In 1938, a Nazi law forced German Jews to register their property and assets with the government. In 2001, the Taliban forced all religious minorities in Afghanistan to wear distinctive marks on their clothing to distinguish them from the country’s Muslim majority.
Now, in 2019, the BJP government of India has passed a law which, in effect, will decide whether Indian Muslims are citizens or not on the basis of their religion.
On the face of it, the Citizenship Amendment Act (the “Act”), states that (non-Muslim) illegal migrants who have fled religious persecution in Afghanistan, Bangladesh and Pakistan are eligible to apply for Indian citizenship.
When read in conjunction with the National Register of Citizens (the “NRC”), however, the Act threatens to render almost two million Muslims in India (who migrated to Assam from Bangladesh) stateless.
By making religion a condition of citizenship, the Act and the NRC throw the very idea of India as a secular state into question. Will the law apply only to Muslim migrants and their descendants (even if born in India)? Will it be used against those poorer Indian Muslims who have lived in the country since time immemorial but who have no documents to prove their citizenship?
In 2018, Republicans in Georgia threatened to blacklist African-Americans from voting because they could not prove their identity. Will disenfranchisement hang over the heads of Indian Muslims if they cannot show the right kind of documents if any at all?
Historically, citizenship in India (like elsewhere) was acquired by the citizenship belonging to one’s parents (the jus sanguinis or ‘right of blood’ principle) or by naturalization if the person has been resident in India for more twelve years. Descent and residence on Indian territory were sufficient for the sake of claiming Indian citizenship, not religion.
In protest of the law, India has witnessed some of its largest demonstrations in decades with public figures like Ramachandra Guha and Shabana Azmi expressing solidarity with the protestors. The Supreme Court of India has issued notices to the Government of India on petitions challenging the constitutionality of the law.
I hope that these protests are an illustration of the Daoist principle that when things reach one extreme, they revert and start moving back in the opposite direction. Just like we saw with the “wake” movement in the aftermath of Black Lives Matter, the demonstrations in India have the potential to crystallize into a mass-movement that challenges Hindu Nationalism if they are given the right direction and organization.