India: Citizenship (Amendment) Act 2019

Lord Loomba Excerpts

Tuesday 25th February 2020 Grand Committee

[Lord Loomba (CB)]

My Lords, I thank the noble Earl, Lord Sandwich, for securing this debate. It gives me an opportunity to clarify some facts about the Citizenship (Amendment) Act.

India amended its Citizenship Act to allow persons belonging to Hindu, Sikh, Jain, Buddhist, Farsi and Christian faiths who have illegally migrated to India over the years from three neighbouring Islamic countries—Pakistan, Bangladesh and Afghanistan—to acquire Indian citizenship. The new Act became necessary because Hindu, Sikh, Buddhist, Jain, Farsi and Christian minorities who had entered India over decades, fleeing persecution, discrimination, physical insecurity or threat of forcible conversion, were living precarious lives, deprived of the many benefits of Indian citizenship. Unfortunately, they did not acquire Indian citizenship.

India is the historical home of Hindus and Sikhs, and it is these minorities who have naturally migrated there. No Muslim country would either accept them or give them citizenship. Back in 1947, minorities in Pakistan—mostly Hindus and Sikhs—constituted about 23% of the population, and are now just over 6%. In 1971, Hindus in Bangladesh constituted 19% of the population, but only 8% in 2016. These figures demonstrate the large-scale exodus of minorities from Muslim-majority countries that neighbour India.

Many migrants to India who have entered illegally, such as Muslims from Bangladesh, have done so for economic reasons and better life opportunities than in their own country. Their case is different, as they can return to their country of origin without fear.

The new Act was passed after an intensive debate in both Houses of the Indian Parliament, when all the issues raised by the opposition, including the perceived anti-secular nature of the amendment, were answered by the Government. The legislation was passed through an open, transparent and fully democratic process.

The Government of India have repeatedly clarified that the CAA is to grant citizenship on a one-time basis to a group of persons with no alternative options and not to take away the citizenship of anyone, much less an Indian Muslim. The CAA has a cut-off date of 31 December 2014, after which no illegal immigrant—whether Hindu, Sikh, Buddhist, Jain, Parsi, Christian or Muslim—would be eligible for citizenship under the amendment. In this larger sense, the CAA is by no means anti-Muslim or discriminatory.

India demonstrates by its actions that it does not discriminate against Muslims. Muslims have occupied the highest positions in the country, not least the esteemed head of India, President Dr APJ Abdul Kalam. Indeed, the Indian constitution protects the rights of all minorities, including Muslims, giving special rights in the management of their respective religious and educational institutions.