Muslims of India caught in bind between Citizenship Right and racial identity

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By Aroussa Hafeez, Research Section

A group, largely comprising women started peaceful protest against the Citizenship (Amendment) Act (CAA) under the Jaffrabad Metro Station on 22nd February. There was no suspicion that it would follow a deadliest violence.

The CAB amends the 64-year-old Indian Citizenship law, which prohibits the illegal immigrants from becoming Indian citizens. Illegal immigrants shall be those foreigners who entered India with no valid travel documents and passport and can be jailed or deported. The new bill amends a provision that a person can apply for Indian citizenship if he/she lived in India or worked for federal government for minimum 11 years. There will be exception for six religious communities: Hindu, Sikh, Buddhist, Jain, Parsi and Christian - if they can prove that they are from Pakistan, Afghanistan or Bangladesh. They will only have to live or work in India for six years to be eligible for citizenship. The Bill also says that people holding Overseas Citizen of India  (OCI) cards, an immigration status that permits a foreign citizen of Indian origin to live and work in India for ever. They can lose their status if they violate local laws for offences and violations.

All over the country Indians of all faith, ethnic, religious and racial identification have protested against the law, which commits to secular and equality. What is playing out in India is not a simple religious conflict between Hindus and Muslims but a political struggle between two visions who see it as an open, secular nation and those who wish to create Hindu state. The passage of the law last December triggered nationwide protests mostly led by Muslims who say the law discriminates against them.

On 23rd February a rally was organized by BJP leader Kapil Mishra in which he demanded that anti-CAA protesters to be removed within three days and warned that if they weren’t, his people would not even listen to police. Soon after that stone pelting started in the area and heavy police was deployed to the area. Violence erupted right on the next day, 24th February. Two communities were blaming each other for the wave of violence.

The Ministry of Home Affairs refused to bring in the Army to control the riots and stated that the number of central forces and policemen on the ground was adequate. More than 6,000 police and paramilitary personnel were deployed in the area. However New Delhi government did not do much for protestors and was strongly criticized.

From the start till the end the police forces deployed were merely bystanders while the riots were going on. The ability to maintain the law and order and bring the peace back was questioned by many sources. Many said it is the failure of Delhi police which is most well-resourced in India. The rioters operated with impunity in the end. The victims were left to their fate.

Protestors demanded to pass a resolution against the contentious citizenship law and National Register of Citizen(NRC) in Parliament, and revoke the amendments to the Act. But on the other hand the police charge sheet claimed that the anti-CAA protests were planned and the organizers engineered the riots to bring a “bad name to the government”.

In result of the deadliest riots in New Delhi 53 died, including a policeman and an intelligence officer. More than 300 civilians were injured. BhartiyaJanta Party (BJP) supporters vandalized and torched mosques and houses. Later on a tire market with mainly Muslim business was set afire.  Mosques were destroyed and countless vehicles, tire markets, petrol pumps were set on fire during the three day riots. Many journalists who were reporting about the riots were beaten, police snatched their mobile phones and cameras even some of them were questioned by the mobs about their religious identity. Hindustan Times reported that a group tried to set a building on fire where Muslims were living.

Two of the Special Investigation Teams (SIT) was formed to probe the violence, and so far, 630 people have been arrested and 123 FIRs lodged. More than 80 charge sheets have been filed naming those allegedly responsible for inciting violence and riots in country. Among those charged are one of India’s most prominent human rights activists, two members of a feminist student collective, a councillor from the progressive political party, three student activists from the Muslim-majority university Jamia Milia Islamia, and a Sikh man. A number of have been detained under terrorism laws and denied bail. Delhi police have been accused of filing false and politically motivated charges against pro-democracy activists to blame them for the riots but did not arrested any ruling party figures and police officers for their role in the violence.

The Delhi High Court, while hearing petitions about the riots in February, interrogated the Delhi police decision to not file cases against BJP leaders advocating violence, saying it will send wrong message and will spread impunity. Instead of responding to court orders, the government fast-tracked orders transferring the presiding judge to another state and took the riot-related cases away from him.

Hindus make up some 80% of the population in India, and Muslims, the country’s largest minority make up 14 to 16% of population which will decrease to 9% after the implementation of the law. Undoubtedly the amendments in Citizenship law were deliberately done by Indian government just to reduce Muslims in the country. The violence in Delhi was not a ‘riot’, it was a targeted anti-Muslim brutality by Indian government who wish to create India a “Hindu” state.

The attempt to exclude Muslims reveals the ideology of the BJP, which centers on national uprisingof “Hindu first” agenda. In past Muslims of India were struggling for respect and acceptance but now there struggle took a turn after the Citizenship amendment law, reduced to mere survival as a Muslim. Muslims of India are stuck between compromising cultural identity for survival and their citizenship rights.

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