Citizenship (Amendment) Act, 2019, or CAA, which was passed by Parliament in 2019, has been notified by the Union home ministry yesterday, which means the law now comes into effect. By notifying CAA, right before the Lok Sabha polls, BJP has fulfilled the promise it had made in its 2019 manifesto to make nationals of Pakistan, Afghanistan and Bangladesh belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities, who migrated to India before Dec 31, 2014, to escape religious persecution, eligible to apply for Indian citizenship.
When CAA was enacted in 2019, it triggered protests across the country, especially large numbers of Muslim students from universities such as Jamia Millia Islamia and Aligarh Muslim University. A blockade at Shaheen Bagh in Delhi in protest against CAA by various groups and opposition parties brought the issue to global spotlight. The protests led to riots in Northeast Delhi in which dozens of people as well as security personnel were killed and hundreds injured.
The protests and riots as well as the outbreak of Covid pandemic in early 2000 had delayed notification of CAA. The Manual on Parliamentary Work says that the rules for any legislation should be framed within six months of Presidential assent or seek an extension from the Committees on Subordinate Legislation in Lok Sabha and Rajya Sabha. Since 2020, the Union home ministry had been taking extensions at regular intervals.
The anti-CAA protests and riots not only put the government on the backfoot in 2019, they also brought India harsh criticism from various quarters across the world as the new law was seen to be discriminating against Muslims. The opposition to CAA has been on two premises — discrimination against Muslims and the potential spillover effect on the updation of the now-delayed National Population Register (NPR), 2020, and another contentious proposal of preparing the National Register of Citizens (NRC) at the state or national level. Civil society criticised CAA, accusing the government of furthering its Hindutva agenda.
But the reaction to CAA in 2024 could be different from the reaction in 2019. It seems this time the government is well-prepared to contain protests as well as put its point across.
The reaction to CAA so far
Various opposition leaders have accused the Bharatiya Janata Party (BJP)-led Central government of resorting to diversion from prevailing issues and polarising the voters ahead of Lok Sabha elections. West Bengal Chief Minister Mamata Banerjee, who has opposed the CAA tooth and nail, said that she would fight against the rules if it "deprives" people of their rights. "This is BJP's publicity for elections. It is nothing else," she said. Kerala and Tamil Nadu governments have declared they will not impose CAA in their states. Congress leader Jairam Ramesh said,". the timing right before the elections is evidently designed to polarise the elections, especially in West Bengal and Assam. It also appears to be an attempt to manage the headlines after the Supreme Court's severe strictures on the Electoral Bonds Scandal."
A strike has been called by various groups and parties in Assam while sporadic protests have been reported at some places. Security has been tightened in sensitive areas especially in Northeast Delhi where riots had broken out in 2020 triggered by anti-CAA protests.
Muslim leaders clarify
Unlike in 2019, it seems the government has discussed the issue with various Muslim leaders before notifying CAA yesterday so as to counter misinformation that can lead to riots. A number of leaders from the Muslim community have come ahead to clarify that CAA is not discriminatory against Muslims.
All India Muslim Jamaat President Maulana Shahabuddin Razvi Bareilvi has welcomed CAA. "There are a lot of misunderstandings among the Muslims regarding this law," he said as reported by news agency ANI. "This law has nothing to do with Muslims. Earlier, there was no law to provide citizenship to the non-muslims coming from Pakistan, Afghanistan and Bangladesh who faced atrocities based on religion. Hence this law has been made. Crores of Indian Muslims will not be affected by this law at all. This law is not going to take away the citizenship of any Muslim. In the past years, it has been seen that there were protests, it was because of misunderstandings. Some political people created misunderstandings among Muslims. Every Muslim of India should welcome the CAA."
Delhi Haj Committee Chairperson Kausar Jahan too welcomed CAA. "This is an act to give citizenship and not take it away. The condition of Non-Muslims in our neighboring countries like Pakistan and Bangladesh is not good. If the government wants to give them a respectful life, what is the problem with it? The Muslim community will not have any problem with this. There is no need to panic."
Mohsin Raza, the chairperson of Uttar Pradesh Haj Committee, said that CAA is a law to give citizenship and not a law to take away anyone's citizenship.
Maulana Khalid Rasheed Firangi Mahali, Chairperson of Islamic Centre of India (ICI) and member of All India Muslim Personal Law Board, assured that no one's citizenship will be revoked by CAA. He urged everyone to maintain peace and not to pay heed to rumours.
As various Muslim clerics and leaders are explaining how CAA doesn't discriminate against the community, there is less chance of fierce opposition to the law as seen in 2019.
The timing is of essence
The CAA notification comes right before the Lok Sabha polls. The timing can take the sting out of anti-CAA protests. Various political parties opposed to CAA will be too busy with election campaigns to organise long protests. Since CAA has the potential to polarise voters on religious lines, no opposition party will afford this polarisation which is likely to benefit BJP. Moreover, few opposition leaders would want CAA to become a big issue and dominate all others.
The opposition parties seem to think that CAA notification is a diversionary tactic to take attention away from electoral bonds. The Supreme Court on Monday directed the State Bank of India (SBI) to disclose the details of electoral bonds encashed by political parties to the Election Commission by March 12, warning that it may face consequences for "wilful disobedience" if it fails to comply with today's deadline. The SBI had requested an extension until June 30. Opposition parties have smelt blood in this issue and expect to turn it into a big weapon against BJP. Countrywide protests and blockades against CAA involving all the main opposition parties and various other groups will only deflect attention from the electoral bonds issue. The Centre's shrewd move to notify CAA before the polls to minimise the possibility of long and violent protests similar to 2019 and 2020 seems to have met its purpose.
However, violence and protests across India, especially in Assam and West Bengal, can't be ruled out. But it seems unlikely that CAA in 2024 will draw the reactions it did in 2019.
(With inputs from TOI and agencies)
