Diminishing Secularism and Muslim Identity Under the New Citizenship Law in India

S. M. Aamir Ali

Anuttama Ghose

Sarfaraz Ahmed Khan

 

Abstract: India has a history of enduring significant ethnic bloodshed, particularly between Hindus and Muslims. Discussions have arisen regarding the diminishing effect of India's secularist ideal, where Muslims persistently encounter prejudice. The rise of populism and exclusive nationalism has fundamentally transformed the political landscape in India, posing challenges to the dominance of secularism as the fundamental guiding principle of a diverse society. From the time of partition till today, the Muslim minority in India has witnessed marginalisation in different forms. This paper explores the implications of India's Citizenship (Amendment) Act of 2019 (CAA) and its effect on the rise of anti-Muslim prejudices within the country. The research examines the correlation between Hindu nationalist ideas and the CAA. The findings of the study unveiled that the CAA has flaws and exhibits undertones of anti-Muslim sentiments and a diminishing effect on India's secularism. In this article, the authors first decode the discourse on citizenship in the Constituent Assembly Debate (CAD), which is arguably non-secular and the first point of ‘othering’ of Muslim minorities in an independent country. Furthermore, the authors explore the intangible concept of secularism, contextualised in the Indian scenario, and then deliberate upon the threat to Muslims’ political and social identity in the current discourse surrounding the CAA, while testing its constitutionality. The text consistently argues that India cannot be a republic based on prejudice, hatred, and a widespread sense of fear harboured by its most significant minority.