IDENTIDADE RELIGIOSA COMO CRITÉRIO DE CIDADANIA À LUZ DO DIREITO INTERNACIONAL

an analysis of the legislation of India

Abstract

The article aims to provide a critical analysis, from the standing point of international human rights diplomas, to the content of the New Citizenship Amendment Act in India, which marks the first time that religion is used as a criteria to determine eligibility for citizenship. We first have a presentation of the content of the law and the changes brought to the regime for granting citizenship. Then, we explore how international human rights regime has contributed to a new legal conception of citizenship. Subsequently, we analyze the compatibility of Indian legislation with international human rights obligations, through documental and doctrinal research. Three sets of rights are relevant and require a critical examination, religious freedom, equality, and refugee law. Finally, in an interdisciplinary effort, specially with sociology of religion and political sciences, it is intended to explore to what extent the use of religion as a basis for granting citizenship is a modern expression of religious nationalism . It is concluded that the new legislation of India goes against a conceptual and dogmatic tendency to establish a paradigm of citizenship based on personality, inclusiveness, and direct participation of the individual in the processes of political decision, development and social promotion.