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.

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Publication Details

Journal
Discover Global Society
Published
2024-10-18
DOI
https://doi.org/10.1007/s44282-024-00108-x
Citations
5
Primary Topic
Migration, Refugees, and Integration
Type
article
Field-Weighted Citation Impact
5.66
Controls
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article

The intersection of Indian citizenship amendment act 2019 and religious persecution

D. Ananda
5 citations
Discover Global Society
Migration, Refugees, and Integration
5.66
article

The intersection of Indian citizenship amendment act 2019 and religious persecution

D. Ananda
article en
5 citations

Abstract

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.

Discover Global SocietyVol. 2(1)
Indira Gandhi National Open University (IN)
Peace, Justice and strong institutions, Reduced inequalities
Openalex Percentile: Top 4%
Migration, Refugees, and Integration
5.66
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