2021 STATELESSNESS AND THE CITIZENSHIP AMENDMENT ACT, 2019 185 Some revisionist arguments to Indian citizenship, most prominently by Abhinav Chandrachud,202 have attempted to provide an explanation to the modern resurgence of the ‘homeland for Hindus’ idea. Chandrachud submits that the 2019 Act is merely an extension of the Constituent Assembly’s debates at the time of and following Partition.203 In a nutshell, Chandrachud argues that the permit system204 enshrined in Articles 6 and 7 of the Indian Constitution created differential pathways to Indian citizenship for Hindu and Muslim 202 203 204 india-hindutva-constitutional-theocracy-caa> accessed 28 July 2021; Adnan Qaiser, ‘The Hindutva Itch: India’s Perverse Strategic Thought’ (South Asia Journal, 1 September 2018) <http://southasiajournal.net/the-hindutva-itch-indias-perverse-strategic-thought/> accessed 28 July 2021; Angana Chatterji and others, Majoritarian State: How Hindu Nationalism is Changing India (Harper Collins 2019); Martha Nussbaum, The Clash Within: Democracy, Religious Violence, and India’s Future (Harvard University Press 2009); Irfan Habib, ‘The Envisioning of a Nation: A Defence of the Idea of India’ [1999] 27 Social Scientist 18; Partha Mukherji, ‘The Indian State in Crisis? Nationalism and Nation-Building’ [1994] 43 Sociological Bulletin 21; Human Rights Watch, Violent Cow Protection in India: Vigilante Groups Attack Minorities (2019); Dilip Mandal, ‘Whose Ram Rajya does Ayodhya temple bring — Gandhi’s or Modi’s? Ambedkar Can Answer’ (The Print, 5 August 2020) https:// theprint.in/opinion/ram-rajya-ayodhya-bhoomi-pujan-temple-gandhi-modi-ambedkar/475024/ accessed 28 July 2021; Jeffrey Gettleman and Maria Abi-Habib, ‘As Protests Rage on Citizenship Bill, is India Becoming a Hindu Nation?’ (The New York Times, 16 December 2019) <https://www.nytimes.com/2019/12/16/world/asia/india-citizenship-protests.html> accessed 28 July 2021; Flavia Agnes, ‘The Abuse of India’s Triple Talaq Verdict’ (Al Jazeera, 4 September 2017) <https://www.aljazeera.com/opinions/2017/9/4/the-abuse-of-indias-triple-talaq-verdict> accessed 28 July 2021; Andrew Whitehead, ‘Article 370: India’s Move on Kashmir will Fuel Resentment’ (BBC, 5 August 2019) <https://www.bbc.com/news/world-asiaindia-49233608> accessed 28 July 2021. Chandrachud (n 27); Abhinav Chandrachud, ‘The Origins of Indian Citizenship’ (Bloomberg Quint, 26 December 2019) <https://www.bloombergquint.com/opinion/citizenship-amendment-act-the-unsecular-origins-of-indian-citizenship-by-abhinav-chandrachud> accessed 28 July 2021. Chandrachud (n 27); Bhatia (n 51); Ram (n 30); Hassan (n 133); Samrat Choudhary, ‘North East: NRC, CAA Open Healing Wounds’ (National Herald, 13 December 2019) <https://www. nationalheraldindia.com/india/north-east-nrc-caa-open-healing-wounds> accessed 28 July 2021; Mohamed Zeeshan ‘The Completion of Partition’ (Deccan Herald, 28 December 2019) <https://www.deccanherald.com/opinion/main-article/the-completion-of-partition-789345.html> accessed 28 July 2021; Kamran Siddiqui, ‘Indian Muslims are Partially Responsible for their Own Deprivation’ (The Quint, 21 February 2020) <https://www.thequint.com/voices/opinion/ indian-muslims-partition-secular-caa-nrc-protests> accessed 28 July 2021. The permit system was created at the western border for migrants coming to India from Pakistan. The intent behind the system were concerns over the property left behind by Muslim migrants because in their initial move to Pakistan, the Indian government had re-allotted the property to new refugee settlers. The Indian government worried that if the original Muslim inhabitants were allowed to return and reclaim their property, conflict would ensue between them and the new occupants. To specifically discourage these Muslim migrants from returning from Pakistan, a “permanent resettlement permit” was introduced, which was one of the five kinds of permits as in Chandrachud (n 27); Joya Chatterjee, ‘Partition Studies: Prospects and Pitfalls’ [2014] 73 Journal of Asian Studies 309; Manav Kapur, ‘Evacuee or Citizen? Minority Citizenship and Property Rights in 1950s India’ (The Leaflet, 28 January 2021) <https://www.theleaflet.in/evacuee-or-citizen-minority-citizenship-and-property-rights-in-1950s-india/#> accessed 28 July 2021; Jawaharlal Nehru, Constituent Assembly Debates Vol IX p 9.117.31 (12 August 1949) <https://www.constitutionofindia.net/constitution_ assembly_debates/volume/9/1949-08-12> accessed 28 July 2021.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents