Policy Center for the New South
Act 2019 is fundamentally discriminatory in nature36”.
The Office of the UNHCR hoped that the new law will
be reviewed by the Supreme Court of India and that
the court will carefully consider the compatibility of the
law with India’s international human rights obligations.
Deteriorating relations with bordering countries cannot
be ruled out. India’s relations with both Sri Lanka and
in particular Pakistan who has reacted predictably and
laughably, even passing a resolution against the CAA in
its parliament37.
Thus, the regional strategic environment is not going
to be very conducive for the India-Pakistan dynamic.
The endgame in Afghanistan will probably see greater
contestation between the two countries, in addition to
new alignments. The China factor will continue to loom
over South Asia, not just in the context of CPEC but
also the Indo-Pacific strategy. The more India hedges
China by engaging in the Indo-Pacific with the US and
its allies, the more Beijing will rely on Pakistan to keep
India unsettled. Even if India doesn’t play ball on IndoPacific, the Chinese are unlikely to stop leaning heavily
in propping up Pakistan against India, regionally and
globally. The US too will use Pakistan to focus India’s
attention on itself and its Indo-Pacific strategy38.
Policy Brief
Conclusion: The Poisonous Law
Since independence, India has disproved projections
that its democracy would crumble, by accommodating
its diverse set of many constituencies and their various
languages, ethnicities, castes and religions. While
the state can indeed frame its citizenship laws, this is
not absolute. There are a corpus of international legal
obligations and principles that place limits on the
types of laws that can be enacted. So to indicate that
a state has sole purview with no check on the manner
of its citizenship law is wrong. The sovereign right to
determine nationality is not absolute, and there are a
number of obligations a state needs to adhere to which
emanate from multiple sources, including a variety of
international treaties that India has committed to adhere
to. That’s why we wonder if the authorities of New Delhi
will apply the CAA in reality or is it just a post-electoral
populist decision.
36. Jeremy Laurence. Press Briefing on India. United Nations Human Rights
Office of the High Commissioner. December 13, 2019. https://www.ohchr.
org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25425&LangID=E
37. Sushant Sareen. Pakistan is fishing in troubled waters by protesting
against CAA. Observer Research Fondation. December 26, 2019. https://
www.orfonline.org/research/pakistan-is-fishing-in-troubled-waters-byprotesting-against-caa-59542/
38. Sushant Sareen. Yesterday once more: India and Pakistan relations
in the new decade. Observer Research Fondation. December 26, 2019.
https://www.orfonline.org/expert-speak/yesterday-once-more-india-andpakistan-relations-in-the-new-decade-59743/
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