In recent times, it has been seen that the USA administration has started commenting on the internal affairs of India without any logic or valid reasoning, even when it has not directly affected them or their citizens. On the other hand Indian government hardly comments on what is happening in the political events inside the USA, unless it directly affects Indian citizens residing in the USA.
Here is one such example:
Citizen Amendment Act (CAA)- You all are aware that this Act gives Indian citizenship right to displace Hindus, Sikhs, Jains, Buddhists, Christians, and Parsis who are being persecuted in neighbouring Muslim countries like Pakistan, Bangladesh, and Afghanistan. When the bill/Act was passed in the parliament, Muslims of India started protesting that it was unfair to them, and some of the political parties started propagating that Muslims citizens of India might lose their citizenship by this act. Even the USA and other Western countries started commenting that this law is discriminating against Muslims and blah blah blah, without realizing that India is the only country which Hindus, Sikhs, Jains, etc. can call of their own, where as the CAA law is for these who are being persecuted in neighbouring Muslim countries. India can not safe guard if some Muslims are being persecuted in these Muslim countries. But disregarding all the historical facts that United India was partitioned on the basis of Hindu/Muslim population, and Pakistan was created for that purpose as Islamic country for Muslims, in 1971 Pakistan broke, and East Pakistan became Bangladesh, the USA keeps on commenting on this issue.
CAA have also come under criticism from the representatives of the US Congress, but these representatives and other members of US administration forgot that, even the USA too has a similar law in the form of Lautenberg Amendment Act which was passed in 1990, and which enables citizenship to identified persecuted religious minorities in the erstwhile former Soviet Union. Iran was also added later through the Specter amendment. This Act was spearheaded by US Senator Frank Lautenberg, that gave refugee status and eventually citizenship to a set of minorities from countries of Soviet Union. According to various Congressional reports, the law benefited nationals and residents of former Soviet Union countries, who were Jews or Evangelical Christians. Also included were those participating in religious activities of the Ukrainian Catholic Church or the Orthodox Church.
This Lautenberg amendment was extended to include ‘persecuted minorities’ from Iran in 2004 through the Specter Amendment. Under the Lautenberg-Specter Amendments, ‘persecuted religious’ minorities like Jews, Christians, Baha’is fleeing from Iran to jump queue to gain citizenship in the USA. The Lautenberg-Specter Amendments positively discriminates among minorities by creating ‘reasonable classification’ to exclude the Muslims of Shia/Sunni sect. This US law, therefore specifically enlists religious communities of former Soviet Union and religious minorities of Iran in order to confer a benefit to them to the exclusion of all other refugees, the benefit being that they do not need individually demonstrate a well founded fear of persecution.
CAA’s fast track path to citizenship, to persecuted minorities, as mentioned earlier, who arrived in India on or before 31st December 2014, from the three neighbouring countries, and reduces the residency requirement foe naturalization from 11 to 6 years. After all, the CAA protects the most vulnerable people, grants them the religious freedom they were denied in the countries from where they are migrating (their earlier home countries), and provides a clear and fast path to citizenship. Instead what we are hearing from certain members of Congress and the US administration, for falsely proclaiming the “loss of India’s secular fabric”. This misguided outcry of concern and the false accusation that India has established a “religious test for citizenship excluding Muslims” happened despite the fact that India has not made a single change to rights off existing citizens and the USA has a near-exact law in place regarding religious refugees.
American Lawmakers, and administrative executives should read the Lautenberg-Specter Amendment, reviewing this amendment may be helpful in avoiding any further ill-informed statements about India’s intent with this CAA.
All these who are commenting on this CAA law, should know for fact that, regardless, Afghan, Bangladeshi, or Pakistani Muslims seeking Indian citizenship can still enter under normal immigrant and non-immigrant pathways, and live in India for the regular residency threshold of 14 years and apply for citizenship like any others.
The world should realize that, India though a secular republic,, is ancient and living sacred homeland for Buddhists, Hindus, Jains, and Sikhs. It also became home for the Parsis during last few centuries.
In the end India’s CAA is no different than America’s Lautenberg-Specter Amendment. Therefore Americans should know their laws before pointing fingers to others.
Waiting for your feedback on this blog
Anil Malik
Mumbai, India
4th April 2024