To Belong or Not

Where does one go when they aren't wanted in their home country? Where do they go when their nearest haven rejects them because they aren't from a certain community? Is it justified for laws overlook humanitarian plight even if the laws claim to protect the persecuted?

Legislations seldom evoke the desired response; Image source: Countercurrents.org

By definition, a citizen is someone who legally belongs to a country, has rights in that country, and is protected by the laws of that state. There are 198 countries in the world. Can all people be citizens of all nations? No, it's not possible. This brings us to the other question- how do you determine a person's citizenship?

The two popular criteria for granting citizenship are jus soli (citizenship by birth) and jus sanguini (citizenship through descent). Of course, there are other ways to acquire a country's citizenship, but they are tedious. The other most popular way to become another country's citizen is by pleading on humanitarian grounds.

Regardless of how cruel this world might be, the majority of us do not have the heart to turn away people who escape war-torn regions to make a better life for themselves in other countries. While the intent is usually benign at both ends, sometimes, individuals with mala fide intentions seek refuge in countries and then wreak havoc.

To protect its citizens and those who seek refuge, each country has its citizenship laws. In India, these laws grant citizenship to any individual born in India regardless of the parents' nationalities. However, an amendment in 2003 declared that to be deemed a citizen of India, a person born in India must have one Indian parent.

However, India had to make further amendments to its citizenship laws. Every year, there's an influx of migrants to India through its eastern borders. While some of them enter India after completing the due process, others enter illegally.

Thus in 2019, the Citizenship Amendment Act was in news for a very long time. Finally, the government passed the amended act on 11th December 2019. However, there was a significant hue and cry in various parts of the country. Why did that happen? The act had a few points that raised eyebrows. Those people “forced or compelled to seek shelter in India due to persecution on the ground of religion” were going to be granted citizenship. Here's the catch.

While the act stated that Sikhs, Christians, Buddhists, Jains, Parsis, and Hindus from countries like Pakistan, Afghanistan, and Bangladesh would be granted citizenship, persecuted Muslims sects such as Shia and Ahmedian were left out. All illegal immigrants and those who did not have proper verifiable documents were detained and sent off to detention camps, soon to be deported to the places they came from.

The contentious features of the act raised questions on India's 'unity in diversity' image. Many people protested, and even international media expressed worry about India's changing policies, now reflective of less tolerance.

While the Amendment rekindled hope in some communities, it was soon shattered when they realized the cost at which this legislation was to come.