CAA, NRC, The Fear-Mongering

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The CAA does not automatically presume that every Hindu, Sikh, Buddhist, Jain, and Christian living in India is a legitimate Indian citizen.
Supreme Court itself has categorically said Assam NRC is different from the nationwide NRC.

CAA

What is CAA?

The Citizenship Act, 1955 grants citizenship on five basis.

  • Citizenship by Birth
  • Citizenship by Descent
  • Citizenship by Registration
  • By incorporation of Territory
  • Citizenship by Naturalisation

The current Citizenship (Amendment) Act seeks to amend the The Citizenship Act, 1955 by changing only it's "Citizenship by Naturalisation" part.
Now, let's see what this "CAA" actually amends.

 

 

The act says that every Hindu, Sikh, Buddhist, Jain, and Christian refugee from Pakistan, Bangladesh, Afghanistan who entered India before 31st Dec, 2014 will not be considered as illegal migrant anymore. It is necessary to be declared as "not illegal migrant" to get citizenship by Naturalisation. (Ref: Naturalisation (Section 6).)

 

 

In order to acquire citizenship in India, one needs to go through a naturalization process. One of the criteria of naturalization is that the concerned person has to live in India, or work in the Central Government for 11 years. What this bill does is that it reduces this period to six years for Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan. But they still have to go through the process of naturalisation.

In short, Every Hindu, Sikh, Buddhist, Jain, and Christian refugee from Pakistan, Bangladesh, Afghanistan who entered India before 31st Dec, 2014 will get Indian Citizenship.

 

Is CAA legally valid?

Short answer: YES

All other laws/articles in the Indian Constitution, except Article-14, is applicable to Indian citizens only. Hence, only Article-14 comes into this picture which applies to every person - citizen or migrant, within the boundary of India.

Now, Article 14 includes "Equality before the Law" and... "EQUAL PROTECTION OF LAWS" which takes into consideration of the fact that not all laws should be generic in nature and not same laws are applicable to all persons. It has the provision of treating different individuals differently if circumstances demand so.
Basically "Non-equals should not be treated equally". It is because of this part of Article-14 that we have- Reservations based on caste, religion, gender; Minority schemes and special funds and institutions for religious minorities like Muslims, Christians in India ; Laws like SC/ST Act, etc. etc.

Here, in this case, non-Muslims who are persecuted on the basis of their religion in these three Islamic nations are unequal to the Muslims from these countries. And hence, they can be treated in different, unequal manner. It's called reasonable classification under Article-14.

 

CAA is against the Indian Constitution?

Short answer: NO

The constitution of India is for citizens of India, and the CAB is a special provision for people who are not citizens of India. Therefore, it is incorrect to say that CAB violates the constitution. Moreover, our constitution and laws already have several discriminatory provisions. We do not have equal law for every citizen. The constitution allows different laws for different religions in several matters. Different civil laws based on religion, for example. We have Hindu Temples ( their lands) under government control but not Mosques or Churches. We have different laws for schools run by Hindus and non-Hindus. Haj subsidies and salaries for Imams but no such facility for Hindus, the list goes on. As the constitution already allows discrimination among even the citizens, it can’t be said that excluding Muslim citizens from Pakistan, Bangladesh and Afghanistan violates the Constitution of India.

But isn't it nonsecular and hence, against our secular constitution?

We have a term called "religious minority" and we consider our self as secular? I mean wtf!

Secularism demands a state to truly distance itself from religion. There should be no recognition of minority on the basis of religion, no reservation, no Muslim personal law, No special minority schemes and institutions and universities like AMU and Jamia Univ.

In the Indian context such detachment was hard to achieve. Hence, The makers of India’s constitution Nehru and Ambedkar, did not allow the word secular to be part of the Preamble. It was only inserted much later by Indira Gandhi in 1976 through unconstitutional means. The preamble was amended without a debate in Parliament.

Now, please don't get me wrong here. I am any day ready for a TRULY secular Constitution and state. It is just that the fraudulent use of this word bothers me.

