Introduction
This essay explores the contentious issue of linking citizenship to identity in India, arguing that such a connection is problematic due to the diverse and complex nature of Indian society. Citizenship, as a legal and political status, should ideally be a universal right detached from personal or communal identities such as religion, ethnicity, or cultural affiliation. In India, however, policies and laws like the Citizenship Amendment Act (CAA) of 2019 have sparked debates by seemingly tying citizenship to religious identity. This position paper contends that anchoring citizenship to identity undermines equality, fosters exclusion, and threatens social cohesion in a pluralistic society. Using empirical examples, including the CAA and historical precedents, this essay will examine the implications of identity-linked citizenship, evaluate various perspectives, and advocate for an inclusive model of citizenship. The discussion is structured into three key sections: the historical context of citizenship in India, the impact of identity-based policies, and the case for decoupling citizenship from identity.
Historical Context of Citizenship in India
India’s journey as a democratic nation has been shaped by its commitment to secularism and diversity, enshrined in the Constitution of 1950. The framers of the Constitution, aware of the subcontinent’s history of communal strife during the Partition of 1947, sought to create a citizenship framework that avoided religious or ethnic bias. Initially, citizenship was defined under Articles 5-11 of the Constitution based on birthplace, descent, and residency, with no explicit linkage to identity markers like religion (Jayal, 2013). However, subsequent amendments and political developments have occasionally challenged this secular foundation. For instance, the Citizenship Act of 1955 and its later amendments introduced provisions that, while not overtly identity-based, allowed for discretionary naturalisation processes that could indirectly favour certain groups.
The historical backdrop of Partition, during which millions were displaced along religious lines, remains a sensitive issue. It underscores the risks of intertwining citizenship with identity, as such actions can reopen old wounds and alienate communities. Scholars argue that India’s secular framework was designed to prevent the state from becoming a tool of exclusion (Bhargava, 2010). Yet, policies in recent years have tested this principle, raising questions about whether citizenship is truly universal or subtly tied to specific identities. Understanding this context is crucial to evaluating contemporary debates and their implications for India’s democratic ethos.
Impact of Identity-Based Citizenship Policies
A pivotal example of linking citizenship to identity is the Citizenship Amendment Act (CAA) of 2019, which grants expedited citizenship to persecuted religious minorities from Pakistan, Bangladesh, and Afghanistan—but excludes Muslims from this provision. The CAA, coupled with the proposed National Register of Citizens (NRC), has been widely criticised for creating a de facto religious test for citizenship (Roy, 2020). Proponents of the CAA argue that it aims to protect vulnerable groups fleeing persecution in neighbouring countries. However, critics contend that by explicitly omitting Muslims, the Act violates the secular principles of the Constitution and discriminates against a significant portion of the population (Jayal, 2019). Indeed, the exclusionary nature of the policy has sparked widespread protests, particularly in states like Assam, where fears of demographic change and marginalisation are acute.
Empirical evidence from Assam’s NRC exercise in 2019 further highlights the risks of identity-linked citizenship. The process, intended to identify undocumented immigrants, left nearly 1.9 million people—many of them poor and Muslim—stateless, raising concerns about systemic bias and administrative errors (Chakravarty, 2021). Such policies not only disenfranchise individuals but also deepen communal divides, as they implicitly equate citizenship with belonging to a particular religious or cultural group. Furthermore, reports by human rights organisations indicate that detention centres for those deemed “illegal” have led to severe humanitarian crises, including family separations and loss of livelihood (Human Rights Watch, 2020). These examples underscore the tangible harms of tethering citizenship to identity, which often results in exclusion rather than inclusion.
The Case for Decoupling Citizenship from Identity
Given the challenges posed by identity-based citizenship, there is a compelling case for decoupling the two in India. First, detaching citizenship from identity aligns with the constitutional guarantee of equality under Article 14, which prohibits discrimination on grounds of religion, race, or caste (Bhargava, 2010). A citizenship model based solely on legal criteria—such as residency or birth—avoids the pitfalls of exclusion and ensures that the state remains neutral in matters of personal identity. This approach is not only legally sound but also pragmatic in a country as diverse as India, where over 1.3 billion people belong to myriad religious, linguistic, and cultural groups.
Second, international norms and frameworks, such as the Universal Declaration of Human Rights (1948), advocate for citizenship as a fundamental right irrespective of identity. India, as a signatory to such agreements, has a moral obligation to uphold these principles. Comparative examples, such as Canada’s multicultural citizenship model, demonstrate that inclusive policies can foster social harmony without compromising national security or coherence (Kymlicka, 1995). While India’s context differs due to its unique historical and demographic challenges, the underlying principle of neutrality in citizenship laws remains applicable and relevant.
Finally, decoupling citizenship from identity can help mitigate social tensions and rebuild trust among communities. The protests against the CAA, for instance, were not merely about a single law but reflected deeper anxieties about the state’s role in defining who belongs and who does not (Roy, 2020). A more inclusive citizenship framework, grounded in universal principles rather than exclusionary criteria, could serve as a unifying force in a fractious society. Admittedly, implementing such a shift would require overcoming political resistance and addressing legitimate concerns about border security. Nevertheless, the long-term benefits of equality and cohesion arguably outweigh these challenges.
Conclusion
In conclusion, this essay has argued that citizenship in India should not be linked to one’s identity, as doing so risks undermining equality, fostering exclusion, and exacerbating social divisions. Historical precedents, such as the secular intent of the Indian Constitution, provide a foundation for an inclusive citizenship model, while contemporary policies like the CAA and NRC reveal the dangers of identity-based frameworks. Empirical examples, particularly from Assam, illustrate the real-world consequences of exclusionary practices, including statelessness and communal unrest. By contrast, decoupling citizenship from identity offers a path towards greater equality, aligns with international norms, and holds the potential to strengthen social cohesion. The implications of this argument are significant: policymakers must prioritise universal citizenship laws to ensure that India remains a true democracy, where legal status is not contingent on personal or communal identity. Moving forward, addressing this issue will require not only legislative reform but also a broader societal commitment to the principles of diversity and inclusion that define India’s national character.
References
- Bhargava, R. (2010) The Promise of India’s Secular Democracy. Oxford University Press.
- Chakravarty, I. (2021) The NRC and the Politics of Exclusion in Assam. Economic & Political Weekly, 56(3), 45-52.
- Human Rights Watch (2020) India: New Citizenship Law is Discriminatory. Human Rights Watch.
- Jayal, N. G. (2013) Citizenship and Its Discontents: An Indian History. Harvard University Press.
- Jayal, N. G. (2019) Reconfiguring Citizenship in Contemporary India. South Asia: Journal of South Asian Studies, 42(1), 33-50.
- Kymlicka, W. (1995) Multicultural Citizenship: A Liberal Theory of Minority Rights. Oxford University Press.
- Roy, A. (2020) The Citizenship Amendment Act and the Politics of Belonging in India. Contemporary South Asia, 28(2), 145-157.
