The Citizenship Amendment Act 2019 (CAA) was implemented on 10th January 2020 in our country. Its impact is such that it will be seen as a big game changer for all those Hindu refugees who were forced to flee after facing the traumatic aftermaths of the two Partitions (1947 and 1971) that affected many in the South Asian subcontinent, specifically those who were displaced and left for Bangladesh, Afghanistan and Pakistan, then. This act becomes even more relevant for women now, especially since in the last 75 days alone, nearly 53 women were raped and forcibly converted in Pakistan. These patterns of oppression and persecution have become a practice in Muslim dominated countries, where Hindu women are in minority and are thus tortured and subjected to violence in the most brutal possible manner.
The CAA is seen as an amendment to the Citizenship Act of 1955 since it will provide citizenship to illegal immigrants of Hindu, Sikh, Buddhist, Jain, Parsi and Christian descent except to Muslims who had fled persecution from Pakistan, Afghanistan and Bangladesh before 31st December 2014. This largely caters to the Hindu refugees who have been subjects of violence in these countries. The historical background to what led to these mass displacements dates back to the year of the Civil War between East and West Pakistan in March 1971. In fact, spanning 1947 and 1971 too, migrations have taken place due to porous borders, historical migration patterns, economic considerations or due to cultural and linguistic affiliations. By and large, the worst affected by these demographical shifts and displacements are women, especially given the fact that earlier too in the years 1947, and leading up to 1971, women were subjected to sexual violence and the numbers in both years were close to a million each. The fact that religious divisions and differences have existed thereafter too is quite evident and cannot be denied. Thus, the Citizenship Amendment Act would largely benefit Hindu refugees and many women, in particular, who have been persecuted in Muslim majoritarian countries namely Bangladesh, Pakistan and Afghanistan.
Many have been forced to live in the most uninhabitable areas that are known as refugee camps with pathetic living conditions. They exist as stateless citizens with no documents and hence no voter cards and voting rights, birth certificates etc. Their status is that of liminal beings who exist in or inhabit no wo(man’s) land, for clearly, in these Muslim dominated countries they are treated as marginal beings and are subjected to sexual violence and forced religious conversions. Thus, it is essential and ethical to only grant them legal citizenship which has otherwise been denied to them since with the several amendment acts that have come into play they have been the worst sufferers.
Highlights of CAA
Citizenship Amendment Bill was passed in the Parliament on 10th and 11th December 2019.
Citizenship Amendment Act was implemented on 10th January 2020.
This act was passed for religious minorities from Afghanistan, Bangladesh and Pakistan.
This act is applicable only for those minorities who have been residing in India prior to 31st December 2014.
The legislation applies to those who were forced and compelled to seek shelter in India due to persecution on the ground of religion.
Nothing in this section shall apply to Assam, Meghalaya, Mizoram or Tripura.
What government should do for Women
Innumerable cases of severe crime have been reported against women, especially in these three countries. The most heinous crimes against women are rape and conversion at gunpoint. It does not only affect the woman who is subjected to such forms of victimization, but the entire family since it leaves a traumatic impact on their lives. The Government of India deserves a special mention for the courageous option that they offer to these victimized women, by saving the lives of those who are affected in these countries, where discrimination takes place on the basis of both gender and religion. The condition of these women even after their migration to India was quite pathetic since they earned the title of illegal migrants.
Not only would that imply lack of a place or shelter for themselves which they could call a home but also the treatment as marginal beings with no rights, citizenship or entitlement. This time it was reallydepriving them from all the benefits to lead a normal life. Their misery lies in the fact that they were leading a very vulnerable life because of not getting citizenship in India, the only Hindu majority state, where they felt they had some rights on the basis of religion. Many of them argued that there are several countries to safeguard the interest of Muslims, however there is not even a single country to protect their self-esteem.
Here, it is important to mention that most of the migrants belonged to the Dalit community and they were under the impression that maybe because of their caste they were not being welcomed in India. Hence there was a sense of ease and security that this Act would entitle them to lead a normal life with self-esteem and dignity. The government must ensure that there should be no discrimination between the migrants and the normal citizens of India. Some of our misguided citizens are agitated about why Muslim migrants are not included in this Act. The reason is quite apparent since there is not even a single application filed by any Muslim from these countries for citizenship on the ground of religious exploitation and discrimination. Only few cases of political asylum have been reported to our country and the door is still open for Muslims, which only proves the fact that they haven’t been denied citizenship if they apply for it on grounds of facing persecution elsewhere.
It is quite ridiculous that people in India are condemning it without any valid explanation, however, the number of protesters is quite less and as per the media reports they are either misguided or being paid by international agents. One of the major causes of concern is as to what would be the stance of migrant women in our country keeping in mind the behavioural pattern of Hindus already settled here. Clearly, there is not even a single instance of discrimination against migrants in any part of the country, but at the same time it is also the responsibility of migrants to adopt and respect the culture of Bharat and be syncretic in the way they adapt to the cultural and social fabric of India in order to avoid a situation similar to Assam in other parts of the country. Government must ensure that their education system and livelihood related problems must be addressed within a stipulated time frame, since there they have been residing in our country from the past 5 years. The problems related to adaptability and livelihood may have already been addressed by now.
The major problem that the women are facing is related to safety and security which will be a matter of urgent concern now in our country. The only shocking fact is that there have been unnecessary protests by Muslims with students from the educational institutions of Jawaharlal Nehru University (JNU), Jamia Millia Islamia University, Jadavpur University and Aligarh Muslim University (AMU). If we have approximately 500 Universities in our country then why are only these universities repeatedly coming into the limelight. Since the population of Muslims in this country has crossed the mark of 20%, the government must remove the tag of minority institution from Jamia Millia Islamia and Aligarh Muslim University to avoid any such unreasonable protest in the name of religion, as such kind of incidents are denting the image of India worldwide. Also, a strict law should be framed and implemented against those who are misusing educational institutions and making it a political battleground.
Citizenship Amendment Act is a welcome step and government must initiate the process of National Register of Citizens (NRC) and Uniform Civil Code to strengthen the image of new India.
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