.
The CAA was the first time that religion was overtly used as a criterion for citizenship under Indian law, and it attracted global criticism. The opposition attempted to filibuster the bill, but it was passed with 311 MPs voting in favour and 80 against. The bill was then passed by the Rajya Sabha (upper house) on 11 December 2019, by 125 votes to 105. The government, led by the Bharatiya Janata Party (BJP), stated that the law gives sanctuary to those fleeing religious persecution.
The CAA has been deemed anti-Muslim by critics, who argue that it is part of a government plan to marginalise Muslims. They claim that faith cannot be made a condition of citizenship, and that the law violates the secular principles enshrined in the constitution. The exclusion of Muslims from the act has sparked massive protests in India, resulting in the deaths of several protesters, injuries, damage to property, and the detention of hundreds of people. Opponents of the act also include several Indian states, which have refused to implement it.
The government has denied the allegation that the CAA is anti-Muslim, with editorial director of Swarajya magazine, R Jagannathan, stating that "the exclusion of Muslims from the ambit of the bill's coverage flows from the obvious reality that the three countries are Islamist ones, either as stated in their own constitutions, or because of the actions of militant Islamists, who target the minorities for conversion or harassment". The government has also asserted that no Indian citizen needs to worry, and that special provisions will be made to ensure that no Indian citizen from minority communities is victimised.
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Increased anti-Muslim sentiment under PM Modi
Since Prime Minister Narendra Modi came to power in 2014, there has been a notable increase in anti-Muslim sentiment in India. Modi's Bharatiya Janata Party (BJP) has long been accused of fostering religious intolerance and violence against Muslims. Human rights groups claim that attacks on minorities have become more brazen under Modi's leadership. There have been reports of Muslims being lynched by Hindu mobs, their businesses boycotted, homes and businesses bulldozed, and places of worship set on fire. Moreover, there have been open calls for the genocide of Muslims.
Modi and his BJP have been criticised for their divisive campaign of Hindu nationalism. The BJP's Hindutva ideology centres around the establishment of a strong Hindu state, relegating individuals of other religious traditions to second-class status. The party has repeatedly referred to Muslims as "infiltrators" and portrayed them as illegal migrants from neighbouring countries. This rhetoric was evident in a 2024 election rally speech by Modi, where he claimed that the opposition party would "gather all your wealth and distribute it among those who have more children [Muslims]." This statement was widely condemned as hate speech and accused of perpetuating harmful tropes about Muslims.
The BJP has also been responsible for implementing controversial policies that disregard the rights of Muslims and aim to marginalise them. One such example is the Citizenship Amendment Bill (CAB), passed in 2019, which offers amnesty to non-Muslim illegal immigrants from Pakistan, Bangladesh, and Afghanistan. Critics argue that this law is exclusionary, violates the secular principles enshrined in the constitution, and is part of a government plan to marginalise Muslims. The bill sparked massive protests across India, resulting in scores of deaths and arrests.
In addition to discriminatory policies, Modi's government has been accused of suppressing dissent and targeting Muslim protest leaders. One prominent case is that of Mr. Khalid, who has been jailed for four years without a trial for making anti-government speeches and participating in protest organisations. Activists claim that the government is using the judicial system as a weapon against adversaries, particularly those from the Muslim community.
The failure of law enforcement and justice systems to adequately address violence and hate speech against Muslims has further exacerbated the issue. Watchdog groups have cautioned that signs of genocide against Muslims are already manifesting in India. Despite the seriousness of the situation, Modi has largely stayed silent, which critics argue has enabled more hate speech and emboldened his extreme supporters.
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The marginalisation of Muslims
India's Citizenship Amendment Act (CAA), passed in 2019, has been criticised as being discriminatory towards Muslims. The Act provides a path to Indian citizenship for Hindus, Parsis, Sikhs, Buddhists, Jains and Christians who fled to India as refugees from neighbouring Afghanistan, Bangladesh and Pakistan before December 2014. Notably, Muslims are excluded from this pathway to citizenship. The Indian government, led by Prime Minister Narendra Modi, has defended the law as a humanitarian gesture, arguing that it aims to help religious minorities facing persecution in Muslim-majority nations. They deny that it is anti-Muslim.
However, critics argue that the law is part of a broader government plan to marginalise Muslims in India. They claim that the law, combined with a proposed national register of citizens, could be used to render many Muslims stateless. This fear is particularly acute for poorer Muslims who may lack the necessary documentation to prove their nationality. Furthermore, the exclusion of Muslims from the CAA's coverage has been criticised as a violation of India's secular constitutional ethos, with some arguing that faith cannot be made a condition of citizenship.
The implementation of the CAA sparked widespread protests across India, including in Delhi's Shaheen Bagh neighbourhood, where thousands of women, braving a harsh winter, held a months-long sit-in. These protests were met with violence, resulting in the deaths of dozens of people, mostly Muslims, and the injury of hundreds more. The Indian government responded to the dissent by arresting prominent protest figures, such as Mr. Khalid, who has been jailed without trial for four years.
