2021 STATELESSNESS AND THE CITIZENSHIP AMENDMENT ACT, 2019 181 Second, the 2019 Act assumes the absence of intra-religious persecution. For instance, Ahmediyyas and Balochis are Muslims but face religious persecution in Pakistan.173 Third, unlike the 1951 Convention,174 the 2019 Act identifies persecution solely on religion.175 However, South Asia is rife with other forms of persecution as well; for instance, Tibetans in China faced political persecution.176 Unsurprisingly, the Indian state has hitherto failed to convince the entire populace regarding the utility of the 2019 Act, given its inability to address the needs of refugee groups who are excluded from its ambit.177 Finally, the LTV Guidelines were amended to mirror the 2019 Act, defining eligible applicants along religious lines.178 Interestingly, the LTV Guidelines also create additional benefits to eligible applicants like allowances to move freely in most parts of the country,179 get Permanent Account Number cards (required for Indian income tax purposes) and Aadhar numbers (necessary for identification purposes and availing government as well as certain private services).180 Most crucially, possession of LTV allows the holder to apply for Indian citizenship under the 1955 Act.181 The Ministry of Home Affairs claims that under its policy, groups like Sri Lankan Tamils who have been left out of the LTV Guidelines can claim 173 174 175 176 177 178 179 180 181 Iftikhar Malik, ‘Religious Minorities in Pakistan’ (Minority Rights Group International 2002) <https://www.refworld.org/pdfid/469cbfc30.pdf> accessed 28 July 2021. Chandrachud highlights that best international practices for recognising refugees follow the 1951 Convention, which asks states to recognise refugees irrespective of ‘race, religion, nationality or membership of a particular social group or political opinion’. Assuming India had been a signatory to the 1951 Convention, it would have fallen foul of the requirement to not make a religion-based classification for refugees as in Chandrachud (n 27). In this vein, Chandrachud compellingly argues that the 2019 Act also contravenes Article 14 due to its religion-based classification as in Chandrachud (n 27). Ramachandra ha, ‘Home and the World’ in Ramachandra Guha, India After Gandhi (Picador 2008); Free Tibet, ‘Tibet’s history’ <https://freetibet.org/about/history> accessed 28 July 2021. Suparna Chaudhry, ‘India’s New Law may Leave Millions of Muslims without Citizenship’ (The Washington Post, 13 December 2019) <https://www.washingtonpost.com/politics/2019/12/13/indias-new-law-may-leave-millions-muslims-without-citizenship/>accessed 28 July 2021. Long-Term Visa Guidelines, s 1(A) (The new requirements make the following categories eligible for LTV: first, Hindu, Sikh, Buddhist, Jain, Parsi, or Christian individuals from Afghanistan, Bangladesh or Pakistan. Second, Pakistani or Bangladeshi women and Afghanistan nationals married to Indian nationals and staying in India. Third, Indian origin women with Pakistani, Bangladeshi or Afghanistan nationality and without supporting male members wishing to return due to widowhood or divorce. Fourth, cases of extreme compassion.) Free movement does not include movement in protected, restricted and cantonment areas as in Long-Term Visa Guidelines, s 1 (H)(b). Long-Term Visa Guidelines, s 1 (H)(a), s 1 (H)(b) Form IC-5(1)(A), Form IC-5(1)(B), Form IC-5(1)(C), Form IC-5(1)(D), Form IC-5(1)(E), Form IC-5(1)(E), Form IC-5(1)(F), Form IC-5(1)(G); Citizenship Rules 2009, s 4, s 5, s 6, s 7, s 8, s 9, s 10.