Excluding Muslim Refugees:

Legal Challenges of the New Citizenship Regime in India

Nehaluddin Ahmad

Zheimie H. Zamri

 

Abstract: India's Citizenship Amendment Act (CAA) 2019 and Citizenship Amendment Rules (CAR) 2020 have sparked debates and protests, particularly regarding their commitment to secularism and equality. The CAA, passed in 2019, excludes Muslim refugees from its beneficiaries, contradicting the principles of equality and secularism in the Indian Constitution. The law favours certain religious groups, making it the first legislation in modern secular India to introduce religious discrimination in granting citizenship, violating international human rights obligations. The rise of majority politics and exclusive nationalism in India has shifted the focus from secularism to a particular religion, raising concerns about India's commitment to secular principles and social justice. The integration of the CAA with the National Register of Citizens (NRC) has created uncertainty and fear among Indian Muslims, who lack the same protection if they fail to be listed in the NRC. This risk renders Muslims who cannot prove their citizenship stateless. The implementation of the CAA has led to large-scale protests and government crackdowns, highlighting social divisions and deepening dissatisfaction with government policies. The CAA has been criticised by the United Nations and human rights scholars as a discriminatory law that contradicts India's commitments to international human rights treaties. This qualitative research aims to explore the fundamental values and structure of the Indian Constitution, as well as the development of citizenship law in India. It also analyses whether the CAA complies with international human rights standards. By critically examining the CAA, this study seeks to contribute to the broader discourse on human rights and the protection of marginalised communities.