UNDERTAKING OF THE CANDIDATE

I, SREEJAYAA RAJGURU, certify that the work embodied in this assignment is an original
work carried out by me under the supervision of Dr. Rekha Verma at Amity Law School, Noida.

This assignment deals with the topic “Unraveling the Citizenship (Amendment) Act, 2019: A
Comprehensive Survey”. Proper care has been taken on my part to ensure that no mistake is
committed in this assignment or data included in it.

I avail myself to responsibility of any act relating with the present study. Mistakes, errors of facts
and misinterpretation are of course entirely my own.

Date : 2.03.2024

Place: Noida, Uttar Pradesh Sreejayaa Rajguru

 Acknowledgment

This is to acknowledge that I, Sreejayaa Rajguru bearing Enrollment Number:

A032170123020 have completed my Constitutional Law - II assignment on “Unraveling the
Citizenship (Amendment) Act, 2019: A Comprehensive Survey” under the guidance of Dr.
Rekha Verma Ma’am. I would like to express my sincere gratitude to Rekha Ma’am Sir for
guiding me throughout the assignment and clearing my doubts in times of need.

Last but not the least, I would also like to acknowledge the support of my family and friends for
supporting me throughout the assignment.

Sreejayaa Rajguru

Enrollment number : A032170123020 Teacher’s Signature

 Content

1. Chapter 1: Abstract
2. Chapter 2: General Proposal
 Statement of the problem
 Significance of the Research
 Research Objectives and Outcomes
 Research Questions
 Hypothesis
 Research Methodology
 Research Delimitation
3. Chapter 3: Introduction
4. Chapter 4: Literature Review
5. Chapter 5: Theoretical Framework & Outline
6. Chapter 6: Data Presentation
7. Chapter 7 : Findings and Recommendations
8. Conclusion
9. Bibliography
 Chapter 1

Abstract:

The Citizenship (Amendment) Act, 2019 (CAA) has become a focal point of intense debate,
eliciting varied responses and sparking significant socio-political discourse in India. This
research survey offers a comprehensive analysis of the multifaceted dimensions of the CAA,
aiming to provide a nuanced understanding of its historical context, legal intricacies, socio-
political implications, and public perceptions.

Beginning with a contextual overview, the survey explores the historical background leading to
the enactment of the CAA, tracing the evolution of citizenship laws in India and the socio-
political dynamics that shaped them. It examines the legal framework of the CAA, analyzing its
provisions and implications for citizenship rights, particularly concerning religious minorities.

Furthermore, the survey delves into the socio-political implications of the CAA, investigating its
impact on communal relations, religious freedom, and the broader socio-cultural fabric of Indian
society. It explores the diverse responses to the CAA, ranging from widespread protests and legal
challenges to political maneuvers and international reactions.

Through a critical synthesis of existing literature, government reports, legal documents, and
media sources, this survey presents a comprehensive overview of the CAA's significance within
the Indian socio-political landscape. It highlights the complexities and controversies surrounding
the legislation, while also identifying gaps in knowledge and areas for further research.
Keywords: Citizenship (Amendment) Act, 2019; India; Citizenship; Identity; Religious
Minorities; Socio-political Implications; Legal Framework; Historical Context; Communal
Relations; Public Perception; Controversy; Human Rights.
 Chapter 2

General proposal

Topic: Unraveling the Citizenship (Amendment) Act, 2019: A Comprehensive Survey

1.1 Statement of the problem

The Citizenship Amendment Act (CAA), 2019, has sparked significant debate and
controversy within India and internationally. This legislation aims to grant citizenship to
persecuted minorities from neighboring countries, but its provisions and implications raise
questions about its alignment with constitutional principles of secularism and equality, its
effectiveness in addressing the concerns of persecuted minorities, and its potential impact on
India's secular fabric and international relations. Furthermore, discussions and
implementations related to the CAA have led to social and political tensions, prompting
protests, petitions, and social media campaigns. This research seeks to critically examine the
objectives, provisions, and implications of the Citizenship Amendment Act (CAA), 2019,
exploring its compatibility with constitutional principles, its effectiveness in addressing
minority concerns, its impact on social cohesion, and its ramifications for India's
international relations and standing in the global community. Additionally, it aims to
investigate individual engagement in discussions and activities related to the CAA, providing
insights into public perceptions, reactions, and potential avenues for addressing the
challenges and controversies surrounding this legislation.

1.2 Significance of the Research

 The significance of this study lies in its exploration of the multifaceted implications
of the Citizenship Amendment Act (CAA), 2019, which has emerged as a pivotal
 issue within India and on the international stage. By delving into the objectives and
provisions of the CAA, the research aims to provide a nuanced understanding of its
intended purpose and legal framework. Additionally, the analysis of the CAA's
alignment with the principles of secularism and equality as enshrined in the Indian
Constitution contributes to ongoing discussions regarding the preservation of
democratic values and constitutional integrity.

 Moreover, the study seeks to evaluate the extent to which the CAA addresses the
concerns of persecuted minorities from neighboring countries, shedding light on its
potential impact on humanitarian considerations and refugee rights. The examination
of the CAA's potential effect on India's secular fabric is crucial for discerning its
implications on social cohesion and religious harmony within the country.

 Furthermore, by investigating social and political tensions arising from discussions

and implementations related to the CAA, the research illuminates the societal
divisions and challenges surrounding this legislation. Understanding the grassroots
reactions and activism sparked by the CAA provides valuable insights into public
sentiment and the dynamics of civil society engagement.

