2020 Statelessness & Citizenship Review 2(2) (Amendment) Act, 2019 (‘CAA’). 21 According to this Act, people belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from Afghanistan, Bangladesh or Pakistan can apply for Indian citizenship. However, this news report has been dismissed as ‘fake’ by a few Rohingya activists. Sabber Kyaw Min, founder of Rohingya Human Rights Initiative, a Rohingya led nongovernmental organisation based in New Delhi, asserted in a statement on Facebook: Rohingyas have nothing to do with CAA. Yes, there are 31 Rohingya families living in India who are Christians. This amounts to 180 individuals approximately. Rohingyas converted to Christianity in the years, 2002 and 2008. The majority of around 3000 Christian Rohingyas reside in Bangladesh and Burma. Hence, these rumours of Rohingyas converting to Christianity must be stopped by the media as this can cause harm to the image of the community. 22 The CAA is itself seen as controversial, opposing the secular fabric of the Constitution of India 1950 by granting citizenship on the basis of religion. Even if the Rohingyas were to convert to Christianity to seek citizenship under this Act, they would have to show the state of origin as Bangladesh and not Myanmar. However, it is doubtful that even then their application would be accepted. This is because the Indian government has officially labelled Rohingyas as ‘illegal immigrants’ who have not only infiltrated from the Rakhine state of Myanmar, but are also a burden to the state’s resources and infringe on the rights of Indian citizens. 23 Rohingyas continue to face religious discrimination and, thus, are not being accommodated as refugees within India. Their harsh treatment does not seem surprising because anti-Muslim violence, in general, has been growing in India. The violence reached its peak when communal riots broke out in the national capital earlier this year. It was also reported that the Delhi police itself was an accomplice in the use of force against Muslims who were peacefully protesting against the exclusionary faith-based citizenship law in February 2020. 24 TREATING ROOT CAUSES TO STOP THE STATELESS FROM COMMITTING CRIMES After surveying the context in which Rohingyas have committed the crime of fraudulently acquiring Indian identity documents, it becomes important to address the root cause of their lack of citizenship status. If such crimes have to be stopped, it is necessary that the Rohingyas living in India acquire citizenship rights through naturalisation where they satisfy the required conditions. This may require a 21 22 23 24 Citizenship (Amendment) Act, 2019, Law No 27 of 2019 (India); ‘Muslim, Rohingya Refugees Convert to Christianity to Take Benefit of the Citizenship (Amendment) Act’, The Economic Times (online, 24 July 2020) <https://economictimes.indiatimes.com/news/politics-andnation/muslim-refugees-become-christians-to-take-caa-benefit/articleshow/77117484.cms>. Rohingya Human Rights Initiative, ‘Stop False Rumors against Rohingya’ (Facebook, 23 July 2020) 0:43:00–1:42:00 <https://www.facebook.com/rohringya/videos/310269613360033/?vh=e&d=n> (authors translation). Advisory No 24013/29/Misc./2017-CSR.III(i) (n 12). See Six Months Since Delhi Riots, Delhi Police Continue to Enjoy Impunity Despite Evidence of Human Rights Violations, (Report, Amnesty International 28 August 2020) <https://amnesty.org.in/wp-content/uploads/2020/08/Final-Delhi-Report_AmnestyInternational-India-2.pdf>. 346