1. What is the purpose of CAA 2019?
This Act is meant to primarily heal the wounds of partition and the resulting religious persecution the six communities mentioned in the act had to go through post 1947 in their native countries that was carved out of India. India cannot be a mute spectator to the atrocities committed on the religious minorities in these countries. India, being the natural home to these communities, is morally responsible to welcome them and take roots in our country. Hence, India is bound to confer citizenship to those who trace their origin to India belonging to these communities.
2. Why is the Act drafted along religious line?
Had partition of India had been averted on religious lines, there wouldn’t be a necessity for this bill. The nature of state in Afghanistan, Bangladesh and Pakistan is Islamic where the communities mentioned in the bill are persecuted for their religious identity. Hence, the bill is drafted on religious line.
3. Why does the Act not include Muslims?
The three neighbours mentioned in the bill are countries where Islam is the official religion. Afghanistan and Pakistan are Islamic republics where the laws are based on Sharia. Sharia is the law for Muslims. In the land of Muslims, there is no place for kafirs i.e., the non-believers of Islam. The 16% Hindus who were present in Pakistan at the time of the partition either escaped to India or tragically succumbed to the genocide that accompanied partition. Those who could not make it to safety or decided to stay in Pakistan were converted to Islam, killed, or driven away. Although Bangladesh was founded as a secular nation, it is a Muslim majority nation and Article 2A of Bangladesh’s Constitution declares that the state religion of the Republic is Islam. Its lip service to secularism is evident from the decline of Hindu population from 22% in 1951 to 9.5% in 2011.
Nehru and Liaquat signed a pact in 1950 saying that both India and Pakistan would respect and provide equal opportunities to the minorities living in their respective countries. While India has abided by the pact through its secular nature of the Constitution by providing rights
and opportunities to religious minorities and enabling them to lead a meaningful life in India, Pakistan and Bangladesh (East Pakistan in 1950) have blatantly gone against the pact. The fact that the non-believers of Islam in these countries have no basic human rights and are coerced, converted, tortured, killed or driven away is undisputable.
Since the non-believers of Islam in these three Islamic countries have been religiously persecuted, inclusion of Muslim would not only defeat the purpose of the bill but also the existence of Afghanistan, Bangladesh and Pakistan as nations as it would challenge the very basis on which these nations were created.
4. Why are Ahmadiyas, Shias, Balochis and Rohingyas not covered under the Act?
This bill which provides for relaxation of provisions for obtaining Indian citizenship through naturalization for the enlisted six communities who face religious persecution in the three Islamic countries should not be mixed with India’s policy towards asylum seekers. India’s refugee policy has always been very clear – to grant asylum to those fleeing persecution until the situation in their native country normalizes. Since the conditions are never likely to be conducive for the six enlisted communities to coexist with the Muslim population in these three countries going by past experiences as well as considering the Islamic character of the state, the Citizenship Act is being amended to expedite the process of obtaining citizenship through naturalization for the non-Muslim population who have entered India till December 31, 2014 from these countries.
Ahmadiyas, Shias, Rohingyas, Tibetans, etc facing persecution in their country are still allowed to enter India and are given asylum. There are many Ahmadiyas, Shias and Rohingyas staying in refugee camps across India. Ahmadiyas and Shias consider themselves to be Muslims and it is the responsibility of these Islamic nations to treat them as equals in their nation. Inclusion of Ahmadiyas, Shias and Balochis would be seen as India’s interference in Pakistan’s domestic affairs. One may ask – won’t India’s decision to provide citizenship to non-Muslim communities from these countries be seen as meddling in their internal affairs? The answer is simple. These countries don’t want kafirs in their land, so they would be rejoicing on India’s decision to grant them citizenship.
With respect to Rohingyas, India’s stance has been clear. They will be granted asylum on humanitarian grounds even though India is not a signatory to the 1951 Refugee Convention, but all measures will be taken to deport them back to where they belong. Rohingyas hail from the Rakhine state in Myanmar. They are seen as Bangladeshi Muslims by Myanmar. It is the responsibility of Myanmar and Bangladesh to provide a durable solution to end their statelessness. Considering there are extremist groups amongst the Rohingyas who resort to violence, India cannot and is not obliged to provide citizenship to the Rohingyas. The CAA 2019 seeks to ease the procedure for obtaining citizenship to religious minorities belonging only to Pakistan, Bangladesh and Afghanistan which were separated from India in 1947 and not Myanmar which was separated from British India through the Government of Burma Act 1935.
Those condemning CAA for not providing avenues for citizenship to these communities are either not ready to come to terms with this reality or choose to turn a blind eye to these facts or are simply trying to mislead the public by peddling a hate narrative to further their agenda.
5. So, will an Ahmadiya, Shia, Rohingya, Ismaili, Hazara or any other Muslim be turned away if they seek asylum in India?
According to a Standard Operating Procedure dated 29.12.2011 circulated by the Government of India to all State Governments/ Union Territories any foreign national who claims to be refugee can stay in India on Long Term Visa if it is proved that he/she has been a victim of oppression in his/her native country on account of his/her caste, religion, nationality, ethnic identity, membership of a particular social group or political opinion. Theycan be recommended by the State Government/Union Territory Administration to the Ministry of Home Affairs for grant of Long Term Visa (LTV) after due security verification. A foreigner to whom LTV is permitted by the Ministry of Home Affairs will be allowed to take up any employment in the private sector or to undertake studies in any academic institution. To answer the question – No, they will not be sent back.
6. Is the CAA 2019 against Indian Muslims?
No. The CAB 2019 does not seek to revoke citizenship of Indian Muslims. It does not discriminate against Indian Muslims in any way like it is portrayed to be. Indian Muslims who are citizens of India will not be sent out of India after the CAB is passed. Period.
Manmohan Singh in 2003, in the Rajya Sabha, had asked for a more liberal approach in granting citizenship to minorities who are facing persecution in our Islamic neighbourhood countries. The then Home Minister Shri Lal Krishna Advani fully endorsed Manmohan Singh’s views.
It is a shame on educated people to fall for such half-truths being peddled by the likes of Dravidian dimwits including actor Vijay.
Babasaheb Ambedkar wanted us to “Educate, Agitate and Organize”. All we have today is young minds agitating without getting educated.
Kaushik is a political writer.
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