1.3 Research Objectives and Outcomes

The objective of this research is to critically examine the Citizenship Amendment Act
(CAA), 2019, by analyzing its objectives, provisions, and implications. Specifically, the
research aims to:

 Understand the objectives and provisions of the Citizenship Amendment Act (CAA),
2019, in depth.
 Evaluate the alignment of the CAA with the principles of secularism and equality as
outlined in the Indian Constitution.
 Assess the extent to which the CAA addresses the concerns of persecuted minorities from
neighboring countries seeking refuge in India.
  Investigate the potential impact of the Citizenship Amendment Act (CAA), 2019, on the
secular fabric of India, including its implications for social cohesion and religious
harmony.
 Explore instances of social and political tensions arising from discussions and
implementations related to the CAA, and analyze their underlying causes and
consequences.
 Examine the perceived impact of the Citizenship Amendment Act (CAA), 2019, on
India's international relations and standing in the global community.
 Investigate individual engagements, including participation in discussions, protests,
petitions, or social media campaigns, related to the Citizenship Amendment Act (CAA),
2019, and analyze their motivations and implications.

Research Outcome:

The research aims to provide a comprehensive understanding of the Citizenship Amendment

Act (CAA), 2019, and its implications for India's democratic values, social cohesion, and
international relations. By critically evaluating the objectives, provisions, and alignment of
the CAA with constitutional principles, the research seeks to contribute to informed debates
and policymaking processes. Furthermore, by exploring individual engagements and societal
tensions surrounding the CAA, the research aims to shed light on public perceptions,
reactions, and potential avenues for addressing the challenges and controversies associated
with this legislation. Ultimately, the research outcomes are expected to inform academic
discourse, public awareness, and future directions for policy formulation and civic
engagement related to the Citizenship Amendment Act (CAA), 2019.

1.4 Research Questions

 What are the primary objectives and provisions of the Citizenship Amendment Act
(CAA), 2019, and how well are they understood by various stakeholders?
  To what extent does the Citizenship Amendment Act (CAA), 2019, align with the
principles of secularism and equality as outlined in the Indian Constitution?
 How effectively does the Citizenship Amendment Act (CAA), 2019, address the
concerns of persecuted minorities from neighboring countries seeking refuge in
India?
 What are the potential implications of the Citizenship Amendment Act (CAA), 2019,
on the secular fabric of India, particularly in terms of social cohesion and religious
harmony?
 Have there been instances of social or political tensions arising from discussions or
implementations related to the Citizenship Amendment Act (CAA), 2019, and what
are their underlying causes and consequences?
 How is the Citizenship Amendment Act (CAA), 2019, perceived to impact India's
international relations and standing in the global community?
 What are the various forms of individual engagement, such as discussions, protests,
petitions, or social media campaigns, related to the Citizenship Amendment Act
(CAA), 2019, and what motivations and implications do they entail?

1.5 Hypothesis

The Citizenship Amendment Act (CAA), 2019, while aimed at providing citizenship to
persecuted minorities from neighboring countries, may not fully align with the principles of
secularism and equality as outlined in the Indian Constitution. It is hypothesized that the
CAA could potentially exacerbate social and political tensions within India, particularly
concerning religious identity and citizenship rights. Additionally, the implementation of the
CAA may impact India's international relations, potentially leading to diplomatic challenges
and shifts in India's standing in the global community. Individual engagement with the CAA,
including participation in discussions, protests, and social media campaigns, is expected to
reflect diverse perspectives and motivations, highlighting the complexity and contentious
nature of this legislation.
1.6 Research Methodology

To investigate the Citizenship Amendment Act (CAA), 2019, and its implications, a mixed-
methods approach was employed. The research methodology included the following steps:

 Literature Review: A comprehensive review of academic literature, government

documents, legal analyses, and media reports was conducted to gain insights into the
objectives, provisions, and controversies surrounding the CAA, as well as its potential
impact on secularism, equality, minority rights, and international relations.

 Survey Development: A structured questionnaire was designed to address the

research questions posed regarding individuals' perceptions and experiences related to
the CAA. The survey included questions on understanding of the CAA, alignment
with constitutional principles, effectiveness in addressing minority concerns, impact
on social fabric, observed tensions, and perceptions of international relations.

 Survey Distribution: The survey was framed using Google Forms and circulated
across various social media platforms, including Twitter, Facebook, and LinkedIn.
Additionally, invitations to participate in the survey were sent to reputed
personalities, scholars, activists, and individuals engaged in discussions related to the
CAA.

 Data Collection: Respondents were invited to voluntarily participate in the survey,

with the assurance of anonymity and confidentiality. Data collection took place over a
specified period, during which respondents could submit their responses
electronically.

 Data Analysis: Quantitative data collected from the survey responses were analyzed
using statistical software to identify patterns, trends, and correlations. Qualitative
data, including open-ended responses, were subjected to thematic analysis to extract
key themes and insights.
  Interpretation and Reporting: Findings from the data analysis were interpreted in light
of the research objectives and hypotheses. A detailed report summarizing the research
findings, along with relevant statistical analyses and thematic insights, was prepared
for dissemination.

1.7 Research Delimitation

 Geographic Scope: This research focuses primarily on the impact of the Citizenship
Amendment Act (CAA), 2019, within India. It does not extend to examining the
implications of the CAA in neighboring countries or other regions outside India.

 Temporal Scope: The study primarily considers the period following the enactment of
the Citizenship Amendment Act (CAA), 2019. It does not delve into historical
contexts preceding the CAA or speculate on future developments beyond the scope of
the research timeframe.

 Social Media Platforms: While the survey was circulated across various social media
platforms, including Twitter, Facebook, and LinkedIn, the research does not delve
into specific platform-based dynamics or user behaviors beyond the scope of data
collection.

 Sample Selection: The research methodology involves distributing the survey to a

broad audience, including reputed personalities and individuals engaged in
discussions related to the CAA. However, the sample selection is not randomized or
representative of the entire population, and thus, findings may not be generalizable to
the broader Indian population.

 Language Limitation: The survey and data collection primarily rely on English
language communication, which may limit participation and representation from
individuals who primarily communicate in other languages.
 Data Collection Method: The research relies on self-reported data obtained through
an online survey distributed via Google Forms. As such, it may be subject to response
biases, including self-selection bias and social desirability bias.

