Mar 25, 2024

USCIRF Raises Alarm Over India’s Exclusionary Citizenship Amendment Act During Congressional Hearing

Washington, DC –The United States Commission on International Religious Freedom (USCIRF) raised the alarm on the Indian government’s notification of the Citizenship Amendment Rules (CAR) in a move to begin implementing the Citizenship (Amendment) Act (CAA). Last week, USCIRF Commissioner Stephen Schneck testified at a Tom Lantos Human Rights Commission hearing on this matter.

“The problematic CAA establishes a religious requirement for asylum seekers in India fleeing neighboring countries. While it provides a fast-track to citizenship for Hindus, Parsis, Sikhs, Buddhists, Jains and Christians, the law explicitly excludes Muslims. If the law were truly aimed at protecting persecuted religious minorities, it would include Rohingya Muslims from Burma, Ahmadiyya Muslims from Pakistan, or Hazara Shi’a from Afghanistan, among others. No one should be denied citizenship based on religion or belief,” said USCIRF Commissioner Stephen Schneck. “USCIRF urges members of Congress to continue to publicly call out religious freedom issues in India, and to include religious freedom in discussions with government counterparts and importantly, during congressional delegations.”

The newly announced rules confirm that those seeking Indian citizenship must prove they arrived in the country from Pakistan, Bangladesh, or Afghanistan before December 31, 2014, excluding those fleeing more recent acts of persecution. The announcement comes as the Indian government moves to deport refugees from Burma in the aftermath of the 2021 military coup. It also does not include citizenship for those fleeing non-Muslim majority nations, such as Tamil refugees from Sri Lanka and Uyghur and other Turkic Muslims from China. The CAA was initially passed in 2019; however, the Indian government delayed its implementation following large-scale, months-long protests across the country. The protests provoked a harsh and deadly crackdown by Indian police forces, including mass arrest of human rights activists from all faiths.

“As the State Department recently noted, respect for religious freedom and equal treatment under the law for all communities are fundamental democratic principles,” said USCIRF Commissioner David Curry. “More than four years after the CAA’s introduction, student activists like Umar Khalid, Sharjeel Imam, Meeran Haider, and many others still languish in jail under the Unlawful Activities Prevention Act for peacefully protesting. USCIRF urges the U.S. government to work with Indian authorities to release the human rights activists arbitrarily detained that advocated for religious minorities.”   

In its 2023 Annual Report, USCIRF recommended the U.S. Department of State designate India as a Country of Particular Concern for its systematic, ongoing, and egregious violations of religious freedom. In September 2023, USCIRF held a hearing on religious freedom in India and how the U.S. government can work with the Indian government to address violations. USCIRF previously published a factsheet on the CAA and its implications.

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The U.S. Commission on International Religious Freedom (USCIRF) is an independent, bipartisan federal government entity established by the U.S. Congress to monitor, analyze and report on religious freedom abroad. USCIRF makes foreign policy recommendations to the President, the Secretary of State and Congress intended to deter religious persecution and promote freedom of religion or belief. To interview a Commissioner, please contact USCIRF at [email protected].