CAA, NPR
& NRC : The Background
The citizen
Amendment Act is much awaited law which was expected immediately after Nehru
Liaquat agreement in 1950.However, due to political appeasement of the Congress
starting from Nehru, the law could not be prepared. The need of such law was felt on the backdrop
of communal violence after partition of India which resulted into genocide
of more than one million non-Muslims community in east and west Pakistan while they were
returning to India. Many independent historians had written that trains coming from Pakistan to India were
flooded with dead bodies of Hindus and other non-Muslim communities. The
partition of India was based on the two Nation theory, one for Hindus and other
for Muslims. Jinnah took the Pakistan for Muslims and chosen the area
where Muslim population was much in concentration at two places one was known
as East Pakistan and the other was known as West Pakistan. The population
of both communities were to be exchanged to the respective Nation. While Pakistan
at both places pressurized Migration of
Hindus and Non-Muslims from East and West Pakistan, Jawaharlal Nehru appealed
that Muslims who want to live in India can live safely and there will not be
any injustice to them ang Government will provide safety and security.
While the Congress took a lot of initiative to make the
Muslims happy in India, the treatment to Hindus in Pakistan
was beyond the imagination and was worse than Hell. Following the largest
genocide of Hindus on the planet in Pakistan by Muslims to finish the
Hindus and to capture their properties and women. A meeting between the prime
ministers of both the countries happened and an agreement was done which
is known as Nehru and Liaquat Agreement. The agreement says that both
countries will protect the interest of minorities in their countries and
ensure their safety and security. Things in Pakistan did not change. Pakistan kept pressure on non-Muslims to
either leave or convert to Islam. Pak allowed adult Hindus migrating from
Pakistan to India to take with them only rupees 150 leaving all the assets and belongings in Pakistan
. While in India Congress tried its best to appease the Muslims in whatever
ways possible, the lives of
Hindus in Pakistan worsened. While crossing the Pakistan borders to reach
in India many Hindus were killed, a few of them survived and reached India in
order to save their lives. The then government of Congress led by Mr.
Jawaharlal Nehru gave assurance that citizenship Act will be suitably amended
to grant the citizens to all such people who are religiously persecuted in
Pakistan and Afghanistan which was not done by any of the subsequent
governments.
The inhuman
conditions of Refugees
The life of
these migrants Hindus and other minority communities from the neighboring
countries (Pakistan, Bangladesh and Afghanistan) which were turned into Islamic
countries, are miserable and inhuman
in India also, for decades. Can anyone think that they are from India (undivided
India ) and they are living miserable life in India? What is their fault ? Is
this punishment of partition of India ? Why will they alone face the sin of the partition for which Jinnah
and Nehru was responsible? They have the status of Refugees. They do not have Ration Cards, education to
children, own house, no benefit of Governments
schemes and no regular employment. They are
not having voting rights, rights of education and proper employment and their
life in India is also not befitting and comparable with ordinary Indian Citizen
or even normal human being.
All the
governments and all the prominent leaders after independence, expressed concerns
and promised to grant them citizenship. However, no Government could dare to
enact the law in India in this regard. It is only Modi who made it possible. Modi Hai
to mumkin hai (मोदी है तो मुमकिन है). They introduced the CAB in parliament and ensured that it
is passed despite the fact that the BJP does
not enjoy majority in Rajya Sabha. The Citizens Amendment Bill (CAB) is now Law
“The Citizen Amendment Act 2019 (CAA)”.
What is
CAA ?
Before discussing
further, we need to understand the CAA.
The Citizenship Amendment
Act, 2019 (CAA) was passed by the Parliament of India on 11 December 2019. It
amended the Citizenship Act of 1955 by providing a path to Indian citizenship
for Hindu, Sikh, Buddhist, Jain, Parsi, and Christian religious minorities who
migrated from Pakistan, Bangladesh and Afghanistan. By amending the principal
act i.e. Citizenship Act, 1955, a proviso has been inserted in section 2, in
sub-section (1), in clause (b), that provides as such-”Provided that any person
belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from
Afghanistan, Bangladesh or Pakistan, who entered into India on or before the
31st day of December, 2014 and who has been exempted by the Central Government
by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry
into India) Act, 1920 or from the application of the provisions of the
Foreigners Act, 1946 or any rule or order made there under, shall not be
treated as illegal migrant for the purposes of this Act.”