 Depth of Analysis: While the research aims to provide a comprehensive

understanding of the objectives, provisions, and implications of the Citizenship
Amendment Act (CAA), 2019, it may not explore all dimensions or nuances of the
topic in equal depth due to limitations of time, resources, and scope.
 Chapter 5

Theoretical Framework & Outline

5.1 History

The history of ethnic tensions in Northeast India is a lengthy saga of violence and ethnic
cleansing of Bengalis, both Hindu and Muslim. This occurred after the drawing of borders in
1947 changed what had been neighboring districts and provinces into foreign nations. Bengalis,
both Hindu and Muslim, went through this historical process. It is difficult for the regions of
India that were not affected by the Partition to comprehend the significance of this topic.

The contentious referendum that took place in 1947 resulted in the Bengali-speaking region of
Sylhet in the state of Assam being transferred to Pakistan. They were relocated to other areas of
Assam, which was the province that they had been a part of since 1874 when the land had been
pulled out of Bengal and annexed to Assam by the colonial British government. The Bengali
Hindus who had been living there were relocated and relocated around the province. They
discovered that they were not expected to be in Assam. A significant portion of the ensuing
history of conflicts between the Bengali and Assamese language groups, as well as the
antagonism against Bengalis in Northeast India, may be attributed to the maps that were made in
1874 and 1947.

It is vital to have some familiarity with the history of the National Register of Citizens and the
Citizenship (Amendment) Bill in order to comprehend the current situation regarding these two
pieces of legislation. The events that occurred during that turbulent past include forced
migrations not only in 1947 as a result of the Partition, but also in 1971 as a result of the
Bangladesh Genocide. During this genocide, an estimated two to three million Bengalis,
primarily Hindus, men, women, and children, were killed by the Pakistan Army in one of the
most heinous massacres in the history of the world.
At the time that the National Reconciliation Commission and Citizenship Bill was introduced,
the area had already moved on from this extremely painful history and was well on its way to
rehabilitation. Currently, tensions between communities that had previously been low are once
again at an all-time high. Even though the Bill provides exemptions for Sixth Schedule tribal
territories and states that are covered by the Inner Line Permit system, which requires Indians
from other parts of India to seek for a special permit from the state government to visit specific
states, the Assamese and tribal organizations are hostile to the Bill.

Many Assamese and tribal chauvinists support the National Registration Commission (NRC),
even though it is quite obviously riddled with errors. The Assam BJP has rejected it, and the
officer in charge of the exercise is now facing First Information Reports (FIRs). This is because
they see the NRC as a means of evicting "Bangladeshis," which is a term that is frequently
applied to all Bengalis of East Bengal origin, and particularly to the Muslims as a part of the
Bengali population. Their opposition to the Citizenship Bill stems from the fact that they observe
it as a means of granting citizenship to Hindu Bengalis, whom they also wish to have expelled
from the country5.

5.2 Controversies

Residents of India are referred to as "we, the people of India." This citizen of India is defined,
identified, verified, and differentiated from infiltrators under a set of three laws: the Citizenship
Act of 1955 (which has been changed several times; the most recent version appeared during the
most recent Winter Session of Parliament), the Foreigners Act of 1946, and the Passport Act of
1920. Because India does not have legislation that regulates the definition of a refugee, any non-
citizen who is currently residing in the country is considered an infiltrator, unless she is a tourist
or a diplomat. The government at the time granted the status of refugee to Tibetans, Sri Lankan
Tamils, and a few other immigrant groups that were named. These individuals are considered to
be international refugees. The Foreigners Act makes it the responsibility of the government to
remove from India all individuals who have illegally entered the country or who have infiltrated

5
Srivastava, Praveen Ranjan, and Prajwal Eachempati. “Gauging Opinions About the Citizenship Amendment Act
and NRC.” Journal of Global Information Management 29, no. 5 (September 1, 2021): 176–93.
https://doi.org/10.4018/jgim.20210901.oa10.
the country. Because there is no law, it is impossible to provide a precise estimate of the number
of people residing in India who are illegal immigrants. When attempting to estimate the number
of illegal immigrants, it is comparable to making an educated guess about the quantity of black
money that is used in the Indian economy. Although the money does exist, it is not accounted for
in official calculations and is thus up to conjecture.

The present tale started when the administration of Narendra Modi brought the Citizenship
Amendment Bill, which is now an Act, to the attention of Parliament, which ultimately approved
it on December 12th. During the conversation over the Citizenship Amendment Act, Union
Home Minister Amit Shah announced that the government will establish a National Register of
Citizens (NRC) covering the whole country. The experience in Assam has been negative, with
reports indicating that a significant number of constitutionally protected citizens have been
excluded from the National Register of Citizens (NRC). Furthermore, there is still a lack of
clarity regarding the number of illegal immigrants that were identified during the exercise, which
essentially required every resident to provide evidence of her Indian citizenship.

5.3 Protests against CAA – NRC

It has not yet been informed by the government that the statewide NRC would be implemented,
although it was just stated by Union Home Minister Amit Shah in Parliament. When asked about
the National Reconciliation Commission (NRC), Prime Minister Narendra Modi indicated that
there was no debate on the subject inside the cabinet. Following the decision made by the
administration of Narendra Modi to update the National Population Register (NPR) that was
initially generated following the Census in 2011, the current NPR effort was put into action.
When considered in the context of the Citizenship Amendment Act of 2003, the NPR has the
potential to result in the creation of an NRIC.

This is where the Citizenship Amendment Act of 2019 adds gasoline to the fire, so to speak.
Those who are opposed to the administration of Modi argue that the most recent amendment
would protect illegal immigrants who are not Muslims, while at the same time rendering a
significant number of Muslims stateless and leaving their futures unknown 6.