 

Is CAA morally wrong?

Short answer: NO

By morally wrong, we mean that excluding Muslims of these Islamic nations to get citizenship via CAA is wrong by human nature. Which is absolutely not true.

This bill is based on religious persecutions. Muslims in Bangladesh, Pakistan, Afghanistan face no religious persecution. Do not get me wrong here! Sects like Shias, Ahmadis, Balochs, etc. are persecuted in Pakistan but this is Sectarian violence in Pakistan. And there is a world of difference between religious persecution and sectarian persecution. Plus they have dozens of sects there and dominant keeps dominating the weaker. If you include all of them, you will basically include whole of Pakistan.

Adding a little bit of history to it:
Shias Ahmadis were the front liners in demanding a separate Muslim land during the partition era. Pakistan was created by Jinnah who was from Shia family. The caliph of Ahmadis voted for creation of Pakistan and asked Ahmadis to take up arms in support of Pakistan. Since they all voted against India, they won't be happy in India. They should ask Pakistan for a separate state.

Shias Ahmadis together make up at least 20% of the population of Pakistan. They can demand their own land/country as they demanded before 1947 from India.
And Balochs already want their own country. They do not want Indian citizenship, never wanted.

Moreover, the Muslims form these nations can still apply. CAA doesn't change any of that. Although they are not given blanket relaxation to apply for citizenship under CAA, the usual naturalization law remains available to them. They will have to apply by the usual rules as it happens in general.

The government has already granted citizenship to over 600 Muslims from Pakistan, Bangladesh, and Afghanistan.
Yesterday, On 20th Dec, 2019 government handed over citizenship certificates to 7 Pakistani refugees in Kutch, Gujarat.

 

Is CAA necessary?

Short answer: YES

The amendment will create an easy window for persecuted religious minorities from theses three Islamic (autocratic) nations to get Indian Citizenship.

Without citizenship, they are stateless. They can not move from one place to another. No one cares for them, as they do not have any voting power.
They depend on donated solar based devices for energy requirements. Other basic facilities like food, and water supply, sanitation and hygiene are missing. Families are forced to drink filthy water and eat boiled rice with salt. Men are denied job as they don't have any government identity card. (Ref: Pakistani refugees lack basic amenities.)

If we go into history, they were not the ones who wanted to separate from India. Muslims voted for a separate Muslim land. 4.5 million out of 6 million Muslim votes went to Muslim league in 1946 provincial assembly elections. Non-Muslims simply got dragged into this.

In 1950 Nehru-Liaquat pact was signed. But what Pakistan did? Everyone knows. I need not to go in detail and explain everything here. Hence, it should be the responsibility of India to deliver justice to those who suffered all these.

https://twitter.com/ANI/status/1204320709553442816

 

 


NRC

It should be clear that no Nationwide NRC has been announced yet. All the speculations are based on Assam NRC which is totally different from the proposed nationwide NRC.
Supreme Court itself has categorically said that Assam NRC is different from the Nationwide NRC. (Ref: Assam Public Works vs Union Of India on 13 August, 2019 - SC )

 

Nation-wide NRC rules have NOT been issued. All we know is from the Citizenship Registration Rules, 2003 regarding the preparation of the National Registrar Of Indian Citizens which says that authorities will visit house to house for collection of documents unlike in Assam where common people had the burden to visit the officials to submit documents.

It will be very much like Census and most probably will be implemented along with the census only, in 2021.

My opinion is that aim of NRC is to identify all the illegal Muslim infiltrators of Bangladesh, who are here for better lifestyle or some political reasons, and send them back to Bangladesh. Even Bangladesh is ready to take back illegal Muslim migrants from India.

NRC is not yet implemented and there is no official information available on which documents will be considered and which will not be.

https://twitter.com/ANI/status/1208015859005804546

However, what we know is that a new draft will be prepared which will take into consideration that no legitimate Indian citizen- irrespective of religion, wealth, education, etc. should be affected.

