Policy Brief
Policy Center for the New South
records. The Islamic Waqf Board, an elected legal body
that oversees Sunni Islamic properties endowed for
religious or charitable purposes, argued that there is
no proof that a temple was ever destroyed to build
the mosque, but stated that they respect the Supreme
Court’s decision. However, the group of Hindu monks
called Nirmohi Akhara, claimed the land in its entirety
and asked for the right to build a temple there. The Hindu
dieties Ram Lalla Virajman have also claimed that: “the
deity of Lord Ram has jurisdictional rights and as such
its right could not be divided and the entire piece of land
should be handed over to the deity20”.
Now, some wonder how long it will be until civil code
is imposed. Indeed, Muslims in India are the world’s
largest minority, and if they were a country, they would
be the seventh-most populous in the world. But in the
political imagination of Hindu nationalism they are seen
as a threat. The Modi government is likely to table a
Uniform Civil Code Bill21, which mandates implementing
a common set of laws for all Indian citizens irrespective
of their faith and abolishing Legal Pluralism: “Currently,
India has separate marriage, property and adoption rules
for people from different religions, but a code would
wipe those out. That particularly worries the Muslim
community, as it could mean that Sharia Law no longer
governs their marriage, inheritance and succession
rights22”. Certainly, Modi’s promise of economic reforms
while restoring traditional Indian values to whom, but
Indian leaders also promoted religious nationalism,
and the UCC Bill is part of the BJP party outlook for
“one India”. The editor Kapoor’s about the health of the
world’s biggest democracy concerns are broader: “I think
it’s bad for democracy. Especially the secular democracy
we were brought up on, we were told it would be fair
to minorities, fair to everybody…the government has a
clear idea about where they want to take India and it has
nothing to do with secularism23”.
20. Helene Regan, Swati Gupta and Manveena Sura. Hindus allowed to
build on disputed holy site, India’s Supreme Court rules. CNN. November
9, 2019. https://edition.cnn.com/2019/11/08/asia/ayodhya-disputeindia-ruling-intl-hnk/index.html
21. Uniform Civil Code by 2020? Modi government likely to table UCC
Bill in parliament in December 2019. October 09, 2019. https://www.
timesnownews.com/india/article/uniform-civil-code-by-2020-modi-govtlikely-to-table-ucc-bill-in-parliament-in-dec/501855
22. Manveena Sura. In Secular India, it’s getting tougher to be Muslim.
November 20, 2019. CNN. https://edition.cnn.com/2019/11/19/asia/
india-muslim-modi-intl-hnk/index.html
23. Manveena Sura. In Secular India, it’s getting tougher to be Muslim.
November 20, 2019. CNN. https://edition.cnn.com/2019/11/19/asia/
india-muslim-modi-intl-hnk/index.html
www.policycenter.ma
The International Community’s
Reaction to the Citizenship
Amendment Act
There has been international condemnation of India
over the CAA. In the United States, a US federal panel
on religion has urged the United States administration
to consider sanctions against India’s Minister of
Home Affairs Amit Shat, who said in 2018 that Muslim
immigrants and asylum seekers from Bangladesh were
termites and promised to rid India of them if New Delhi
adopted legislation that provides a path to citizenship
for religious minorities from its neighbors, but excludes
Muslims. In another statement, the US Commission
on International Religious Freedom reiterated similar
concerns over the legislation, saying the then act:
“enshrines a pathway to citizenship for immigrants that
specifically excludes Muslims, setting a legal criterion for
citizenship based on religion24”. This commission raised
concerns over the proposed legislation even before it
was endorsed by the Rajya Sahba (India’s upper house).
It conceived of the bill as using religion as a pathway
to citizenship to be against the core tenet of “religious
pluralism”. Describing the bill as a “dangerous turn in the
wrong direction25”, the American commission maintained
that the bill undermined “the most democratic tenet26”
and to demand sanctions against “Amit Shah and other
principled leadership27”. Alongside the US Commission
on international Religious Freedom, the US Ambassadorat-large for International Religious Freedom, and the
House Foreign Affairs Committee similarly expressed
their concern about the law28. However, Donald Trump
during his visit in India last February, nevertheless
hailed Modi as a defender of religious freedom: “we did
talk about religious freedom, and I will say that the prime
minister was incredible on what he told me. He wants
24. United States Commission on International Religious Freedom.
December 9, 2019. https://www.uscirf.gov/news-room/press-releasesstatements/uscirf-raises-serious-concerns-and-eyes-sanctions
25. Prithvi Iyer. Analyzing global response to the controversial Citizenship
Amendment Act. Observer Research Foundation. December 26, 2019.
https://www.orfonline.org/expert-speak/analyzing-global-response-tothe-controversial-citizenship-amendment-act-59529/
26. Ibid
27. Ibid
28. Harrison Akins, The Citizenship Amendment Act in India. United
States Commission on international Religious Freedom. February 2020.
https://www.uscirf.gov/sites/default/files/2020%20Legislation%20
Factsheet%20-%20India_0.pdf
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