'Muslims are foreigners': Inside India's campaign to decide who is a citizen

People at a rally to protest a citizenship law in India on Dec 15, 2019. PHOTO: NYTIMES

JORHAT, INDIA (NYTIMES) - For nearly two years, Ms Mamoni Rajkumari, a lawyer, spent her days deciding who was an Indian citizen and who was not as part of a tribunal reviewing suspected foreigners in the state of Assam.

Then, she says, she was dismissed for not declaring enough Muslims to be non-citizens. "I was punished," she said.

Ms Rajkumari, 54, has found herself on the front line of India's citizenship wars. In addition to the tribunals, which Assam has operated for decades, the state has also recently completed a broader, separate review of every resident's paperwork to determine if they were citizens.

That review found that nearly two million of Assam's 33 million residents, many of them desperately poor, were possibly foreigners. Now this group - which is disproportionately Muslim - is potentially stateless.

What's happening in Assam is a preview of what may be coming to India as a whole as Prime Minister Narendra Modi tries to pull the country away from its foundation as a secular, multicultural nation and turn it into a more overtly Hindu state.

The New York Times interviewed one current and five former members of the Assam tribunals that review suspected foreigners. The five former members said they had felt pressured by the government to declare Muslims to be non-citizens. Three of them, including Ms Rajkumari, said they were fired because they did not do so.

State and central government officials declined to comment.

Mr Modi's Bharatiya Janata Party has its roots in a Hindu nationalist worldview, and during last year's national elections, party leaders vowed to apply the same type of citizenship checks used in Assam to the rest of India. Modi has recently denied he has any such plans.

Like Assam, India is majority Hindu, with a large Muslim minority. In December, India's national government passed a sweeping new immigration law that gives a fast track to citizenship for unauthorised migrants from nearby countries as long as they are Hindu or one of five other religions. Muslims are excluded.

The upshot is that any Hindus left off Assam's citizenship lists after its broad review, or declared by tribunals to be foreigners, will likely be affirmed as citizens because of the new immigration law. Muslims may not.

"Increasingly, it is looking like Muslims are becoming a target," said Dr Binod Khadria, an expert on migration who is a former professor at Jawaharlal Nehru University in New Delhi. "It's a charged situation."

Even before the citizenship review, an indigenous rights movement in Assam, in northeast India on the border of Bangladesh, had been agitating for the government to expel foreigners.

The police - sometimes acting on reports from private citizens - had referred more than 433,000 residents as "suspected foreigners," according to parliamentary documents, and sent them to tribunals like the one Rajkumari sat on to produce documents or witnesses to prove they are truly Indian.

Now, the citizenship review has produced 1.9 million new "suspected foreigners." So Assam is adding more foreigner tribunals to adjudicate their cases.

The entire tribunal process has troubled Ms Rajkumari and some others who have served as tribunal members, generally hearing cases on their own.

Many poor Indians lack the required paperwork to prove citizenship, like parents' voting records and land ownership documents that have been certified by authorities as authentic.

What's more, the choice of who is labelled a suspected foreigner seems to have a religious bias to it, with a much higher percentage of Muslims sent to the tribunals than Hindus, according to Ms Rajkumari and the tribunal members interviewed. Some of those current and former tribunal members spoke on condition of anonymity because they feared reprisals from the government.

Although the tribunals are not technically courts, they function as if they were. If they find that someone cannot prove his or her citizenship, that person can be sent to detention, often within a jail.

Mr Kartik Roy, a lawyer and another former tribunal member, said "most of the references" that police officers made to his tribunal to investigate suspected foreigners "were against Muslims".

He said the pressure was clear: "You have to declare 'foreigners' means you have to declare the Muslims," he said.

Tribunal members who declared more people foreigners had their performance rated as "good", which increased their chances of keeping their jobs, according to court documents viewed by The Times. The performance of those who didn't declare enough people foreigners was marked as "not satisfactory".

Both Ms Rajkumari's and Mr Roy's names appeared on that review list with a note against their names saying they "may be terminated". That is exactly what happened. The terms of Ms Rajkumari and Ms Roy were not renewed in 2017.

They both said that because the bulk of people in front of the tribunals were Muslims, the expectation was that they would declare Muslims as foreigners, paving the way to deport them, incarcerate them or take away fundamental rights.

The director-general of police in Assam and other state officials declined to comment.

Mr Modi and top officials in his party have denied targeting Muslims in the Assam citizenship check, saying it was meant purely to identify migrants in the country illegally.

The Home Ministry in New Delhi, which ultimately oversees citizenship and residency rules in India, also declined to comment, citing the demands of the coronavirus crisis.

Dozens of people in Assam whose citizenship has been questioned have killed themselves, according to Indian media reports. Countless others fear being expelled from India or thrown in jail.

Mr Modi's government doesn't seem to be devising any plans to deport millions of people. But it is expanding its capacity to incarcerate foreigners; an enormous detention facility is under construction in the Goalpara district of Assam, where up to 3,000 people are likely to be held.

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