A Constitutional Analysis of Religion-Based Citizenship in South Asia: Caa 2019 and Equality in South Asia

Abstract

This research paper critically explores the constitutionality of religion-based citizenship in the South Asia region, especially in the context of India's Citizenship (Amendment) Act, 2019 (CAA). This legislation signifies a major change in India's citizenship laws as it includes religion as a condition for granting citizenship, which leads to very essential constitutional issues of equality, secularism, and non-discrimination. The study follows a doctrinal and comparative approach to examine the harmony of the CAA with the constitutional values of India, especially equality and the basic structure doctrine.
The paper also places the CAA in the wider constitutional scenary of South Asia by drawing parallels between citizenship laws of Pakistan Bangladesh Sri Lanka and Nepal which have different levels of religious influences on their state policies. Using this comparison, the article analyses if religion-based differentiation in citizenship laws can find a constitutional justification or is it a violation of liberal democratic principles. The paper besides discusses the enactment issue of CAA with reference to international human rights law, especially newly recognized groups and refugee protections.The paper reports that although the CAA is being justified with humanitarian reasons, its targeting only specific religious communities might be seen as arbitrary and exclusionary which may go against the constitutional principle of equality before the law. It promotes an inclusive and secular citizenship model that is in harmony with constitutional morality and regional human rights treaties. It finally suggests the formulation of a holistic refugee policy and enhanced regional collaboration for tackling migration and citizenship related problems in South Asia.