Humanitarian Crisis or Solution?: Examining the Implications of the Citizenship (Amendment) Act, 2019

  • Kinjal Majumdar,
  • Rupam Chinya,
  • Krishnayan Dey and Basupriya Chattopadhyay
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  • Kinjal Majumdar

    Student at Sister Nivedita University School of Law, India

  • Rupam Chinya

    Student at Sister Nivedita University School of Law, India

  • Krishnayan Dey

    Student at Sister Nivedita University School of Law, India

  • Basupriya Chattopadhyay

    Student at Sister Nivedita University School of Law, India

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Abstract

The Citizenship (Amendment) Act, 2019 (CAA) has ignited a contentious debate in India and beyond, raising questions about its humanitarian implications. This paper critically examines the CAA's impact, considering both its potential as a solution for persecuted minorities and its perceived role in exacerbating existing social, political, and humanitarian challenges. The CAA aims to provide expedited citizenship pathways to persecuted religious minorities from Afghanistan, Bangladesh, and Pakistan who entered India before December 31, 2014. Proponents argue that it serves as a humanitarian gesture, offering refuge to those facing religious persecution. However, critics contend that the act is discriminatory, particularly against Muslims, and undermines India's secular fabric by privileging specific religious identities in citizenship criteria. This paper delves into the complexities surrounding the CAA, analyzing its constitutional validity, international ramifications, and misinterpretations. It explores how the act intersects with broader issues of communal harmony, identity politics, and marginalization, posing challenges to social cohesion and diversity preservation. Additionally, the paper investigates the political implications of the CAA, including its potential to shape alliances, voter dynamics, and communal tensions. Navigating these complexities demands a nuanced understanding of the CAA's implications, weighing humanitarian imperatives against constitutional obligations. The paper underscores the importance of promoting dialogue, inclusivity, and respect for diversity to address the legitimate concerns of all communities and secure a peaceful and harmonious future for the nation. Ultimately, it seeks to contribute to informed discourse and decision-making surrounding the CAA, recognizing its potential to either exacerbate humanitarian crises or serve as a viable solution for persecuted minorities.

Type

Research Paper

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International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 2357 - 2373

DOI: https://doij.org/10.10000/IJLMH.117255

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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