Dr. Ajay
Certain groups of people are protesting against Citizenship Amendment Act 2019 in India on the grounds that it is discriminatory as it makes religion as a basis of granting citizenship to the religiously persecuted refugees in India. The CAA is a onetime solution for granting citizenship to the victims of religious persecution who have migrated from three neighbouring countries. The law specifically mentions, Hindu, Sikh, Buddhist, Jain, Parsi and Christian for the purpose of granting citizenship. It’s upto Supreme Court of India to look into the constitutional validity of the legislation. However, a deeper issue of how the protesters have contributed to whitewashing of the religious persecution of the minorities in the neighbouring countries is discussed at length. In order to give relevence to the anti CAA protests, the protesters must have acknowledged the plight of religious minorities in Pakistan, Bangladesh and Afghanistan while demanding for further amendment to CAA to include Muslims instead of demanding its complete roll back. Demanding for a complete roll back of the legislation is denying the fact of persecution of religious minorities. Its startling as to why they don’t acknowledge persecution of religious minorities every now and then in Pakistan. What prevents them from doing so? Even recently, we are witnessing number of abductions, religious conversions and forced marriages of non muslim girls espevialy Hindus, Sikhs and Christians. And Nanakana Saheb case is well known to all of us where some Islamic fundamentalists had completely surrounded the Gurudwara and were raising slogans of killing all Sikhs and their extermination from the Gurudwara. Ignorantly, none of the protesters have even condemned or issued any statement against such acts of violence, religious torture of minorities in Pakistan. This raises a question on the validity and the aims of the current protests. Whether they want to scrap this legislation completely? or they want it to be a religion neutral legislation? And is it justifiable to scrap this legislation only because it doesn’t not include Muslims? However, Muslims are not barred from applying for citizenship and they can apply through existing rules. Anyone can apply for the same irrespective of religion or faith for Indian citizenship through proper channels. Larger question is whether grant of citizenship can be denied to persecuted minorities only because Muslims are excluded from it. Under these circumstances, should they demand for complete roll back of CAA or should they demand for the inclusion of Muslims if they feel it is discriminator and exclusive of Muslims?
From the pattern of current protests, it is clear that they are not even even concerned about the plight of persecuted minorities or inclusion of Muslims. In most of the rallies/interviews, protesters are seen only talking about comolete roll back of CAA. None of the protesters have so far acknowledged persecution of religious minorities in Pakistan or demanded for inclusion of Muslims. They may demand for inclusion of Muslims on the fact and if the feel that Muslims are also victims of some kind of persecution other than religion for example Ahmdiyas, Shias, Balochis and those liberal Muslims who speak for reformation of Islam. No one can disagree with the fact that even Sunni-Muslims who speak against Islamic fundamentalism are targeted in Pakistan and Bangladesh.
What these protests have done to the larger issue of persecution of religious minorities in Pakistan? It can be seen clearly that these protests have at least contributed to whitewashing of very important and a deep rooted problem of religious (Islamic) fundamentalism in Pakistan and Bangladesh. Instead of acknowledging and condemning it, the current protests seem emboldening to Islamic fundamentalists in neighbouring countries. The patterns of protests show that everything is hunky dory in the neighbouring countries. There is no issue of religious persecution in Pakistan at all. The current protests have covered this larger issue of Islamic fundamentalism and shifted the world focus to India whether the legislation (CAA) is violative of constitution. Therefore, there is a complete cover up of the actual issue of religious fundamentalism and the persecution of the minorities in Pakistan, Bangladesh and Afghanistan. The main opposition of the protesters is that CAA is an anti-Muslim legislation as it specifically excludes Muslims from becoming Indian citizens. As mentioned in the foregoing lines, that Muslims are also persecuted in Pakistan especially Non Sunni Muslims. If they are also persecuted in the neighbouring countries, why should they be excluded? The answer to this question as to why they have been excluded from the list is given by Honourable Home Minister during debate in the Parliament that they are all Muslims and that is a sectarian issue and can be solved by themselves internally.
At times, these protesters also demand for religion neutral legislation and also inclusive of any other kind of persecution for example persecution of the atheists, third gender people, LGBT community members etc. Besides this, they also sometimes question that why only religion has to be considered for granting citizenship? Why other reasons of immigration are not considered, for example job opportunities etc. One can reply to the question as to why religion is the basis of granting citizenship in the same language. If the religion is the basis of persecution in neighbouring countries, then religion only should be the basis of granting citizenship. This is like asking a doctor, that patient is suffering from pain, why painkiller is the prescription and not the anti-rabies? What other medicine would you prescribe against pain instead of painkiller?
Two issues have been elaborated in the following paragraphs at depth.
1. Even Muslims face persecution in Afghanistan, Bangladesh and Pakistan, so why does CAA exclude them?
The protesters give the example of Tasleema Nasreen and some others who have fled neighbouring country. There are some Sunni Muslims who also face torture just because they have religious dissent and speak against Islamic fundamentalism. And there are some more examples which suggest sunni Muslims are also tortured in their own country, so why CAA doesn’t recognise persecution of Muslims while amending Citizenship Act, 1955. Tasleem Nasreen has taken shelter in India. She is women activist, who write against oppression of women and fight against the ill treatment of women in Bangladesh. As per her interview given to Middle East Quarterly, she told, since she started writing on issues of gender justice and ill-treatment of women in Bangladesh, Muslim fundamentalists started issuing fatwa for killing her. They charged her of blasphemy, her books were burnt, newspaper and publisher offices were attacked by Muslim fundamentalists.
