India’s Citizenship (Amendment) Act CAA, however, bars them from citizenship or even refugee status. On the contrary, the Government of India, unwittingly using language similar to the Foreigners Order 1948 which led to the permit system, has cited ‘compelling’ arguments of national security and the threat of an ‘organised and well-orchestrated influx of illegal immigrants’ based on unspecified ‘reports from intelligence agencies’ to commence deportations. The Supreme Court of India has acquiesced in this, claiming that there is no customary international law obligation preventing nonrefoulment, in contravention of earlier decisions, and that ‘they cannot comment on something happening in another country’. 175 Indeed, by confining the applicability of the CAA to Muslim-majority countries in South Asia, the CAA is unable to help even Hindu Rohingya refugees, despite the fact that their Myanmarese identity cards give their race as Indian. 176 As I finish my final revisions on this article, Kabul has fallen to the Taliban. Videos from the airport show desperate Afghan citizens — largely, one imagines, Muslim — attempting to flee. Had the CAA not been inflected with the ghosts of India’s Partition, even three quarters of a century after the event, a neutral refugee law or liberal citizenship regime could have been leveraged to support these persons. 175 Mohammad Salimullah v Union of India (Supreme Court of India, Bobde CJI, Bopanna and Ramasubramanian JJ, 8 April 2021) 5. 176 Hindu Rohingyas seem caught in a bind. Even though they are recognised as Myanmarese citizens, their Rohingya identity makes them suspect in the eyes of Myanmarese officials. They have a fraught relationship with Muslim Rohingyas, which necessitates them being kept under armed guard in camps in Bangladesh, often at some distance from other camps: Vidya Krishnan, ‘Hindu Rohingya Refugees Also Wait For a Home’, The Hindu (online, 1 July 2018) <https://www.thehindu.com/news/international/hindu-rohingya-refugees-also-waitfor-a-home/article24301661.ece>; see also Vidya Krishnan, ‘These Rohingya Refugees Actually Want to Return to Myanmar: The Difference is They’re Hindu’, Los Angeles Times (online, 6 January 2019) <https://www.latimes.com/world/la-fg-bangladesh-rohingyahindus-20190105-story.html>. 235

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