Skip to main content

Indian citizenship law amidst 'deemed legitimate' migrations, invasions, empires

By Osman Sher* 
India’s Citizenship Amendment Act passed in 2019 was put on hold to be implemented before the elections of 2024 with a purpose. It provides naturalization for Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who fled to India from Afghanistan, Pakistan, and Bangladesh before December 31, 2014, but have lived and worked in India for six years. 
The law is exclusionary because the Muslims have been deprived of this facility. Based on faith, this law hurts the secular spirit of the Constitution, hence unconstitutional. In the background of this law, we may briefly look at the history of the Muslims’ presence in the Indian subcontinent.
Human migration is a natural phenomenon happening since antiquity. It was done basically in search of food. Later, when the humans became more intelligent, they did not only search more sophisticated resources but also permanent homes. Therefore, later migrations took the shape of invasions. For India, it is said that a wave of migration from East Africa or Southern Europe happened about 30,000 years age. 
However, the most notable was the Aryan migration or invasion which took place around 2000 BC. when the semi-nomadic people from Eurasian steppe spread over a greater part of Europe in the west and over Turkey, Iran, and India in the east.   
Later, the invasions took the shape of Empire-building. The desire for this came out of the human instinct in a leader/king/nation compelling them to extend their sphere of influence by occupying other’s land. 
Thus, over time, we find many dozens of empires in the world like that of Roman, Greek, Egyptian, Persian, Mongol, Ottoman, etc. The Akkadian and Sumer Empires of the present Middle East are said to be the oldest that existed around 24000 BC. 
The Indians have not only themselves faced the greatest empire of the world, the British Empire, but also had built their own empires like the Mauryas (320 BC), the Guptas (320 AD), and the Mughals (1526 AD). These stories date back to the period when the modern international law was not written. 
In those days such migrations, invasions, and empires were deemed legitimate. In this regard, India has been such a magnetic land that it has invited invasions from the Greeks, Scythians, Parthians, Kushans, Huns, Arabs, Turks, Afghans Portuguese, Dutch, French and British. 
It was only the Europeans who conquered the land without the intention of settling down here. And of those who settled in India, all except the Muslims were absorbed in the Vedic religion. 
The Muslim invasion and empire building in India had begun with the first Arab invasion of Sindh in 712 A.D. The historian Arnold Toynbee writes about this invasion in "Mankind and Mother Earth", Chapter 50:
“The Arab conquests were also facilitated by the directive in the Koran that ‘People of the Book’ were to be tolerated and protected if they submitted to the Islamic Government and agreed to pay a surtax. The benefit of this directive was extended from Jews and Christians to Zoroastrians, and eventually to Hindus as well”. 
Subsequent Muslim settlements in India were made through the invasions of Shahabuddin Ghauri and Zaheeruddin Baber. Only a few Muslims came from other areas in search of economic opportunities because travelling to far off lands was not easy in those days, and could be made only on horses and carts. 
The Muslims who first came to Sindh started interacting soon with the local people in every walk of life. IH Qureshi writes in "The Muslim Community of the Indo-Pakistan Subcontinent":
“In 886 the Quran was translated in Sindi on the request of a Hindu chief. Arab historians who visited the region in the tenth century noted that the urban population spoke both Arabic and Sanskrit. The cultural interchange was most productive. The Kufa leather workers trained the Makran and Sind tanners in the art of tanning leather with dates. 
"This improved the finish of indigenous leather products and made them softer. Sind shoes now fetched a high price and were regarded as a luxury item in the caliph’s territories. 
"Sind breeds of camel were also upgraded, and the demand for them rose in neighbouring countries. On the other hand, Sanskrit works on astronomy, medicine, ethics, and administration were introduced by Sindi intellectuals to the translation bureau at the Abbasid court". 
It was only the Europeans who conquered the land without the intention of settling down here
As regards the Sultanate period, Romila Thapar writes in "A History of India", Volme one, Chapter 13:
“The concept that there was a separate community or ‘nationality’ of Hindus and Muslims did not exist during this period... The fusion of cultures in any case cannot be judged by the writings of a prejudiced minority (Muslim courtiers) determined to hold aloof: it can only be judged by the cultural pattern of the society as a whole. 
"From the pattern of society in the Sultanate period it is evident that a synthesis of the two cultures took place, although this synthesis did not occur at every level and with the same intensity. Furthermore, the pattern which emerged was to mature in the period subsequent to that of the Sultanate”. 
Later, the Mughals, on their part, became a universal symbol of power and endowed grandeur to India by their rule so that the word Moghul earned its place in the lexicon as “magnate”. 
They remained a stable unifying force for two centuries so strongly that in the War of Independence of 1857 against the British the Indians of all faiths assembled under the banner of the Moghul king Bahadur Shah Zafar. 
The Sultanate and Mughal periods were a melting pot when the rajas of all faiths did not only employ army commanders belonging to the other’s faith but also made political and military alliances on the same basis against the rivals of their own faith. 
In the span of 1200 years, the Muslims living in Indian Subcontinent, the majority of whom are local converts, are Indians in every aspect of life. It was the British who exploited the faith factor and turned the Indians into Hindus and Muslims. Sadly, some of us still carry that legacy and thrive in schism.    
---
*Retired  civil servant, has worked in United Nations, British Commonwealth and SAARC. Books:  "The India of Ancient Times", "The Culture of Tolerance, A study of Indian History", "India as seen by Early Muslim Chronicles", "Religion, God, and Islam", "Hindustan, Ibtedai Muslim Mourekheen ki Nazaron Mein" (Urdu). Currently based in New York

