Selective Citizenship Is Unconstitutional and Divisive: Dropping FT Cases for Non-Muslims Only in Assam Is State-Sponsored Discrimination

Mohammad Shafi, National Vice President of the Social Democratic Party of India strongly condemns the Assam government’s discriminatory decision to drop Foreigners’ Tribunal (FT) cases against non-Muslims who entered the state before December 31, 2014, under the Citizenship Amendment Act (CAA). This policy is a blatant act of religious discrimination, undermines India’s secular fabric, and intensifies communal tensions in Assam. We stand united with all communities facing injustice and demand the immediate reversal of this divisive measure.

The CAA, enacted in 2019 and operationalized in March 2024, grants citizenship to non-Muslims from Afghanistan, Bangladesh, and Pakistan, while explicitly excluding Muslims, violating Article 14’s guarantee of equality. By prioritizing Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians, this directive creates a parallel citizenship track, rendering Muslims vulnerable to statelessness. Over 1.9 million people, including an estimated seven lakh Muslims, were excluded from the 2019 National Register of Citizens (NRC). While non-Muslims can seek CAA protection, Muslims face arbitrary FT proceedings, detention, or deportation, perpetuating systemic bias.

The Foreigners’ Tribunals, notorious for procedural flaws, have declared over 1.6 lakh people foreigners, with Muslims disproportionately targeted (approximately 90% of Muslim cases vs. 40% of Hindu cases). The Supreme Court has criticized FTs for arbitrariness, yet this policy further erodes their credibility. The CAA’s 2014 cut-off also violates the Assam Accord’s 1971 deadline, threatening Assam’s indigenous identity and fueling ethnic strife.

Equally egregious are the Assam government’s eviction drives, disproportionately targeting Bengali-speaking Muslims under the pretext of clearing “encroachments.” These forceful evictions have displaced thousands, destroying homes and livelihoods. Reports indicate over 3,400 Muslim households have been affected, though exact numbers are under verification. Furthermore, recent electoral roll revisions have raised concerns about the removal of numerous Muslim voters, citing “non-records,” effectively disenfranchising communities already marginalized by the NRC and CAA. These actions align with the BJP’s divisive electoral agenda, aiming to suppress Muslim political representation.

The SDPI demands the immediate withdrawal of this policy, a stay on the CAA, an overhaul of the FT system, and a halt to targeted evictions and voter removals. We urge the Supreme Court to expedite hearings on the CAA’s constitutionality and call on the central government to protect all persecuted groups, regardless of religion, to uphold India’s secular values. The SDPI remains steadfast in its fight for justice, equality, and the rights of marginalized communities against policies that sow division and hatred.