Tuesday 17 December 2019

Taking a CAB towards a dictatorial India?

Citizenship Amendment Bill. Who hasn't heard of it? With riots and protests, peace marches and rallies, it is the centre of attention for India, and rightly so, as it is a matter of national importance.

Protestors holding posters during a rally 

      Tussle between people and police at the                 Jamia Milia Islamia University


The unprecedented violence in Delhi, what with "allegations" of police entering the Jamia Milia Islamia university and beating students (rowdy miscreants?) and then the crackdown on Aligarh Muslim University, along with the aggression of the ruling party is simply unwarranted. Is this a genocide? Are we moving (un)knowingly towards fascism, dictatorship and losing all sense of democracy? Was this necessary to bring the masses to sense? You can judge on your own, after reading the below article.

The Bill has recently been passed by both the Houses of the Parliament, although amidst protests and walk outs.

WHAT IS IT?
The Bill amends the Citizenship Act, 1955 to provide that the following minority groups will not be treated as illegal migrants: Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan. Now, it does not say 'Not Muslims', but it effectively abandons them.

            

              Muslims opposing the bill


What is the issue?
°India has maintained a stance, that these three countries in question, namely, Bangladesh, Pakistan and Afghanistan are Muslim dominated countries with an Islamic Constitution. So naturally, if any othe religion person comes to India, citing persecution as a cause, it must be the case. If any Muslim comes claiming the same, it must be false.

° It does not take into account various other communities within the Muslims who are ostracised, like the Ahmediyas of Pakistan and the Rohingyas of Myanmar. Now, the Rohingyas are undergoing ethnic cleansing, much like the Jews in Nazi time. So, India as a neighbour and a humanitarian nation, should have provided them refuge which it fails to do.

           
      Protest in front of the Delhi Polic HQ
      after the crackdown in JMI University

° Normally, in the old bill, for becoming a citizen by naturalisation, you had to stay in the country for the preceding 12 months of application, and a total number of 11 years out of previous 14. This 11 has been relaxed to 5 for these communities.

° The Bill adds that the provisions on citizenship for illegal migrants will not apply to the tribal areas of Assam, Meghalaya, Mizoram, or Tripura, as included in the Sixth Schedule to the Constitution. It will also not apply to the areas under the Inner Line”. The Inner Line Permit regulates visit of Indians to Arunachal Pradesh, Mizoram, and Nagaland.


WHY THE BILL IS WRONG:

° It discriminates individuals on the basis of religion. This is an aspect which has always been avoided by India, because India takes pride in being a secular nation. This can have intense international backlash and a spot of the reputation of our nation.


             

                 Another protest in process

°It contradicts Article 14, which states no individual shall be discriminated on the basis of caste, race, RELIGION, gender or place of birth. It is applicable to both citizens and foreigners, it is in direct contravention of it.

°Historical perspective: During Partition, Pakistan had stated itself to be a Muslim nation, while India has maintained it was inclusive and included all religions. So now, not including Muslims is wrong because it stands against the tenets we stood for during Partition.

°Worsen bilateral ties, as neighbours would be touted as persecutors by India.

°Assam faces a major issue regarding infiltration of Bangladeshi illegal immigrants. Thus the bill does not consider Bangladeshi Hindus as illegal immigrants.

           
          Assamese rejecting CAB by protests

°CAB fails to live up to the standards of international refugee law.

°It also does not include Jews, Atheists, and other such communities, who are also at the risk of religious persecution.

°It stands against the Assam Accord of 1985, which the government had signed, asking for deportation of immigrants with the date fixed as 27 March, 1971. This amendment brings the date to 2014, which is wrong to them.

              
                        AASU opposing CAB


WHY THE BILL IS RIGHT?
1. The three countries in question, Afghanistan, Pakistan and Bangladesh are Islamic by constitution. They state that Muslims are NOT minority there, so it's plausible to apply the same rule here.

              

        People validating requirement of CAB

2. There is the issue of Rohingyas (who face genocide in Myanmar) as to why aren't they included in the CAB. But, if you observe closely, even Bangladesh and other countries have red flagged them, even though Bangladesh is an Islamic state, so India is not excluding them arbitrarily.

3. The country must always put it's defence concerns first. There is nothing that can make a country compromise on its defence.

            
          Passage of CAB in the Parliament

4. Constitution does not discriminate on the basis of religion for citizens, but it is not so in the case for citizenship which has been enshrined in articles 5-11.

5. Assam and other North Eastern nations have problem not only with immigration of foreign immigrants, example Bangladeshi Hindus, they also have an issue with entry of Bengali Hindus.

Possible solution: A solution that has been touted is sharing the burden of refugees with other states, who have a greater population and are less likely to worry about their cultural dilution. Eg, Rajasthan having a population of more than 6 crore, should not have any insecurities over cultural dilution by mere addition of a 1,000 people. But it is subject to the consent of the states, if they agree to do so.

Conclusion: India must tread carefully here. As a secular nation, it is our responsibility to never, never allow religion to make a place in legislature and constitution. Passing of this bill has made India contradict herself, and not in a good way. The ideals we stood for during Partition have been shattered, and the trust of people particularly the Assamese has been shattered. With this crackdown on students, this has become intolerable. India must stay true to her roots, and find a solution out of this inferno, for the safety of people and the actual security of immigrants. India must work hard to save the immigrants who are persecuted in their nations, and provide them safety, security and not leave any particular section deprived of the love that Mother India is capable of giving.