Chakrabarty: Citizenship Deprivation as an Act of Persecution: Case Study of t
But in March 2020, the US Commission on International Religious Freedom (USCIRF)
convened a hearing where it was noted that the Act’s effect – intended or unintended – could be
the disenfranchisement of Indian Muslims.11 Throughout the hearing, experts continued to draw
parallels between the CAA and the Citizenship Act of Myanmar that has seen the ethnic
cleansing of minority groups like the Rohingyas.12
Since then, discussions have largely revolved around how the Act, seen alongside the National
Population Register (NPR) and the National Register of Citizens (NRC) - both of which arise
from the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules of
2003 - are mere hoodwinks for the larger statelessness project that the current populist regime
has in its mind in an effort to create a ‘Hindu state’, tending to the Hindu majority. 13 The NRC is
supposed to be a definitive list of who belongs to India, drawn from the larger NPR. The NPR is
a dataset of ‘usual residents’ (at the local, sub-district, district, state and national levels),
composed of persons who have resided in an area for 6 months or more or who intend on doing
so.14 The pilot project was supposed to commence in April 2020, but has since been deferred.
Amidst fears of inadequate documentation to prove citizenship, the Union Home Minister
claimed that the government would “throw away all infiltrators”, but no “Hindu, Sikh, Jain,
Christian or Buddhist” need worry – clearly excluding the State’s 200 million Muslim
population.15 Another Parliamentarian justified the exclusionary exercise under the CAA,
claiming that Muslims are “not equal” to Hindus.16 In the background of increased
dehumanization, hate speeches, and physical violence against the Indian Muslim community, the
United States Commission on International Religious Freedom, “Legislation Factsheet India: The Citizenship
(Amendment) Act India” (February 2020), online (pdf):
<https://www.uscirf.gov/sites/default/files/2020%20Legislation%20Factsheet%20-%20India_0_0.pdf>.
12
“United States Commission on International Religious Freedom Hearing: Citizenship Laws and Religious
Freedom”, Atlantic Council (4 March 2020), online: <https://www.atlanticcouncil.org/commentary/eventrecap/united-states-commission-on-international-religious-freedom-hearing-citizenship-laws-and-religiousfreedom/>; European Parliament, “Motion for a Resolution on India’s Citizenship (Amendment) Act, 2019”,
Plenary Sitting (2020), B9-0079/2020, online(pdf): <https://www.europarl.europa.eu/doceo/document/B-9-20200079_EN.html>.
13
Uday Chandra, “The Making of a Hindu India”, Al Jazeera (24 August 2020), online:
<https://www.aljazeera.com/indepth/opinion/making-hindu-india-200820104806024.html>.
14
Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules (2003), [India]Central
Government Act, rule 2(l).
15
“Will throw out each infiltrator one by one, says Amit Shah”, Hindu BusinessLine (1 October 2019), online:
<https://www.thehindubusinessline.com/news/national/will-throw-out-each-infiltrator-one-by-one-says-amitshah/article29567841.ece>.
16
Vice News, “Interview of Subramaniam Swamy to Isobel Yeung” (1 April 2020), online: Twitter
<https://twitter.com/i/status/1245413627504414720>
11
Published by Osgoode Digital Commons, 2021
3