Under the 2019 amendment, migrants
who had entered India by 31 December 2014, and had suffered “religious
persecution or fear of religious persecution” in their country of origin were
made eligible for citizenship. Most surprisingly such “religious persecution or
fear of religious persecution ” has not been inscribed in the present amended
Act, though the Government of India by means of executing rules and orders
under Passport (Entry into India) rules, 1950 and Foreigners Order, 1948
respectively initiated the process of giving a particular privilege to those
people four years before, who belong to those religion and countries, that have
been mentioned in the above stated section 2(1)(b) of the Citizenship Act 1955.
The Government of India has amended the Passport (Entry into India) Rules, 1950
and the Foreigners’ Order 1948 through a notification on September 7, 2015 by
exempting persons belonging to minority community in Bangladesh ,Pakistan or Afghanistan
who have been compelled to seek shelter in India due to religious persecution
or fear of religious persecution and entered into India on or before December
31, 2014.
What is NRC?
The National
Register of Citizens (NRC) is a register maintained by the Government of
India containing names & certain relevant information for identification of
Indian citizens. The NRC is an exercise that requires individuals in India to
prove they are citizens of India. Thus, it will help the Government to identify
non-citizens especially illegal immigrants in order to push them out of
country.
The NRC was
initially, specifically made for Assam state. The NRC results
in Assam, however, were not satisfactory and therefore the Government has decided
to relook into the process.
What are the reasons for opposing Citizen
Amendment Act (CAA)?
o
The strong opposition of CAA came from Muslims
in India who are privileged citizen in India more than the Hindus supported by opposition
parties who are exploiting their votes in bulk after independence.
o
These political parties, many of whom exist
because of the votes of minorities, do not want to let this vote Bank go out of
their hands.
o
In fact, if Muslims are included in CAA, all
illegal immigrants from Bangladesh, Pakistan and Afghanistan and Rohingyas from
Myanmar will become citizens of this country and will become the solid Vote
Bank of these political parties. That is why these
political parties are protesting more than the Muslims and investing heavily at
the cost of law and order and even
division of the society.
o
Do the Muslims and all those who oppose CAA,
expect these Non- Muslims / Minority
communities to convert to Islam in their Islamic countries which are meant for
Muslims only ?
o
Should they (Non-Muslims of Pakistan,
Bangladesh, and Afghanistan) face persecution and die in their Islamic Countries?
o
Do they ( Muslims and all those who oppose CAA) expect
further appeasement of Indian Muslims to allow all illegal Muslims immigrants from
these countries who have infiltrated in India for better life owing to better social
& economic conditions and employment opportunities in India as compared to
these Islamic countries? A rational distinction need be made between Hindus and
Sikhs and other minorities seeking their future in India, because they have
nowhere else to go, and Muslims from Islamic countries who do have alternative
options. Muslim illegal immigrants are serious threat to demography of India
which is going in favor of Muslims in India as compared to neighboring
countries which ultimately turned to Islamic countries under the pressure of Muslim
fundamentalists.
The Positive Impacts
CAA and NRC
Those who are analyzing, discussing, dissecting
and speaking about CAA (Citizenship Amendment Act) are not correctly spelling
out the highlight the overwhelming
benefits of CAA. A few could be as under -
o
The Citizenship Amendment Act (CAA) has been duly
passed by the Parliament after a thorough debate in both Houses. It is the
product of a fully democratic exercise.
o
The refugees of minority communities of Pakistan,
Bangladesh and Afghanistan who were
religiously persecuted in their countries and who have crossed over to India before
31st December 2014 to save their lives will get the citizenship in fast track mode.
o
The population of India will have now only citizens
and non-citizens.
o
Non-Citizens too will be divisible into legal
immigrants and illegal immigrants.
o
The illegal immigrants will be easily identified
and pushed out of country.
o
The
people who will get the citizenship will benefit the Society in
general and country in particular. They will be loyal to this country where
they got the shelter that is their own.
o
It will
give the message to all the illegal immigrants that India is not ready to accommodate
them anymore and since they are unwanted, they should leave the country or face
the legal consequences.
