Contested rights, unequal citizens: how the Constitution presents paradoxes and hopes of equality for India's Muslim minority

Abstract

<p>This article examines why the Indian Constitution is central to Muslim politics and political resistance. It examines the tensions and challenges the Indian Constitution and the political rise of Hindu nationalism present to the Muslim struggle for equality in India. The article underscores how the Indian Constitution's paradoxical stance on governing religion places religious minorities, particularly Muslims, in a challenging position amid evolving state and political ideologies, resulting in underrepresentation, political focus on identity and marginalisation, and difficulties in addressing inequalities and discrimination. A case study of the protests against the <i>Citizenship</i> (<i>Amendment</i>) <i>Act</i> 2019 (Ind) is employed to illustrate how constitutional paradoxes shaped advocacy efforts using the Constitution. However, these endeavours ultimately proved unsuccessful, shedding light on the challenges that lie ahead for advocates of Muslim rights.</p>