Executive Summary
India’s new citizenship regime under the stewardship of its freshly re-elected rightwing government has been deliberately exclusionary and non-secular. The insidiously
calibrated amendments to legislations pertaining to citizenship have taken a nefarious
turn in recent years. Any veneer of equality and non-discrimination has been shed. The
Supreme Court of India has played its part by providing judicial approval to government
actions, at every step and, is facing a credibility crisis.
Throughout 2019, the Government of India directed all states to prepare a National
Population Register (NPR) through door-to-door enumeration as a first step towards the
creation of the National Register of Indian Citizens (NRIC). This process, already
undertaken in the state of Assam under direct oversight from the Supreme Court, resulted
in 1.9 million Indians being excluded from the register. The exercise was marred by
arbitrariness, abuse of authority, and prejudice against the Bengali and Muslim
communities in Assam. Through this, and a parallel revision of voter lists, large number
of people have been potentially or already made stateless, with limited scope for review
through Foreigners Tribunals. The death toll and other human costs arising from this
citizenship process, also continues to rise. As the final prong of this troika, the Central
Government adopted the Citizenship Amendment Act (CAA) in December 2019 providing
a preferential route to naturalization for six religious minorities from Afghanistan, Pakistan
or Bangladesh residing in India since 2014. Widely believed to assuage non-Muslims by
providing a route to reinstating their citizenship, the message was clear - Muslims are
unwelcome, second-class citizens of India.
These legislations and their attendant processes are not only prima facie
discriminatory, they are profoundly persecutory and xenophobic in their implementation
and impact. They exacerbate deep-seated societal biases and feed the hypernationalistic narrative of a resurgent Hindu India by invoking a skewed history, acts of
violence, and dehumanization of the largest religious minority in the country. Through a
systematic and concerted effort by the Government of the day, Muslims face the threat of
being deprived of their citizenship – the gateway right to all other rights necessary for a
life of dignity.