The intersection of Indian citizenship amendment act 2019 and religious persecution

Abstract

This paper presents a comprehensive analysis of India’s Citizenship Amendment Act (CAA) of 2019, focusing on its origins, objectives, and far-reaching consequences, particularly concerning its alignment with the constitutional principles of secularism and equality. The CAA facilitates the acquisition of Indian citizenship for persecuted religious minorities from Afghanistan, Bangladesh, and Pakistan, explicitly excluding Muslims. This has sparked national and international debate over its potential to undermine the secular fabric of the Indian Constitution, particularly concerning Article 14, which guarantees equality before the law. Through a legal and constitutional lens, the paper critically examines the broader implications of the CAA on religious minorities, its intersection with the National Register of Citizens (NRC), and concerns about statelessness. Drawing on scholarly critiques, it explores the Act’s impact on India’s inclusive identity, the potential marginalization of minority communities, and the socio-political challenges posed by its implementation. The paper advocates for re-evaluating citizenship laws to align with India’s democratic principles, ensuring social cohesion and protection of human rights.