The Guardian view on Modi’s citizenship law: dangerous for all

Good commentary:

Thousands nationwide have protested against India’s new citizenship law in recent days, facing a brutal police response. This is arguably the biggest display of opposition to Narendra Modi since he took power six years ago, and for good reason. Demonstrators have been urged into action not by the sense of a new direction being established, but of the confirmation of the country’s alarming trajectory. The legislation is the proof that Mr Modi’s Hindu nationalist project is not a containable anomaly, but an enterprise that threatens the nation’s very foundations of pluralism and secularism. Fear overshadows the hopes of that seven-decade endeavour.

The prime minister has piously tweeted: “This is the time to maintain peace, unity and brotherhood.” Superficially this is, as the BJP government claims, a law that expands rather than removes rights. It creates a fast-track path to citizenship for Hindus, Sikhs, Jains, Buddhists, Parsees and Christians arriving from Muslim-majority states, who would otherwise spend years labelled as illegal immigrants. But no one considering either its text or context could seriously regard this as a measure of inclusion. It is inherently one of exclusion, which discriminates against Muslims fleeing persecution, and signals that Muslim citizens are not “truly” Indian. It undermines constitutional protections which apply to foreigners as well as citizens in India.

Source: The Guardian view on Modi’s citizenship law: dangerous for all

And an upcoming court challenge:

India’s controversial religion-based citizenship act will have to pass the scrutiny of the nation’s top court, even as Prime Minister Narendra Modi’s government pledged to push ahead and implement the law.

A three-judge bench headed by Chief Justice of India S.A.Bobde issued a notice to the government seeking its response. The court agreed to examine the legality of the legislation following more than 50 petitions filed by activists, lawyers, student groups, Muslim bodies, and politicians from across the country. The court will next hear the case on Jan. 22 and may decide in January if the law should be stayed, Bobde said.

The move may calm protesters who have called the law discriminatory because it bars undocumented Muslims from Pakistan, Afghanistan and Bangladesh from seeking citizenship but allows Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who migrated from these regions to do so. On Tuesday, Home Minister Amit Shah, who shepherded the Citizenship Amendment Act through the Parliament last week, defended it and ruled out any possibility of repealing the law.

“When the country was divided on the basis of religion and the minorities are being persecuted there in the name of religion, then will you not give them your citizenship?” Shah said in comments broadcast on Times Now, referring to the partition of India in 1947. “Where will they go?”

Stateless Risks

The new law is seen as a precursor to Shah’s plan to implement a nationwide citizens register to weed out illegal migrants.

Demonstrations first began in the eastern state of Assam where there are fears the new law would allow an influx of migrants from neighboring Bangladesh. Some 1.9 million people in Assam — many of them Muslims — risk losing their Indian citizenship after the state enforced the citizens register in August.

Anger soon spread across many parts of India, including the capital New Delhi, over fears it would damage India’s traditional secular ethos enshrined in its Constitution that treats all religions on par.

Meanwhile, police stormed university campuses across the country this week to quell the protests, which have so far been led largely by students of all faiths.

“This isn’t about religion, this is about justice,” said Neha Sareen, a 22-year-old student at Tuesday’s protests outside Delhi’s Jamia Millia Islamia University, which faced the worst police crackdown. “The law is against the constitution of India. It discriminates against fellow citizens.”

Repeal Demands

Protesters remain firm on their demand for a repeal of the act, said Shifa Ur Rehman Khan, president of Jamia university’s alumni association. Yet, the government has shown no signs of backing down on the bill. On Tuesday, Shah said no Indian citizen of any faith need worry about the citizenship rules.

The government is now turning its attention to building a temple for the Hindu warrior god Ram on the site of a demolished mosque in northern India, after the country’s top court gave a verdict in the favor of Hindu groups last month.

If the protests continue to gather steam there are fears it will distract the government from its economic problems and undermine efforts to attract foreign investment. Asia’s third-biggest economy is growing at its slowest pace in more than six years and unemployment is the highest in more than four decades.

Shah told industry leaders in Mumbai on Tuesday that the Modi government is working toward fixing a temporary economic slowdown and that it should recover ground in three quarters. Shah, whose interview was broadcast at the Times Network India Economic Conclave in Mumbai, got support from at least one executive.

“The idea of a strong India is important and it is sad that the students are getting sucked into politics,” said Sajjan Jindal, chairman of JSW Steel Ltd.before Shah’s speech. “This law will protect the country from illegal immigrants.”

The last time Shah addressed business leaders in Mumbai billionaire Rahul Bajaj spoke to say corporate India was hesitant about criticizing the current government.

Source: Supreme Court to Examine Contentious India Citizenship Law

Triple talaq: India top court reviews Islamic instant divorce – BBC News

For those enamoured by the word pluralism, one used often to describe India, this is what it can mean.

Pluralism, like multiculturalism and interculturalism, can either be ‘deep,’ with separate institutions and family law, or ‘shallow,’ where religious and other community rights are balanced against other rights such as gender.

Canadian commentators who jump upon negative foreign commentary on multiculturalism need to understand clearly that multiculturalism in Canada is based upon civic integration, with individual religious rights subject to the other fundamental freedoms and equality.

Will be interesting to see how the Indian Supreme Court rules:

India’s Supreme Court has formally opened hearings into a number of petitions challenging the controversial practice of instant divorce in Islam.

The court said it would examine whether the practice known as “triple talaq” was fundamental to the religion.

India is one of a handful of countries in the world where a Muslim man can divorce his wife in minutes by saying the word talaq (divorce) three times.

But activists say the practice is “discriminatory”.

Many Muslim groups have opposed the court’s intervention in their religious matters, although the move has the backing of the current Indian government of Prime Minister Narendra Modi.

The sensitive issue is being heard by a multi-faith bench made up of five judges – a Hindu, a Sikh, a Christian, a Zoroastrian and one Muslim.

The bench has combined several petitions from Muslim women and rights groups into one to examine the issue.

The opposing sides have been given three days each to argue their cases, with the court saying the hearing will end by 19 May.

A judgement is expected to be delivered in the coming weeks.


The Indian government has told the court that triple talaq is unconstitutional, against gender justice and the dignity of women.

Muslim organisations that support the practice say it’s an issue of faith and personal law, and the courts have no role in reviewing it.

For years now, Muslim women in India have been demanding a ban on a practice they view as reprehensible.

Campaigners say over the years, thousands of women, especially those from poor families, have been discarded by their husbands, many have been rendered destitute with nowhere to go and many have been forced to return to their parental homes or fend for themselves.

Muslims are India’s largest minority community with a population of 155 million and their marriages and divorces are governed by the Muslim personal law, ostensibly based on Sharia, or Islamic law.

The law came into force in 1937 and lays out that, in matters of personal dispute, the state shall not interfere.

Source: Triple talaq: India top court reviews Islamic instant divorce – BBC News