'CAA provisions may violate the Indian Constitution': US again flags concern over citizenship act

The United States has yet again spoken on the implications of the Citizenship Amendment Act (CAA), saying that some of its key provisions may violate the Indian Constitution.

A report issued by the independent wing of the US Congress, the Congressional Research Service (CRS) found, “The CAA’s key provisions — allowing immigrants of six religions from three countries a path to citizenship while excluding Muslims — may violate certain Articles of the Indian Constitution.”

CRS is an independent research wing of the US Congress that prepares reports on issues of interest to the members of Congress so that they can make informed decisions. CRS reports are not considered to be an official report of views of the Congress.

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The BJP-led central government notified CAA in March to grant citizenship to undocumented migrants from Pakistan, Bangladesh and Afghanistan.

What does the CRS report say?

Addressing the members of Congress, the Congressional report quoted a senior US diplomat present in India at the time the bill was introduced in 2019, saying that the official expressed “genuine concern” about “India’s trajectory.”

“Some Members of Congress have expressed related concerns, including in the 118th Congress, where House Resolution 542 would condemn human rights violations and violations of international religious freedom in India, and Senate Resolution 424, which seeks a swift end to the persecution of, and violence against, religious minorities and human rights defenders in India,” the report said.

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It also urged New Delhi to amend the “discriminatory” law.

Did the US flag concerns over CAA before?

Washington, since March, has time and again raised its voice on the implication of the Citizenship Act, claiming that it infringes basic human rights in India.

The US Commission on International Religious Freedom (USCIRF) had voiced concern over the Central Government’s notification of rules to implement CAA, saying no one should be denied citizenship based on religion or belief.

In fact, the US Ambassador to India Eric Garcetti flagged similar concerns saying that Washington “can’t give up on principles” that safeguard religious freedom in a democracy, no matter how close it is to India.

“But you can’t give up on principles, no matter how close you are with friends, or if it comes from your worst enemy, when those are principles that you stand for,” Garcetti told India Today.

Rebuking Washington’s concerns saying, “I am not questioning the imperfections or otherwise of their democracy or their principles or lack of it. I am questioning their understanding of our history. If you hear comments from many parts of the world, it is as if the Partition of India never happened, there were no consequential problems which the CAA is supposed to address.”