Prime Minister Narendra Modi has been caught off guard by massive demonstrations in India
over a citizenship bill that is perceived by many as being anti-Muslim. The Bharatiya Janata
Party (BJP) has been forced to scramble to quell the fury that has been generated. Hundreds of
thousands of people have demonstrated against the rule that offers citizenship to immigrants
from non-Muslim minority who have left Afghanistan, Bangladesh, and Pakistan. This
development represents the most significant challenge that Prime Minister Modi has faced since
he took office in 2014. At least twenty-one persons have lost their lives as a result of skirmishes
with law enforcement.

This may be the first time in the political history of independent India. Although the
demonstrations against the Citizenship (Amendment) Act (CAA), 2019 have extended to
virtually every region of the country, the reasons for the demonstrations differ depending on the
location of the demonstrations. Several people are demonstrating against the CAA because they
believe it contradicts the secular identity of the nation, while others are concerned that it will put
their cultural and linguistic identities in jeopardy at the same time. However, many feel that the
CAA, even though it is not harmful in and of itself, would become a weapon to exclude the
Muslim population of the country if it is paired with the proposed statewide National Register of
Citizens (NRC), which is an activity that has been met with opposition in the state of Assam for
its controversial nature. In light of the fact that Prime Minister Narendra Modi has publicly
rejected the declaration made by Home Minister Amit Shah that a countrywide National
Registration Commission (NRC) will be completed by the year 2024, it is clear that this charge
has had a significant impact on his administration.

The question is, why has the nation turned against the National Registration Commission (NRC),
which has caused even the Modi government to make a complete about-face? How does it relate
to the CAA in any way? If they were to be put into effect, what would their repercussions be for
the common people, regardless of their religious or geographical background?

6
India Today. “Prabhash K Dutta,” n.d. https://www.indiatoday.in/author/prabhash-k-dutta.
5.4 Why is Assam protesting against CAA?

Although this legislation includes refugees from three different countries, the indigenous people
of Assam are concerned that it would mostly benefit illegal Bengali Hindu migrants from
Bangladesh who have been established in significant numbers across the state. There is a concern
among the Assamese that if citizenship is granted to Hindu immigrants from Bangladesh who
speak Bangla, then the number of people in the state who speak Bangla would surpass the
number of people who speak Assamese. Specifically, they point to the state of Tripura as an
illustration, where Bengali-speaking Hindu migrants from Bangladesh have taken over
governmental power, therefore forcing the indigenous tribal people to the edges of society. The
people of Assam do not want immigration of any faith, whether they are Hindu or Muslim. This
is in contrast to the situation in the rest of India, where people are complaining about the
exclusion of Muslims.

5.5 Is CAA against Assam Accord?

Regarding the Citizenship Amendment Act of 2016, which might potentially render the Assam
Accord and the unique citizenship regime that was enacted for Assam under Section 6A of the
Citizenship Act of 1955 null and void, the Amendment vis-a-vis Assam Accord resolves issues
that have been raised.

The specific accusation is that the act renders the Assam Accord of 1985 invalid. This accord
stipulated the lawful detection, deletion, and expulsion of "foreigners who came to Assam on or
after March 25, 1971." Additionally, it mandated the provision of "constitutional, legislative, and
administrative safeguards" to "protect, preserve, and promote the cultural, social, and linguistic
identity and heritage of the Assamese."

The following is an excerpt from Clause 6 of the Assam Accord: "Constitutional, legislative, and
administrative safeguards, as may be appropriate, shall be provided in order to protect, preserve,
and promote the culture, social, and linguistic identity and heritage of the Assamese people.
"Foreign nationals who arrived in Assam on or after March 25, 1971 are subject to continued
detection, deletion, and expulsion in line with the law, as stipulated in Clause 8 of the Assam
agreement. Immediate and actionable efforts must be taken in order to deport these immigrants.

In addition to violating the Assam agreement, the amendment bill is also in violation of Article 8
and Clause 6 since it grants citizenship to those who are not Muslims. The citizenship
amendment act violates Section 6A of the Citizenship Act, which was derived from the
provisions of the Assam Accord and stipulates the political disenfranchisement for ten years of
every person of Indian origin who entered Assam from Bangladesh between 1 January 1966 and
25 March 1971 and are detected as 'foreigners' by the established Foreigner Tribunals. According
to this section, the Citizenship Amendment Act considers individuals from the six communities
to be legal migrants7.

The legality of Section 6A was upheld by the Supreme Court of India in the case of Assam
Sanmilita Mahasangha vs. Union of India8. As part of the implementation of the accord, the
Supreme Court of India issued appropriate directions to the Union of India and the State of
Assam. These directions included the following: to ensure that effective steps are taken to
prevent illegal access to the country from Bangladesh; to detect foreigners belonging to the
stream of 1.1.1966 to 24.3.1971 to give effect to the provisions of Section 6(3) & the Citizenship
Act; and to detect and deport all illegal migrants who have come to the State of Assam after
25.3.1971

5.5 Citizenship Act defeats the purpose of NRC

The Assam Accord stipulated that anybody who had established themselves in the state after the
target date of March 24, 1971 would be eliminated from the population and their citizenship
rights would be taken away. Nevertheless, the amendment bill proposes a reduction in the

7
Foreign tribunal act 1946
8
Chakraborty, Dr Apurba, Dr Parthankar Choudhury, Dr Amitabha Bhattacharjee, and Dr Debadatta Dhar. “Survey
on Incidences of Tuberculosis in Cachar District, Southern Assam, India.” Public Health Review: International
Journal of Public Health Research 1, no. 3 (December 31, 2014): 61–69. https://doi.org/10.17511/ijphr.2014.i3.01.
minimum residency duration for citizenship from the current legislation's 12 years to 7 years.
This change is following the current law. Following that, the initial draft of the list was made
public on July 30, 2018, to identify immigrants9.