- o The most important thing is that the CAA will fast-tracking the acquisition of Indian citizenship by Hindus and Sikhs and others, regulating their status in India and extending all the benefits of citizenship to them.
- o Illegal Muslim migrants will be easily identified and send back to their country of origin without fear of religious discrimination and physical insecurity, or some other interim solution can be found, once they are properly identified.
- o The CAA gives immunity to refugees from persecution for being an illegal migrant and gives fast track citizenship .
- o The test for granting citizenship is very simple based on three conditions,
o
Firstly, that refugee must be from Pakistan, Afghanistan or
Bangladesh.
o
Secondly, refugee must be one of the from six religious’ communities — Hindus,
Sikhs, Christians, Buddhists, Jains, Parsis.
o
thirdly refugee should
have crossed over to India before
December 31, 2014.
o The CAA will protect only those who are already in India.
o
The patriot
Indian can now see distinctly as to who are working for India to survive and
live long as it is and who are working for appeasement not bothering that the change
in the demography of India will create turmoil in the country and will lead for
conversion into an Islamic country like Iran, Iraq, Afghanistan, Pakistan, Bangladesh
and many if African continent. It may not be taken out of context that lives of
even Muslims are miserable in these Islamic countries because of fundamentalism
and that is why they are fleeing for better life in India.
- o At the national level CAA and other related matters has given a lease of life to the opposition parties. After Modi became PM, the opposition parties became almost irrelevant and insignificant.
- o It has created awareness and a thrilling academic atmosphere in the country. people have started reading the Constitution of India, and relevant provisions and Act.
- o The overall impact of CAA is very good keeping in view it’s academic discussions. Almost all the Indians are now curious to know the effect, the provisions of constitution and of course the Vote Bank Politics.
- o The sale of the copies of the amended Citizenship Act 1955 (bare act), the Foreigners Act,1946, the Constitution of India has touched all-time high. The search of related content on the net is at its peak.
- o Many people have started reading constitution and hoisting the flag.
- o Many protesters have started reciting national Anthem during protests.
- o Many schools / offices have started reading preamble of constitution.
- o Those who never bothered about the constitution and /or flouted the constitution are protesting to save the constitution.
- o The importance of the National Register of Citizens (NRC) is integral for India. It provides a clear-cut demarcation of who qualifies to be an Indian citizen from other nationals who have been illegally living in India. The role of the NRC has proven to be very helpful in several instances. In the State of Assam where a large number of illegal immigrants from Bangladesh are known to inhabit, it is with the aid of the NRC that their inhabitation will have to be forfeited. Therefore, all the states in India employ the use of an NRC which gets updated in every ten years.
o With
our evidently growing economy, it is important to have a clear picture of the
exact number of citizens and foreign nationals living in the country and
whether this inhabitation is legal or illegal. This also comes into play when
we talk about exercising other rights awarded to Indian citizens. With an avid
population, if one is to ensure a rapid growth, we need to eliminate the
chances of any such rights getting exploited. These are scenarios where the NRC
deems to be of critical importance to safeguard growth and development.
o Established democracies have a detailed
database of citizens, with citizenship verification through several means,
including national identity cards. This is a vital aspect of sovereignty,
national security and governance. Why does the move to establish an NRC abridge
India’s democracy in particular? With our porous borders, terrorism concerns
and the reality of illegal migration, India desperately needs a National Register
for Citizens.
o The irony is that with similar
social conditions — the absence of birth certificates, poverty and illiteracy —
Bangladesh, Pakistan and Nepal have citizenship rolls. If they can find out the
ways, we too can find out the ways.
o Over
the course of the last decade, there has been a rampant inflow of Rohingya
Muslims with an estimated forty thousand residing illegally. There have been
plans for their deportation as there have been instances of militant attacks on
the border by the group individuals. These groups are also known to have links
with Pakistan based terror groups. The inhabitation of this sect can thus pose
a serious threat to national security which has already been seen in instances
like the border attacks.