Beyond the CAA, there are broader concerns about increasing anti-Muslim sentiments during Modi's tenure and under the governance of his Hindu nationalist Bharatiya Janata Party (BJP). The BJP's Hindutva ideology centres around the establishment of a strong Hindu state, relegating individuals of other religious traditions to second-class status. This has resulted in Muslims facing social and economic exclusion, violence, and destruction of property. Watchdog groups have cautioned that signs of genocide against Muslims have already manifested in India.
The Indian government has been accused of failing to adequately address this violence and of using the judicial system to suppress dissent, particularly among Muslims. There has been a rise in anti-Muslim hate speech, with gatherings targeting Muslims averaging one per day in the first half of 2023, mostly in states governed by the BJP. The government has also implemented other contentious policies that disregard the rights of Muslims, such as anti-conversion laws that disproportionately affect Muslim men in interfaith relationships.
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Failure of law enforcement to address violence against Muslims
Muslims in India are the largest religious minority, constituting 14% of the population. They have faced violence, harassment, and demonization for decades. Since the partition of India in 1947, there have been numerous instances of religious violence against Muslims. These incidents often take the form of violent attacks by Hindutva mobs, forming a pattern of sporadic sectarian violence between Hindu and Muslim communities.
The roots of this violence can be traced to several historical events, including resentment towards Muslim conquests during the Middle Ages, divisive policies implemented by the British colonial government, and the partition of India into a Muslim-majority Pakistan and a Hindu-majority India with a Muslim minority. The proliferation of Hindutva, a Hindu nationalist ideology, has also contributed to the rise in anti-Muslim sentiment.
The failure of law enforcement and justice systems to adequately address violence against Muslims has severe consequences. This inaction leads to economic and social exclusion, loss of life and injury, and destruction of property for the Muslim community. For example, during Ramadan in 2022, a hijab ban was implemented in the state of Karnataka, and a hateful Hindu Mahapanchayat (grand meet) was organized nationwide. The normalisation of violence against Muslims has made it increasingly difficult for the community to survive and thrive.
The right-wing nationalist BJP, which controls the government, has been accused of targeting Muslims with removal of citizenship, exclusion from legal protections, and government-fueled violence. The controversial Citizenship Amendment Bill (CAB), passed in 2019, offers amnesty to non-Muslim illegal immigrants from neighboring countries. Critics argue that this law is exclusionary and violates the secular principles enshrined in the constitution by making faith a condition of citizenship. The BJP's Hindutva ideology seeks to establish a strong Hindu state, relegating individuals of other faiths to second-class status.
Furthermore, under Prime Minister Narendra Modi's tenure, there has been an increase in anti-Muslim sentiments and contentious policies that disregard Muslim rights. Mr. Modi's government has been accused of using a draconian state security law to suppress dissent, with Muslim dissenting voices facing harsher consequences. The failure of law enforcement to address this violence enables a culture of impunity and further endangers the Muslim community in India.
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Anti-Muslim hate speech
India has witnessed a surge in anti-Muslim hate speech, with incidents averaging more than one per day in the first half of 2023, according to a report by Hindutva Watch. The report identified 255 instances of hate speech gatherings targeting Muslims, most prevalent in states governed by the Bharatiya Janata Party (BJP) and those with upcoming elections. This trend persisted into 2024, with anti-minority hate speech rising by 74% compared to the previous year, per the India Hate Lab report. The report identified 269 hate speech instances in May 2024 alone, the highest monthly count for that year.
The BJP, led by Prime Minister Narendra Modi, has been accused of employing divisive rhetoric and stoking anti-Muslim sentiments. Modi has referred to Muslims as "infiltrators" and expressed concerns about their population growth. The BJP's Hindutva ideology seeks to establish a strong Hindu state, relegating individuals of other faiths, particularly Muslims, to second-class status. This has resulted in Muslims facing economic and social exclusion, violence, and destruction of property.
The Indian government's controversial policies have contributed to the rise in anti-Muslim hate speech. The Citizenship Amendment Act (CAA), passed in 2019, offers amnesty to non-Muslim illegal immigrants from neighbouring countries, excluding Muslim migrants. This law sparked massive protests, with critics arguing that it is part of a broader government plan to marginalise Muslims and violate secular constitutional principles.
Additionally, anti-conversion legislation enacted in 2020 has disproportionately affected Muslims, with 14 out of 17 cases filed under this law related to relationships between Hindu women and Muslim men. The law challenges the constitutionally protected right to freedom of belief and has been used by vigilantes to intimidate and coerce Hindu women into leaving their Muslim partners.
The failure of law enforcement and the judicial system to adequately address violence and discrimination against Muslims has exacerbated the issue. Rights groups have accused the Modi government of mistreating Muslims, including the detention of protest leaders like Mr. Khalid, who was jailed without trial for four years. Watchdog groups have cautioned that signs of genocide against Muslims have already emerged in India.
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Frequently asked questions
The Citizenship Amendment Act (CAA) is a controversial law that offers amnesty and a path to citizenship for non-Muslim illegal immigrants from neighbouring countries.
The CAA has been deemed anti-Muslim because it excludes Muslim immigrants from neighbouring countries from its ambit, going against the secular principles enshrined in India's constitution.
The CAA has sparked widespread protests across India, with many Muslims fearing that it could be used to marginalize them and leave them stateless. There have also been reports of increased anti-Muslim sentiment and violence under Prime Minister Narendra Modi's government.
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