What exactly is happening in India with the CAA and NRC protests?
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Jamia Millia Islamia students & locals protesting against CAA NRC, 15 Dec 2019. DiplomatTesterMan
On Sunday December 15th, students of Jamia Milia Islamia University, a historically Islamic university in Delhi, took to the streets to protest against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC). The Delhi Police responded to the protesters with tear gas and a baton charge and as a result, 51 people were injured. Police entered the university’s campus without permission and reportedly fired tear gas shells into the library. They baton charged students, even those who were not involved in the protest. The next day, the nation erupted in solidarity with the students of Jamia, with protests organised across the country to condemn the CAA, NRC, and the BJP government’s brutal crackdown on dissent.
But what are we all really protesting for? What are the CAA and NRC, and why are people so concerned about them? Here is a quick guide to why India is protesting and what you can do to help.
What are the CAA and NRC?
The CAA (Citizenship Amendment Act) is an amendment to India’s citizenship laws that will expedite the process of becoming Indian citizens for some immigrants. The act only applies to people from Pakistan, Afghanistan, and Bangladesh who have immigrated to India before 2015, and are Hindu, Sikh, Christian, Buddhist, Jain, or Parsi, even if they have entered the country illegally.
Of India’s major religions, Islam is the only one not mentioned in the act. The supposed goal of the bill is to make it easier for refugees and ‘stateless’ people to become Indian citizens, as previously they had to live in India for over 10 years to be able to apply for citizenship and there was no formal process for those seeking asylum or having entered the country illegally, to become citizens.
The NRC (National Register of Citizens) is a register kept by the Indian government of all the legal citizens of India, and has thus far only been made for the state of Assam. The first NRC was based on the 1951 Indian census and had not been updated till the most recent NRC was completed this year. As part of the NRC exercise (i.e. process of creating the NRC) in Assam, residents of the state had to provide documents proving that they or their ancestors had resided in Assam before the citizenship cutoff date.
Those who claim to be citizens but are rejected from the NRC are declared ‘illegal foreigners’ and face deportation or detention in one of Assam’s detention centres. They will either appear before a Foreigners Tribunal to appeal their rejection, or face detention if their appeal is not successful. Home Minister Amit Shah had previously indicated the government’s intention to have a nationwide NRC, but has since said this is not true. There hasn’t been any declaration of a nationwide NRC, and it is unclear what the requirements of a nationwide NRC would be or how it may be conducted.
Why are they causing protests?
The CAA, by having a religious requirement, is non-secular and discriminatory, and could potentially be unconstitutional. Additionally, people are concerned about the implications of a nationwide NRC, and the way the CAA might play into this.
The preamble to the Indian Constitution declares India a secular nation. Setting a religious barrier for Indian citizenship is fundamentally non-secular. Muslims make up 13.4% of India’s population; as such the exclusion of Islam from the CAA is extremely telling. Amit Shah claims that Islam is not included in the CAA as it is not possible for Muslims to be persecuted in a Muslim majority country.
However, we know this is not true - Shi’a and Ahmaddiya Muslims in Pakistan face violence and discrimination, but the CAA will not apply to them. Other notable persecuted minorities that will not be able to seek refuge via the CAA include Rohingya Muslims from Myanmar and Tamils from Sri Lanka.
Meanwhile, in Assam, Assamese people are protesting the CAA as the state’s politics and demographics have been influenced by migration of Bangladeshi Hindus, and their local language and culture could be overtaken and lost to the possible influx of migrants claiming citizenship under the CAA.
The NRC exercise in Assam took over 5 years, and was an expensive and complicated process. The purpose of the NRC exercise is to identify and deport ‘illegal immigrants’, and as such the consequences of being excluded from the final list are severe.
However, there seems to have been a number of mistakes made in Assam, such as people being declared foreigners while their siblings are not, or parents being included in the list while their children are not. Additionally, providing documentation to prove citizenship will be extremely difficult for a large part of India’s population: people in poverty, internal migrants, women, trans and non-binary people may not have voter ID cards, birth certificates, land ownership certificates, etc.
It is unclear what would constitute proof of citizenship if a nationwide NRC is conducted, with some reports saying voter IDs or passports may also not be enough. Given the claims that detention centres similar to those in Assam may be built in other states, there is concern that a nationwide NRC will be poorly conducted and lead to many facing detention and deportation despite being citizens.
In the event of a nationwide NRC, those declared ‘illegal foreigners’ may be able to use the CAA to apply for citizenship, but only if they belong to the six religions specified. Muslims will not be afforded this safety net and will inevitably face detention and deportation if they cannot prove their citizenship. Following on the heels of the revocation of Article 370 and the communications shutdown in Jammu and Kashmir, the CAA is another move by Modi’s BJP government that seems to target Muslims and follows with their Hindu nationalist agenda.
What can you do to help
EDUCATE: Educate your friends and family. Follow the news and keep yourself updated. More information about the situation is coming out every day. Misinformation about the CAA and NRC have been instrumental in allowing the BJP government to convince people that they are benign.
AGITATE: Agitate on social media. Share this and other articles about the issue. The internet is an extremely important tool in these protests - there is a reason the Indian government shuts it down when dissent escalates. Express your disapproval and your resistance on Facebook, Instagram, Twitter, Whatsapp, and more.
ORGANISE: Protests are being organised not only in India, but around the world. The Facebook group ‘South Asian Students Against Fascism’ is a way to keep updated on protests, petitions, fundraisers, etc, being organised in India and around the world. They are also on Twitter. Indian protesters, especially those in BJP controlled states, are facing police violence and detention, and the death toll is rising. If you live in a place where you can safely protest it is especially important to protest and the best way to show your solidarity.