And this is a truth that even Muslims also face threats in the same Muslim dominated neighbouring countries. We must acknowledge that fact. However, none of the protesters talk about the cause of such persecution even against fellow Muslims. They have not spoken against the root cause of persecution of Muslims let alone Buddhists, Sikhs, Hindus, Jains, Parsis or Christians. The problem is deep rooted and until we target the root cause of the problem, there will be no long term solutions to the problem. Instead of condemning their acts of violence against fellow Muslims in Pakistan and Bangladesh, protesters in India are legitimising and emboldening them by not talking against the larger issue of Islamic fundamentalism. Indian protesters instead of addressing the cause of the problem are targeting the effect side of problem. Islamic fundamentalism and the religious intolerance is the cause of the problem called persecution of minorities and other muslim sects.
For a moment, let’s assume that CAA is amended to include persecuted Muslims also. Will it solve the deeper problem or will it aggravate the problem? The problem will not be solved by granting citizenship to the persecuted Muslims unless we address the cause of the problem. The problem will continue to grow. On the other side of border, as such fundamentalists unleash terror against the fellow Muslims and other minorities, the persecuted people will continue to migrate to India finding shelter. How long this vicious cycle can continue, how long India can accomodate such persecuted persons. The persecution and immigration will become perpetual. It will have no end but a continuous inflow of people from across the border and that will further embolden the fundamentalists back in these Islamic countries to persecute even more. Will it continue until Bangladesh or Pakistan becomes completely free of its minorities or with no trace of religious dissent.
That is why, If you don’t deal with the fundamentalists and the fundamentals, the situation will go on and on. Need of the hour is to recognise and target cause of the problem and not the effect of the problem. There must be an in situ resolution of the problem. Indian protesting brothers and sisters must tell their brothers and sisters of Bangladesh and Pakistan to at least accommodate religious dissent and different sects belonging to the same religion. They must teach them concept of mutual co-existence and mutual respect for each other. As Dr. Anand Ranganathan (Associate Professor at JNU and Author) says, the problem lies in the fundamentals, so the fundamentals must be targeted rather than targeting the fundamentalists. The problem of Islamic fundamentalism in Pakistan, Afghanistan and Bangladesh must be acknowledged and delay with an iron fist. If there were no such problem of Islamic fundamentalism. So truth has to be acknowledged and that truth is about the chronic issue of Islamic fundamentalism which doesn’t even tolerate an iota of deviation from the religious fundamentals let alone altogether different faiths. There is a need of debate over such problematic fundamentals. The issue of persecution is deep rooted, superficial treatment will give a temporary relief but the problem will continue to perpetuate unless root cause is recognised and dealt with an iron fist and anti CAA protesters must also give attention towards this larger issue.
Second issue is even more chronic in Pakistan.
2. Non Sunni Muslims in Pakistan for example Shias, Ahmdiyas, Balochis etc. also face large scale persecution so why Indian legislation has not considered their genuine case?
The point is very valid, and it’s a fact that non Sunni Muslims also face torture every now and then. But, Ahmdiyas are declared as non-Muslims by Pakistan in their modern constitution itself. Again, for a moment, let’s assume such categories of Muslims are also included in the list for granting citizenship. Will it solve the issue at hand? The answer is no because again we are superficially targeting effect without giving attention to the cause of the problem. Problem is Islamic fundamentalism and intolerance towards difference of worship or faith. The fundamentalists do not even tolerate such little differences of worship among their own sects. You forget about their tolerance towards non-Muslims whom they call Kafirs/infidels. It’s first up to Pakistan to decide whether Ahmdiyas are Muslims or not. Shias and Balochis are not declared Non-Muslims by the constitution, but they continue to face third degree treatment in their own home. So this is a sectarian issue between the Muslims. It’s up to majority Sunni Muslim controlled government of Pakistan whether to recognise Shias, Ahmdiyas or Balochis at par with themselves or continue to consider them as third grade citizens. Majority Islam has to think over the sectarian Islam. Until the government of Pakistan take concerted steps to ensure equality of all its citizens including non-Muslim minorities, there won’t be a lasting solution to this issue.
Indian protesters instead of asking India to accommodate such non Sunni Muslims, must ask Pakistan government and work for making Pakistan an inclusive Pakistan for all the religious sects and faiths. Instead of emboldening the fundamentalists and legitimising their onslaught against non-Sunni Muslims, they must be condemned. They need to be isolated. Such fundamentalists I believe are not more than a fraction, the like-minded Indian Muslims and others must stride for making Pakistan and Bangladesh a better place for non-Sunni Muslims and non-Muslim minority religions. That will be a long term solution to a perpetual issue of religious persecution in Pakistan, Bangladesh and Afghanistan and its immigration to India. There is a need of in situ recognition and targeting of cause of the problem instead of superficial treatment of its effect. Recognition of problematic fundamentals and in situ addressing of the problem is the way forward. Instead of promoting immigration to India, steps must be taken to make Pakistan, Bangladesh and Afghanistan a better place for all its citizens.
The author is Ex JNUSU Councillor and presently teaches at a Central University in India.
Views expressed are personal.