Conflict, Justice, Decolonization: Critical Studies of Inter-Asian Societies (2021)
2709-5479
Citizenship (Amendment) Act, 2019: The Pernicious
Outcomes of the Altering Equation of Citizenship in India
Monika Verma
Institute of Social Research and Cultural Studies
National Yang Ming Chiao Tung University
Citizenship has played an essential role in addressing societal alteration and defining
the relationship between the nation-state and the individuals in the contemporary
world. Citizenship law establishes not only legal but also constitutional recognition of
citizens of a nation-state. This essay briefly focuses on the recently amended
Citizenship (Amendment) Act, 2019 of the Citizenship Act, 1955. On the one hand, it
grants Indian citizenship to illegal immigrants from six religious minorities (Hindus,
Sikhs, Buddhists, Jains, Parsis, and Christians) living in India; who had escaped
religious persecution or the possibility of religious persecution in Pakistan,
Bangladesh, and Afghanistan before December 2014. On the other hand, this Act is
considered by some as unfair or unjustifiable as it not only violates the Indian
Constitution but it also excludes other illegal immigrants (such as Rohingyas or
Buddhist Tibetan). As a result, this controversial Act led to outrage and protests not
only across India but also overseas. In India, political organizations, educational
institutions, civil society, and Muslim organizations are among the institutions that
dogmatically opposing the Act. This Act faced several criticisms and its
dissatisfaction was explicitly seen among the people at the national and international
levels. The passage of the Act forthwith provokes the question, is it promoting
discrimination based on religion? This article briefly argues that the Citizenship
(Amendment) Act, 2019, is unconstitutional and unjustified under religious grounds.
Keywords: Citizenship, India, Discrimination, Religion, Protests
Introduction
Citizenship has been a significant factor in understanding societal alteration in nation-states in the
contemporary period (Roy, 2010). In India, the legal and constitutional terminology and citizenship
conundrum indicate that citizenship ambiguously oscillates between the notion of inclusion and
exclusion in the sphere of legal, social, political institutions, which is referred to as 'crisis in
citizenship' (Roy, 2010) or as 'disturbed zones of citizenship within' (Chatterjee, 1997). The
multidimensionality of inequality and the various poles of disadvantages must be determined and
calculated in the process of democratic citizenship. On the one hand, the state's inability to act for
the people's benefit (including citizens and non-citizens) and the subsequent crisis of legitimacy
reflects one of the aspects of the 'disturbed zones of citizenship within' (Chatterjee, 1997). On the
other hand, the mentioned issue of the Citizenship (Amendment) Act, 2019 in India also reflects one
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Electronic copy available at: https://ssrn.com/abstract=3898542