 

 


The Fear-Mongering

The biggest and the most ridiculous rumor being spread is that Muslim citizens of India will be striped out of their citizenship. I mean how stupid can one get to actually believe this!! This is nothing but cheap fear-mongering by some vested interest.

Muslims are being told and many believe that when NRC and CAA will be linked then Hindus, Sikhs, Buddhists, Jains, and Christians will get exempted because they will come under CAA but Muslims will be sent out of the country or sent to detention camps. This is again nothing but a cheap fear-mongering.

The reason is: If Hindus, Sikhs, Buddhists, Jains, and Christians have to get citizenship under CAA, then they will have to show two things-

  • They are from these three Islamic nations - Pakistan, Bangladesh, and Afghanistan.
  • They entered India before 31st, December 2014.

If they do not show this than even they will be considered as illegal migrants form some other country. Sri Lanka, for example. Or, as simply refugees.

The CAA does not automatically presume that every Hindu, Sikh, Buddhist, Jain, and Christian living in India is a legitimate Indian citizen. Please get this in mind!


What the CAA+NRC combination will do is that it will save those refugees who escaped Pakistan, Bangladesh, Afghanistan due to religious persecution, from getting sent back. And this does not affect any Indian Muslim citizen, rather any Indian citizen at all.

 

One of the main contributors in this fear mongering are influencive celebrities, who, having no idea of what the law is, will post false and provocative information in public and misguide the normal citizens.

One of them is this dumb-road-roller Farhan Akhtar. Who tweeted this pamphlet which not only had wrong and misleading information but also a wrong, adulterated map of India which legally should cost him a 100 Cr fine or 7 years of jail or both. He also violated the section 121 of the Indian Penal Code by waging a war against the state.

https://twitter.com/FarOutAkhtar/status/1207143874138910720

  • The first and foremost mistake in this pamphlet is that It automatically assumes cut-off date of 1971 based on Assam NRC which is very different from what a nationwide NRC will be. The cut of date of 1971 specific to Assam was due to the Assam Accord which set March 25, 1971, as the cut-off date for the deportation of illegal migrants from Assam.
  • In an another point, the pamphlet mentions how “ID card and tax slips are not enough”. Please note, the NRC is not yet implemented and there is no official information available on which documents will be considered and which will not be. However, what we know is that all the mistakes from Assam NRC (which was drafted by Congress govt. and implemented by Supreme court and was a total mess and hence scraped) will be considered and a new draft will be prepared which will take into consideration that no legitimate Indian citizen- irrespective of religion, wealth, etc. should be affected.

Anyway, without going much into this pamphlet, I will just add this:

It pretty much points out every mistake in the original pamphlet including the wrong map :)

 

Now, I will just leave with two-three videos from the anti-CAA protest.

https://twitter.com/knowthenation/status/1208040613079158790

https://twitter.com/knowthenation/status/1208050057729036289

https://twitter.com/knowthenation/status/1208028890284691458

 

  1. THE CITIZENSHIP (AMENDMENT) ACT, 2019 - The Gazette Of India.
  2. By Naturalisation (Section 6).
  3. Sectarian violence in Pakistan.
  4. Citizenship given to over 600 Muslims from Pak-Bang-Afb and 6 lakh Sri Lankan Tamils.
  5. Government handed over citizenship certificates to 7 Pakistani refugees in Kutch, Gujarat
  6. Pakistani refugees lack basic amenities.
  7. 1946 provincial assembly elections.
  8. Nehru-Liaquat pact, 1950.
  9. Citizenship Registration Rules, 2003
  10. Assam Public Works vs Union Of India on 13 August, 2019 - SC
  11. Bangladesh ready to take back illegal Muslim migrants from India.
  12. 7-year jail, Rs 100 crore fine for wrong depiction of Indian Map.
  13. Section 121 of the Indian Penal Code.


PS: Topics like "Why NRC is necessary?, Assam Protest, etc." are left out right now. I will add them later, after some time.

 

Thank you for your time!