The only need for membership in the National Registration Commission (NRC) is citizenship
following the Constitution of India and the Citizenship Act, including Section 6A of the latter. In
terms of eligibility for inclusion in the National Register of those, those who are originally
residents or inhabitants of the state of Assam are on par with those who are not 10.

In the case of Sarbananda Sonowal v. Union of India and Anr 11, the Supreme Court of India
provided the Union of India and the State of Assam with directives to ensure that effective
measures are taken to prevent illegal access to the country from Bangladesh; to detect foreigners
belonging to the stream of 1.1.1966 to 24.3.1971 to give effect to the provisions of Section 6(3)
& (4) of the Citizenship Act; and to detect and deport all illegal migrants who have arrived in the
State of Assam after 25.3.1971. The court further ordered the union to take all necessary
measures to finish the fence (double-coiled wire fencing) in those areas of the Indo-Bangla
border (including the state of Assam) where the fencing has not yet been finished but is expected
to be finished shortly.

(a) autonomy and (b) social justice are two themes that have inspired political mobilization in
Assam from the middle of the 20th century. Many political analysts in Assam believed that the
National Resistance Council (NRC) was the legal and political solution to solve these issues.

Following the year 1947, the demands for autonomy have been at the forefront of political
mobilization in Assam. Beginning with the insurgencies of the Naga and Mizo people in the
1950s and 1960s, the province also witnessed the claim of independent statehood in Meghalaya

9
Chakraborty, Dr. Apurba, Dr Parthankar Choudhury, Dr Amitabha Bhattacharjee, and Dr Debadatta Dhar. “Survey
on Incidences of Tuberculosis in Cachar District, Southern Assam, India.” Public Health Review: International
Journal of Public Health Research 1, no. 3 (December 31, 2014): 61–69. https://doi.org/10.17511/ijphr.2014.i3.01.
10
Kamalakhya Dey Purkayastha and Ors. vs. Union of India (UOI) and Ors. (05.12.2017 – SC):
MANU/SC/1523/2017
11
Sarbananda Sonowal vs. Union of India (UOI) and Ors. (12.07.2005 – SC): MANU/SC/0406/2005
during the 1970s. These movements are a manifestation of the indigenous communities' political
ambitions and their desire to exercise territorial control over land (Chaube, 1968; Goswami,
2012). These communities were a part of the administrative system that was established under
British colonial authority and was characterized by a "light touch." Movements for social justice
centred around demands of social justice reflect an insistence on citizenship and equality under
constitutional law, especially among socially marginalized groups like the tea workers and
immigrant communities who had come from various parts of colonial India (Guha, 1977). Both
topics, namely social justice and autonomy, have had a profoundly contentious relationship with
one another throughout history. As a result, they have resulted in decades of violent
confrontations, during which the state has dealt with the problem by employing a mix of military
domination and the co-optation of voices of resistance.

On occasion, particular occurrences bring to light the difficulties that exist within the political
effort for social justice among individuals who have the perception that they are excluded by the
NRC. Even though the NRC had an impact on people from a wide range of backgrounds,
religious communities, and language-speaking communities, certain individuals were doubly
disadvantaged since they were Muslim and of Bengali descent. The following poems, written by
writers such as Hafiz Ahmed, draw attention to this experience:

Write

Write Down

I am a Miya

My serial number in the NRC is 20054312

These lines, along with the efforts of a few other poets who assert that they write 'Miya' poetry
(as opposed to Bengali or Assamese poetry), were sufficient to warrant the filing of First

12
Karwan-E-Mohabbat. “‘<em>I Am &#8216;Miya&#8217;<\/Em> \u2014 Reclaiming Identity through Protest
Poetry.’” Indian Cultural Forum, December 16, 2020. https://indianculturalforum.in/2019/07/01/i-am-miya-
reclaiming-identity-through-protest-poetry/.
Information Reports (FIR) in various police stations in Assam by individuals who felt aggrieved,
regarding the fact that the poems had painted the entire Assamese community in a negative light.
The community, the land, and the homestead all start to display larger fractures within the social
fabric of Assam at this point. Sections of people who speak Assamese and organizations that
promote their interests have gone on to use the machinery of the local state to further exclude
individuals from becoming members of the National Registration Commission (NRC). An
anthropologist by the name of Ghassan Hage (2003) refers to comparable processes of moral
panic that are occurring on a worldwide scale. These processes include local groups finding a
reason to dispute with individuals who are regarded to be outsiders in their personal space. The
roots of both fears are associated with entanglements between three processes: (a) colonial
history, (b) ethnic identity, and (c) control over resources13. His work on settler-colonial paranoia
about immigration in Australia might not have an exact equivalent in Assam, but the roots of
both fears are associated with these entanglements. Each of these processes has affected the
other, and nowhere has this been more apparent than in the claims over land, which have been
defined by terrible clashes between a great number of groups ever since 1983 (Barbora, 2018).

5.6 Violation of Rights of Indigenous People

Ethical communities and groups have their homeland in the state of Assam. According to the
Census completed in 2001, the total population of Assam was 26,655,528. Among them,
3,308,570 people belong to Scheduled Tribes (STs), which account for 12.4% of the total
population of the state. Between 1991 and 2001, the state had a decadal surge of 15.1% in the
number of people who identified as ST. Within the state, there are a total of twenty-three (23)
STs that have been notified.

A democratic framework that is based on the rule of law would contribute to the strengthening of
friendship and cooperation among peoples and states, according to the United Nations

13
Barbora, Sanjay. “The Crisis of Citizenship in Assam.” The India Forum, August 10, 2023.
https://www.theindiaforum.in/article/crisis-citizenship-assam.
Declaration of Minority Rights from 1993. This declaration holds the belief that the constant
promotion and realization of the rights of ethnic, religious, and linguistic minorities is an integral
part of the development of society as a whole 14.

