By Bindia Ishaq
India has long projected itself as the world’s largest democracy, a nation whose constitutional foundations are built on secularism, pluralism and equality before the law. Elections involving hundreds of millions of voters remain a remarkable democratic exercise. Yet democracy is measured by far more than the ballot box. Its true strength lies in the protection it offers to minorities, the impartiality of its institutions and the confidence every citizen has that the law will be applied equally, irrespective of religion or ethnicity. It is against this broader standard that growing concerns over the treatment of Muslims under Prime Minister Narendra Modi’s government continue to attract scrutiny both within India and internationally.
Over the past decade, a series of legislative changes, administrative measures and political developments have prompted persistent criticism from opposition parties, constitutional experts and international human rights organisations. Critics argue that these developments collectively point towards an increasingly exclusionary approach to citizenship and national identity, one that places Muslims under disproportionate pressure while reshaping the character of India’s secular republic. The government, meanwhile, rejects allegations of discrimination, insisting that its policies are designed to strengthen national security, improve governance and address illegal migration rather than target any religious community.
The debate extends well beyond political rhetoric and into the daily lives of ordinary citizens. Across several Indian states, reports have emerged of Muslim-owned businesses facing intimidation, economic boycotts and pressure from extremist groups. Human rights organisations and local media have documented incidents in which Muslim traders were allegedly forced to remove Islamic names from their shops or comply with unofficial demands following communal tensions. Videos circulating widely on social media have appeared to show vigilante groups threatening shopkeepers and disrupting businesses, although the circumstances surrounding individual incidents have often remained disputed. Regardless of whether such episodes represent isolated events or part of a broader trend, they have fuelled anxiety among many Muslims about their place in contemporary India.
Concerns have also been raised over discrimination in housing and employment. Civil society organisations have reported cases in which Muslim families have struggled to rent homes or secure employment because of their religious identity. While such discrimination is not unique to India and often operates informally rather than through official policy, critics argue that the absence of consistent legal protection and effective enforcement has allowed prejudice to become increasingly visible in some parts of the country. This has contributed to a perception among many Muslims that constitutional guarantees of equality are becoming harder to realise in practice.
One of the most contentious issues has been the growing use of what has become known as “bulldozer justice”. In recent years, authorities in several BJP-governed states have demolished homes, shops, mosques, religious schools and commercial properties following allegations of riots or other criminal activity. Officials have generally maintained that these demolitions target illegal structures constructed in violation of municipal regulations. Critics, however, argue that many demolitions have taken place before courts have determined guilt, raising serious concerns about due process and equal protection under the law. The issue has drawn repeated criticism from legal scholars and human rights groups, who contend that executive action should never replace judicial procedure in a constitutional democracy.
Questions surrounding citizenship have become even more sensitive following a recent statement by India’s Ministry of External Affairs that an Indian passport is primarily a travel document and, by itself, does not constitute proof of citizenship. Legally, this position is not unusual. Many countries distinguish between travel documents and definitive proof of nationality. Nevertheless, the timing of the clarification has generated considerable political debate because it comes against the backdrop of wider disputes over citizenship verification.
Unlike several countries that provide citizens with a single definitive proof of nationality, India operates through multiple forms of official documentation. Citizens may possess Aadhaar cards, voter identity cards, passports, birth certificates, Permanent Account Number (PAN) cards, driving licences and ration cards, yet no individual document is regarded as absolute proof of citizenship under Indian law. Legal experts have long noted that citizenship is ultimately determined by statutory provisions rather than by possession of any single identity document. However, this fragmented documentation system creates practical uncertainty for many people, particularly those from poorer or marginalised communities whose historical records may be incomplete or inconsistent.
The roots of this uncertainty stretch back decades. India’s Citizenship Act of 1955 broadly recognised birth within the country as the basis of citizenship. Amendments introduced in 1987 required at least one parent to be an Indian citizen for citizenship by birth. Further amendments passed in 2003 made the rules significantly stricter by linking citizenship to the legal status of both parents in many circumstances, particularly where one parent was considered an illegal migrant. Successive governments defended these changes as necessary responses to concerns over undocumented migration, especially in border regions. Critics, however, argue that increasingly complex documentation requirements have disproportionately affected economically disadvantaged communities that lack comprehensive official records.
(The writer is a social activist and enthusiastically serving her community. She loves to comment on social and political issues. She can be reached at editorial@metro-morning.com)