Comments

TRENDING

NYT: RSS 'infiltrates' institutions, 'drives' religious divide under Modi's leadership

By Jag Jivan   A comprehensive New York Times investigation published on December 26, 2025, chronicles the rise of the Rashtriya Swayamsevak Sangh (RSS) — characterized as a far-right Hindu nationalist organization — from a shadowy group founded in 1925 to the world's largest right-wing force, marking its centenary in 2025 with unprecedented influence and mainstream acceptance. Prime Minister Narendra Modi , who joined the RSS as a young boy and later became a full-time campaigner before being deputized to its political wing in the 1980s, delivered his strongest public tribute to the group in his August 2025 Independence Day address. Speaking from the Red Fort , he called the RSS a "giant river" with dozens of streams touching every aspect of Indian life, praising its "service, dedication, organization, and unmatched discipline." The report describes how the RSS has deeply infiltrated India's institutions — government, courts, police, media, and academia — ...

Why experts say replacing MGNREGA could undo two decades of rural empowerment

By A Representative   A group of scientists, academics, civil society organisations and field practitioners from India and abroad has issued an open letter urging the Union government to reconsider the repeal of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) and to withdraw the newly enacted Viksit Bharat–Guarantee for Rozgar and Ajeevika Mission (Gramin) Act, 2025. The letter, dated December 27, 2025, comes days after the VB–G RAM G Bill was introduced in the Lok Sabha on December 16 and subsequently approved by both Houses of Parliament, formally replacing the two-decade-old employment guarantee law.

ArcelorMittal faces global scrutiny for retreat from green steel, job cuts, and environmental violations

By  Jag Jivan    ArcelorMittal is facing mounting criticism after cancelling or delaying nearly all of its major green steel projects across Europe, citing an “unsupportive policy environment” from the European Union . The company has shelved projects in Germany , Belgium , and France , while leaving the future of its Spanish decarbonisation plan uncertain. The decision comes as global unions warn that more than 5,500 jobs are at risk across its operations, including 4,000 in South Africa , 1,400 in Europe, and 160 in Canada .

Domestic vote-bank politics 'behind official solidarity' with Bangladeshi Hindus

By Sandeep Pandey, Faisal Khan  The Indian government has registered a protest with Bangladesh over the mob lynching of two Hindus—Deepu Chandra Das in Mymensingh and Amrit Mandal in Rajbari. In its communication, the government cited a report by the Association of Hindus, Buddhists and Christian Unity Council, which claims that more than 2,900 incidents of killings, arson, and land encroachments targeting minorities have taken place since the interim government assumed power in Bangladesh. 

From colonial mercantilism to Hindutva: New book on the making of power in Gujarat

By Rajiv Shah  Professor Ghanshyam Shah ’s latest book, “ Caste-Class Hegemony and State Power: A Study of Gujarat Politics ”, published by Routledge , is penned by one of Gujarat ’s most respected chroniclers, drawing on decades of fieldwork in the state. It seeks to dissect how caste and class factors overlap to perpetuate the hegemony of upper strata in an ostensibly democratic polity. The book probes the dominance of two main political parties in Gujarat—the Indian National Congress and the BJP—arguing that both have sustained capitalist growth while reinforcing Brahmanic hierarchies.

Investment in rule of law a corporate imperative, not charity: Business, civil society leaders

By A Representative   In a compelling town hall discussion hosted at L.J School of Law , prominent voices from industry and civil society underscored that corporate investment in strengthening the rule of law is not an act of charity but a critical business strategy for building a safer, stronger, and developed India by 2047. The dialogue, part of the Unmute podcast series, examined the intrinsic link between ethical business conduct , robust legal frameworks, and sustainable national development, against the sobering backdrop of India ranking 79th out of 142 countries on the global Rule of Law Index .

2025 was not just a bad year—it was a moral failure, it normalised crisis

By Atanu Roy*  The clock has struck midnight. 2025 has passed, and 2026 has arrived. Firecrackers were already bursting in celebration. If this is merely a ritual, like Deepavali, there is little to comment on. Otherwise, I find 2025 to have been a dismal year, weighed down by relentless odds—perhaps the worst year I have personally witnessed.

Gig workers’ strike halts platforms, union submits demands to Labour Ministry

By A Representative   India’s gig economy witnessed an partial disruption on December 31, 2025, as a large number of delivery workers, app-based service providers, and freelancers across the country participated in a nationwide strike called by the Gig & Platform Service Workers Union (GIPSWU). The strike, which followed days of coordinated protests, shut down major platforms including Zomato , Swiggy , Blinkit , Zepto , Flipkart , and BigBasket in several areas.

Can global labour demand absorb India’s growing workforce?

By N.S. Venkataraman*  Over the past eleven years, India has claimed significant economic growth , emerging as the world’s fourth-largest economy. With the Government of India continuing to pursue economic and industrial development initiatives, this growth momentum is expected to continue in the medium term.