The ST population in Assam is primarily rural, with 95.3% of the population living in rural areas
and only 4.7% living in urban areas. The greatest urban population percentage among the eight
main STs was recorded by Dimasa, which was 10.4 percent, followed by Mikir, which had 8.3
percent. Alternatively, Miri has the lowest urban population, with only 1.8% of the inhabitants
living in urban areas15.

Native peoples, also known as indigenous peoples, first peoples, aboriginal peoples, or native
peoples, are ethnic groups that were the first people to live in a particular territory. This is in
contrast to populations that have established, occupied, or colonized the area in more recent
times. The term "indigenous" is typically used to refer to groups that continue to practice
customs or other features of an early civilization that are linked with a particular place.

ILO Convention 16 defines indigenous people as tribal people living in independent countries
whose social, cultural, and economic conditions differentiate them from other sections of the
national community and whose status is regulated wholly or partially by their own customs or
traditions or by special laws or regulations. This definition is found in Article 1 of the
Declaration of the International Labor Organization (ILO)16.

This is due to the fact that indigenous people are frequently confronted with threats to their
sovereignty, economic well-being, and access to the resources that their cultures rely on. As a

14
6th para of Preamble, Resolution No. 47, General Assembly, dated 3rd Feb 1993. Also see, Janusz Symonides,
Cultural Rights’ in Janusz Symonides (ed.), Human Right: Concept and Standards (Aldershot: Ashgate Darthmouth,
UNESCO Publishing 2000), p. 175 at 178
15
Sanders, DE. “Indigenous Peoples: Issues of Definition.” International Journal of Cultural Property 8, no. 1
(January 1999): 4–13. https://doi.org/10.1017/s0940739199770591.
16
Article 1(a) ILO Convention 169
result, political rights have been established in international law by international organizations
such as the United Nations, the International Labor Organization, and the World Bank.
 Chapter 6

Data Presentation

6.1 Age of the respondents

A total of 115 responses were being collected from different parts of India out of which most of
the respondents were from the ages of 18 – 38 and the least respondents were aged about 40 – 65
and 14 – 18.
6.2 Occupation of the respondents

Out of the responses many respondents choose not to fill up the occupation section. The
researcher believes that CAA–NRC has impacted people from all walks of life and that a
diversity of responses should be required. Of all 51% respondents identified themselves as
students and the rest includes – Advocate, Doctor, Teacher, Journalist etc.
6.3 Territory of the Respondents

We can see that 32.2% of respondents are from Assam and the next highest 7.8% are from Delhi.
Nevertheless these two States were the boiling spots during CAA protests.

6.4 Opinion about Citizenship Amendment Act, 2019

42.6% of the respondents says that India must not grant citizenship to illegal immigrants of anhy
religion whereas 37.4% supports wholeheartedly and 13% says that it is discriminatory towards
Muslims and the rest 7% choose to be quiet about it.

6.5 Understanding the Objectives and Provisions

Well, 50.4% of respondents are quite well versed with the Act whereas 42.6% of respondents
have tids and bits knowledge about the Act and the rest are are not much aware of the provisions.
6.5 Alignment of Principles in the Constitution

45.2% believe that CAA is in alignment with the principles of secularism and equality as
outlined in the Indian Constitution whereas 38.3% believe that is doesn’t really align with it. And
16.5 remains unsure about it.

6.6 Addressing Refugee crisis

About 31.3 believe that CAA addresses refugee rights 53% partially believe that it addresses
refugee rights and 15.7% believes that it “does not address”

6.7 Do you think the Citizenship Amendment Act (CAA), 2019, could potentially affect the
secular fabric of India?

Based on the diverse responses provided, it's evident that there are differing opinions regarding
the potential impact of the Citizenship Amendment Act (CAA), 2019, on the secular fabric of
India. Here's a detailed analysis of the various viewpoints:

 Concerns about Discrimination: Several respondents expressed concerns that the CAA
could lead to discrimination against Muslims. They argue that granting citizenship based
on religion contradicts India's secular principles of equality and non-discrimination. This
viewpoint emphasizes the importance of treating all religions equally under the law to
maintain the secular character of the nation.

 Humanitarian Gesture vs. Selective Citizenship: On the contrary, some respondents view
the CAA as a humanitarian gesture aimed at providing refuge to persecuted minorities
from neighboring countries. They argue that the act does not undermine secularism but
rather addresses a specific humanitarian issue without discriminating against any Indian
citizen based on their religion. This perspective emphasizes the historical tradition of
India providing shelter to persecuted communities, irrespective of their religion.

 Impact on Indigenous Populations in Northeast India: A few respondents highlight the

potential impact of the CAA on indigenous populations in Northeast India. They stress
the importance of studying the social, economic, and political implications of the act on
these populations and the demographics of the region. This perspective draws attention to
the complexities of the issue beyond just religious considerations.
  Political Context and Timing: Some respondents express skepticism regarding the
intentions behind the CAA, particularly concerning its timing and political motivations.
They argue that the act could exacerbate communal tensions and provoke further
divisions within Indian society. This viewpoint underscores the need for careful
consideration of the political context surrounding the implementation of the CAA.

 Legal and Constitutional Framework: Several respondents argue that the CAA, in itself,
does not violate India's secular fabric as it aims to grant citizenship to persecuted
minorities rather than take away citizenship based on religion. They emphasize the
importance of distinguishing between granting refuge to persecuted communities and
discriminating against any particular religious group.

 Awareness and Public Outreach: Some respondents highlight the importance of raising
awareness and conducting public outreach to ensure that the implications of the CAA are
understood by all sections of society. They stress that misinformation and lack of
understanding can lead to unrest and tensions within the country.

 Complexities in Citizenship Acquisition: There's recognition among respondents of the

complexities involved in acquiring citizenship under the CAA, particularly regarding its
potential impact on regional parity and the rights of indigenous populations.

