2021
Statelessness & Citizenship Review
3(1)
Pakistan, Bangladesh and India as India’s responsibility. Conversely, it ring fences
both Muslims and Muslim majority nations in the Indian subcontinent as both
uniquely foreign and difficult to integrate in present-day India. Indeed, by only
confining itself to Pakistan, Bangladesh and Afghanistan, the CAA ignores
‘problematic’ communities like the mainly (but not exclusively) Muslim Rohingya
in Myanmar and both Hindu and Muslim Tamil citizens in Sri Lanka. Rather than
being seen as part of the ‘rise’ of the Hindu right, I use archival and constituent
assembly sources to argue that this harks back to the polyphonous and complex
process(es) of making and unmaking citizens and nationals that followed British
India’s Partition, and the different ways in which they operated on the eastern and
western frontiers of India.
On the western border, only a few people can now take advantage of the CAA.
Afghanistan’s total Hindu and Sikh population is less than 1,500 people; most
Hindus and Sikhs have left since 1979. The vast majority of non-Muslims moved
out of what was then West Pakistan within the first year of Independence. As of
2017, Hindus and Sikhs comprise 1.85% of Pakistan’s population, chiefly
concentrated in Southern Punjab and Sindh. 8 The Sikh population of Pakistan is
even smaller — only about 40,000 Sikhs live in Pakistan; in fact they did not even
constitute a separate group in the 2017 census. 9 Most sources suggest that the
annual migration of Pakistani Hindus to India is only a few thousand, 10 though
this has significantly increased in the last few years. 11 These comparatively small
numbers belie their immense symbolic importance in political discourse,
especially when articulated in terms of the ‘responsibility’ of the Government of
India for hapless minorities. 12
Like much else about India’s Partition, the eastern flank suggests a different,
and more complicated, story. Wary of their experiences on the western border,
both India and Pakistan resisted a complete population transfer on the eastern
flank. This allowed Hindus and Muslims to migrate into India through the ‘halfopen’ border in the East. As I will show, both the provincial (East Bengal, West
Bengal and Assam) and central governments had differing approaches to this
migration, subject to their own exigencies. As the politics around the National
Register of Citizens in Assam shows, the question there is both ethnic and
religious. For the Central Government, however, there is no contradiction seen
between expediting citizenship to subcontinental minorities and simultaneously
taking a hard-line on Muslim migrants from Bangladesh. Rather, these are viewed
as part of the same project.
8
9
10
11
12
‘Pakistan: Population by Religion as per the 2017 Census’, Pakistan Bureau of Statistics
(Web Page)
<https://www.pbs.gov.pk/sites/default/files//tables/POPULATION%20BY%20RELIGION.
pdf>.
Yudhvir Rana, ‘Sikhs Included in Pakistan’s Census: Lawyer Says One Down, Many to
Go’, Times of India (online, 13 May 2014)
<https://timesofindia.indiatimes.com/city/amritsar/sikhs-included-in-pakistans-censuslawyer-says-one-down-many-to-go/articleshow/57967860.cms>.
Irfan Haider, ‘5000 Hindus Migrating to India Every Year, NA Told’, Dawn (online, 13 May
2014) <https://www.dawn.com/news/1105830>.
Anushree Fadnavis, ‘Living on the Edge:, Pakistani Hindus Still Feel Safer in India’,
Reuters (online, 16 June 2020) <https://www.reuters.com/article/us-refugee-day-indiacitizenship/living-on-the-edge-pakistani-hindus-still-feel-safer-in-india-idUSKBN23N3IL>.
Niraja Gopal Jayal, Citizenship and Its Discontents: An Indian History (Harvard University
Press 2013) 85.
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