Negative
Impact of CAA and NRC
o
Because
of protests, the Nationwide NRC may not be approved in the Rajya Sabha with
even BJP allies JD(U) and the Akalis opposing it on account of political
turmoil.
o
The
NRC is designed to weaponize the CAA. Without the NRC, the CAA will not have
desired impact which is under fire by a section of society.
o
The
Opposition parties ignoring national interest, has started playing the
dangerous game of mobilizing Muslims to stage street protests with violence to capitalize on and deepen the existing
perception that the Modi-led BJP government is anti-Muslim. This is nothing but
to gain the lost political ground.
o
The
violent protests are disturbing the
peace and harmony of the country. The violent protest across some state has damaged
huge properties of Central and state Governments , which is a national loss.
o
Owing
to Vote Bank politics through Muslim Appeasement, many State Governments
belonging to opposition parties have passed a resolution against CAA which is
giving wrong signals to the world at large about the unity and integrity of
India.
o
Many
State Government have declared that they will not implement the CAA, knowing
fully well that the citizenship is a union issue and states has nothing to do
with it. The citizenship is granted by Central Government and States have no
role to play. As per the provisions of constitution the State Governments can not say no to any law passed
by the parliament. The message though politically motivated is giving wrong signals
to the whole world.
o
The
‘secular’ argument has been carried to an absurd length in demanding that even
persecuted Muslims in Islamic countries such as Shias, Ahmadis and Rohingyas should be included for
Indian citizenship. If that is done the very purpose of the CAA and NRC will be
lost and India may not remain secular for more than 20 – 25 years and will
convert to an Islamic country. May be, before that civil war erupts or Islamic terror
war groups like ISIS , Taliban etc. are developed
to finish the non-Islamic or force them to convert to Islam in order to establish an Islamic Rule.
The so-called secular will then be first to flee out of country.
o
Fundamentalists
in India are demanding even to include Yazidis and other victims of the Islamic
State, the victims of Boko Haram from North Africa to prove our secular
credentials?
o
The
protesters and opposition parties are demanding to include Shias & Ahmadis
of Pakistan and Rohingyas of Myanmar who have known terror link, and which are serious threat to country’s security
and demography .
o
Opposition
parties because of vote Bank politics, support to grant citizenship to the several million Bangladeshi
Muslims who have entered India illegally.
o
Those
protesting the CAA in the name of secularism and democracy do not want Hindus,
Sikhs and others to benefit from CAA, even if for one time unless the Muslims
are also accommodated. The demand is not logical as the Muslims cannot be
persecuted in Islamic countries. If the Muslims are accommodated in CAA the demography
of country will change as there are more than 2 Crores illegal Muslims from Pakistan
and Bangladesh many of them have terrorist links. All of them are drain to Indian
resources creating the problems of employment, infrastructure, law & order and security.
o The demography of India will tilt
towards Muslims who will try to convert the Hindustan into an Islamic country
as happened in case of Iran, Iraq, Afghanistan, Pakistan, Bangladesh and many
African countries. Recently German Chancellor has expressed concerns over
possible threat to Germany for being
converted to Islamic country in few years from now.
o
The
NRC will be an enormous exercise given the size of our population and other complexities.
This was evident in Assam, where even genuine Indian citizens got excluded and
many illegal migrants allegedly, got included. Before the government embarks on
this exercise, it also needs to put in place a policy on stateless people.
India does not have one yet and keeping illegal migrants in detention centres
is something the country can ill afford.
o
The opposition political parties do
not understand that this is important to
keep within the lines of the law when it comes to illegal immigration and national
interest.
o
The unwanted protest and support
by opposition political parties have encouraged Rohingya Muslims illegal infiltration into India. Keeping national peace and safety
in concern it is best that any such form of illegal infiltrations is stopped forthwith, and strict laws should be
framed in this regard.
***********************
- Shive Mishra
****************************
No comments:
Post a Comment