Overall, the responses reflect a complex and multifaceted understanding of the potential
implications of the CAA on India's secular fabric. While some view it as a humanitarian measure
aligned with India's historical traditions, others express concerns about its potential to exacerbate
communal tensions and discriminate against certain religious groups. The debate surrounding the
CAA underscores the importance of balancing humanitarian concerns with constitutional
principles and addressing the diverse socio-political realities within India.

6.8 Have you personally witnessed or experienced any social or political tensions arising as
a result of discussions or implementations related to the Citizenship Amendment Act
(CAA), 2019? Explain

Based on the responses provided, there's a clear indication of widespread social and political
unrest surrounding the Citizenship Amendment Act (CAA), 2019, across various regions of
India. Here's a detailed analysis based on the responses:

 Regional Discontent: Responses from Assam and Delhi, among other places, highlight
the regional discontent and tensions sparked by the CAA. In Assam, particularly, there
have been massive protests, with concerns about the act's implications on the indigenous
population and its potential to exacerbate existing tensions over immigration issues.

 Protests and Riots: Numerous respondents mention witnessing protests, riots, and social
unrest due to the CAA. These events indicate the intensity of public opposition and the
divisive nature of the act, which has led to clashes between protesters and authorities in
some instances.

 Lack of Understanding and Misinformation: Several respondents express concerns about

a lack of understanding and misinformation surrounding the CAA. This highlights the
importance of effective communication and public outreach to clarify the objectives and
implications of the act to mitigate tensions and foster informed discussions.
  Religious and Political Divisions: The responses also underscore the religious and
political divisions exacerbated by the CAA. While some view the act as discriminatory
and divisive, others support it as a measure to protect persecuted minorities. These
differing perspectives reflect broader societal divisions and ideological conflicts within
Indian society.

 Impact on Social Cohesion: The CAA has evidently strained social cohesion, leading to
tensions among communities and even affecting personal relationships, as mentioned by
some respondents who had to cut ties with friends due to disagreements over the act.

 Government Communication and Response: There are criticisms regarding the

government's handling of the CAA, including accusations of failure to adequately explain
the objectives of the act and address concerns raised by various sections of society. The
lack of effective communication and engagement has contributed to the proliferation of
misinformation and distrust among the public.

 Potential Threats to Secularism and Constitutional Principles: Many responses express

concerns about the potential threats posed by the CAA to India's secular fabric and
constitutional principles of equality and non-discrimination. Critics argue that the act's
selective granting of citizenship based on religion contradicts the secular ethos enshrined
in the Indian Constitution.

Overall, the responses paint a picture of a deeply polarized and volatile socio-political landscape
shaped by the CAA. The act has not only triggered widespread protests and unrest but also
exposed underlying fault lines related to identity, religion, and regional autonomy. Moving
forward, addressing these concerns and fostering inclusive dialogue will be crucial to resolving
the tensions surrounding the CAA and promoting social harmony in India.
6.9 Impact of CAA in the International Scenario

About 40.9% thinks that it has created a positive outlook and 40% believes that it has created a
negative outlook and the rest 19.1 % has mixed reactions on it.

7.0 Engagement in Protests and Social activities

43.5% has protested against CAA and 43.5 didn’t participate in any protest

10.4% was unsure about the protests whereas a very few percent of people supported for the
CAA.
 Chapter 7

Findings and Recommendations

1. Findings

A. Demographic Insights:

Majority of respondents fell within the age range of 18 to 38 years, with fewer
respondents aged between 40 to 65 and 14 to 18 years.
The occupation section saw significant non-responses, indicating a need for diverse
perspectives, with students comprising 51% of identified respondents, followed by
professionals like advocates, doctors, teachers, and journalists.

B. Geographical Distribution:

Notable representation from Assam and Delhi, despite being hotspots of CAA protests.
Assam and Delhi's responses underscore regional tensions and concerns over the Act's
implications.

C. Opinions on Citizenship Granting:

Diverse opinions on whether India should grant citizenship to illegal immigrants, with
42.6% against and 37.4% in support.
Some respondents perceived it as discriminatory, particularly towards Muslims, while
others remained neutral or silent on the issue.

D. Awareness and Understanding of the Act:

While 50.4% of respondents are well-versed with the Act, 42.6% have limited
knowledge, and the remaining are less aware of its provisions.
E. Alignment with Constitutional Principles:

Views on the alignment of CAA with secularism and equality principles are split, with
45.2% seeing alignment, 38.3% disagreeing, and 16.5% unsure.

F. Perceptions on Addressing Refugee Rights:

Mixed perceptions on whether CAA adequately addresses refugee rights, with varying
degrees of support and skepticism.

G. Complexities and Concerns:

Concerns raised about discrimination, political motivations, and potential impact on

indigenous populations.
Recognition of complexities in citizenship acquisition under CAA, highlighting the need
for careful consideration.

H. Impact on Social Fabric:

The Act has led to widespread social and political unrest, with protests, riots, and
tensions observed across various regions.
Lack of understanding and misinformation contribute to societal divisions and ideological
conflicts.
I. Public Sentiment:

Mixed public sentiment, with approximately equal proportions viewing the Act positively
and negatively, while others hold mixed reactions.
Significant participation in protests against CAA, reflecting deep-seated concerns and
opposition.
 J. Government Response and Communication:

Criticisms directed towards the government's handling of the CAA, including inadequate
communication and failure to address public concerns effectively.

2. Recommendations

A. Enhance Public Awareness and Understanding:

 Conduct widespread public awareness campaigns to educate citizens about the

provisions and implications of the Citizenship Amendment Act (CAA).
 Utilize multiple platforms such as social media, community workshops, and
educational institutions to reach diverse segments of society.
 Provide easily accessible and comprehensible materials in multiple languages to
ensure broader comprehension.

B. Facilitate Inclusive Dialogue:

 Foster open and inclusive discussions on the CAA, encouraging participation

from various stakeholders, including civil society organizations, religious leaders,
and marginalized communities.
 Organize structured dialogues, forums, and town hall meetings to facilitate
constructive conversations and address differing viewpoints.
 Ensure that marginalized voices, including those of indigenous populations and
minority groups, are heard and respected during discussions.

C. Address Regional Concerns:

 Conduct thorough research and analysis to understand the specific concerns and
grievances of regions like Assam and Northeast India.
  Engage with local communities and indigenous groups to assess the potential
socio-economic and cultural impacts of the CAA.
 Implement region-specific policies and measures to address the unique challenges
and safeguard the rights of vulnerable populations.

D. Promote Constitutional Values and Secularism:

 Emphasize the importance of upholding constitutional principles of equality,

secularism, and non-discrimination in all aspects of governance and policy-
making.
 Encourage public discourse on the fundamental rights enshrined in the Indian
Constitution and their relevance in the context of the CAA.
 Develop educational programs to instill values of tolerance, pluralism, and respect
for diversity among citizens, especially youth.

E. Ensure Government Accountability and Transparency:

 Hold government authorities accountable for their actions and decisions related to
the implementation of the CAA.
 Demand transparency in policy-making processes and decision-making, including
the rationale behind any amendments or modifications to the Act.
 Establish mechanisms for regular public feedback and consultation to ensure that
government policies reflect the aspirations and concerns of the people.

F. Mitigate Social Unrest and Communal Tensions:

 Implement measures to address underlying socio-economic disparities and

inequalities that contribute to social unrest and communal tensions.
 Promote inter-community dialogue, cultural exchange, and cooperation initiatives
to foster mutual understanding and trust among diverse communities.
  Strengthen law enforcement and conflict resolution mechanisms to prevent and
address incidents of violence or discrimination stemming from CAA-related
tensions.

G. Support Grassroots Initiatives and Civil Society Efforts:

 Provide financial and logistical support to grassroots organizations and civil

society initiatives working towards promoting social cohesion, human rights, and
inclusive citizenship.
 Collaborate with non-governmental organizations (NGOs) and community-based
groups to implement local-level projects aimed at promoting peacebuilding,
dialogue, and reconciliation.
 Recognize and amplify the voices of grassroots leaders and activists advocating
for justice, equality, and democratic values in their communities.

H. Engage in Diplomatic Dialogue and International Cooperation:

 Engage in diplomatic dialogue with neighboring countries to address the root

causes of persecution and displacement faced by minority communities.
 Advocate for international cooperation and support to provide humanitarian
assistance and protection to refugees and asylum seekers affected by conflicts and
human rights violations.
 Work towards building consensus and solidarity within the international
community on issues related to refugee protection, human rights, and religious
freedom.
 By implementing these recommendations, policymakers, civil society actors, and
community leaders can work together to address the complex challenges posed by
the Citizenship Amendment Act (CAA) while upholding democratic values,
promoting social justice, and ensuring the protection of human rights for all
citizens.
 Conclusion

The Citizenship Amendment Act (CAA), enacted in December 2019, has sparked
widespread debate and contention across India, igniting discussions on issues ranging
from citizenship rights to religious discrimination and regional autonomy. As our
research findings illustrate, the CAA has deeply polarized Indian society, with diverse
perspectives reflecting the multifaceted nature of the challenges it presents.

At the heart of the debate lies a fundamental question of identity and belonging: Who has
the right to Indian citizenship, and on what basis should it be granted? The CAA, which
offers expedited citizenship to persecuted minorities from neighboring countries, has
been hailed by some as a humanitarian gesture rooted in India's historical tradition of
providing refuge to those in need. However, others view it as a discriminatory policy that
undermines the secular fabric of the nation by privileging certain religious groups over
others.

One of the key findings of our research is the regional discontent and tensions sparked by
the CAA, particularly evident in states like Assam and Delhi. In Assam, where concerns
over immigration and indigenous rights run deep, the Act has reignited long-standing
grievances and led to massive protests. Similarly, in Delhi, the epicenter of nationwide
protests against the Act, the fault lines of identity, religion, and politics have been starkly
exposed.

Despite the government's assertions of the CAA's alignment with constitutional

principles, including secularism and equality, our research highlights the nuanced and
often contradictory nature of public opinion. While some view the Act as a necessary
measure to protect persecuted minorities, others fear it will further marginalize vulnerable
communities and exacerbate communal tensions.

Moreover, our findings underscore the importance of addressing the complexities and
concerns surrounding the CAA in a holistic manner. From the impact on indigenous
populations in Northeast India to the potential threats to social cohesion and
constitutional values, there is a pressing need for informed dialogue and evidence-based
policymaking.

In light of these challenges, our recommendations offer a roadmap for moving forward
towards a more inclusive and equitable approach to citizenship and governance. By
enhancing public awareness, promoting inclusive dialogue, addressing regional
grievances, and upholding constitutional values, stakeholders can work together to
mitigate the social unrest and communal tensions exacerbated by the CAA.

Furthermore, it is imperative that the government demonstrates accountability,

transparency, and responsiveness in its dealings with the public. By engaging in
meaningful dialogue with civil society, grassroots organizations, and affected
communities, policymakers can build trust, foster cooperation, and promote greater social
cohesion.

Ultimately, the Citizenship Amendment Act presents India with a profound test of its
democratic values and commitment to pluralism. As we navigate the complexities of this
contentious issue, we must remain steadfast in our dedication to justice, equality, and the
protection of human rights for all citizens, regardless of religion, ethnicity, or
background. Only through genuine dialogue, cooperation, and respect for diversity can
we hope to overcome the divisions that threaten to tear our society apart and build a more
inclusive and resilient nation for future generations.
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