History behind CAA
The history behind the CAA is being linked with partition project of 1947 led by the Congress Party of JAWAHARLAL NEHRU. The thought of MAHATMA GANDHI & NEHRU was that, the people of INDIA like Hindu, Jain, Sikhs and Christians who remained in PAKISTAN will be given Indian Citizenship whenever they wish to come in India. The people who suffered this partition was not happy with this partition because many of them were killed, many people lost their livelihood and most importantly majority of the population was not happy with this incomplete partition as it was been stated by the head of the MUSLIM league “ JINNAH” that people who are Hindu by religion will go to Hindustan and people who are Muslim by religion will stay in PAKISTAN. But almost 30% of the Hindus were remained in PAKISTAN at that time but now only 3% of Hindus are there in PAKISTAN because they were tortured and forced to become Muslim and by this behaviour people from PAKISTAN moved to INDIA for the sake of their life and religion. In 1920s and 1930s despite some ideological differences both the congress and the revolutionaries spoke in one voice on the issue of nationalism. BHARAT SINGH one of our revolutionary icon always insisted on composite nationalism where all people will be treated equal despite their religion that means where religion will have no place of importance but on the other hand, VD SAVARKAR made it explicit that nationalism is faith dependent that means one need to be HINDU first than nationalist later and following that Muslim communist also became successful in dividing the country on the basis of Islam as a prop. However, after certain years Bangladesh also became the independent nation in 1971and proved the religion-based nationhood.
However, after post partition Prime Minister PT. Jawaharlal Nehru and Liaquat Ali Khan both tried to resolve some issues to bring peace in the region. The four main concerns were:
1. refugees were allowed to return unmolested to dispose of their property.
2. Abducted women and looted property were to be returned
3. Forced conversions were unrecognised
4. Minority rights were confirmed.
But as we all know that after partition both the countries took a different scenario where INDIA opted for democratic, secular and republic INDIA and PAKISTAN opted for Islamic Republic where Hindus were not treated to be equal as Muslims. But on the other hand, the protection of the rights of minorities were well established by the Indian Government for which different acts, reforms were also made, in this way India handled the rights of minorities in a more responsible way.
Important key point
The CAA and NRC were the dream of our Prime Minister “PT. JAWAHARLAL NEHRU” and our father of the nation “MAHATMA GANDHI”. They thought of this initiative to protect our brother and sister who were tortured and forced to change their religion in our neighbouring countries to give them the right and citizenship for which they are entitled. And our present government is fulfilling their dream and moving in their path for the sake the people and nation.
What is CAA and why it has been amended?
The Citizenship Amendment Act, 2019 is an act which was passed by the parliament on December 11, 2019. This act allows the Indian citizenship for Hindu, Sikh, Buddhist, Jain, Parsi and Christian who fled from the neighbouring countries like Pakistan, Bangladesh and Afghanistan before December 2014. But the act excludes Muslims. The main motive behind this was that in these three countries, the religion like the Hindu, Sikh, Jain, etc were suffering from mental torture, physical violence, and moreover they were forced to change their religion, women and girl child were not safe they were kidnapped or abducted so because of these reasons government amended this act as it is only country who can give shelter to them and their rights which they deserve.
Reasons for protesting and can this amendment be termed as unconstitutional?
Muslims population is of the view that due to this act the Government can remove them from India because this act excludes Muslims to given citizenship and also they are of the view that as India is a secular country the act itself is violating the provisions of our constitution and this is the foremost reason of their protest. But although this act excludes Muslims to give citizenship of India but one needs to understand the reasons behind it, instead of protesting. The government is of the view that Muslims can go anywhere in world because there are many Islamic countries where they will be accepted and will be given right, which they are entitled. And apart from that this act is amended to give citizenship to people not for taking the citizenship of a particular community. Article 14 of the constitution says RIGHT TO EQUALITY, it means people living in INDIA irrespective of caste, religion, sex, race, etc. will be treated equal in the eye of law but there have been several decisions made by the Supreme Court which says that reasonable classification can be applied to this principle of equality.
NRC (National Register of Citizens)
CAA and NRC are not related to each other. NRC is totally a different thing. NRC means that people who are legally residing in India will be registered as Indians. NRC does not exclude Muslims who are legally residing in India. In Assam where this was implemented most of the people were denied from being registered irrespective of religion. NRC does not mean that particular community will not be registered. The NRC will lead to fear in the minds of those people who are illegally residing in India.
Positive result of CAA and NRC
If CAA and NRC will come into force then the country will become successful in providing relief to its tortured citizens. It will not only give shelter to its tortured people but also their coming generations will be born in a country where they will be given their rights and even will be honoured for their talents which they deserve. And another important trait is that if people who are illegally residing in India will go to their own country then the citizens of India will get more opportunity in everything sector which is more or less occupied by the illegal resident in country and also our country will remain protected from such kinds of people. So, this is the great initiative taken by the union government to protect their citizens and even offer them with more opportunities.
So, the CAA and NRC are nowhere taking the rights of citizens irrespective of their religion. This act is only for the people who are tortured, harassed, etc to give shelter to them. So according to my view, instead of protesting and going against the union government, Man should read the amendment bill passed by the parliament and understand what the act is trying to specify. And if any problem persists in the minds of public then they should raise their voice that too in a lawful manner because it is nowhere written in our constitution that by burning our own law of land and protesting the things will get solved. And instead of believing in rumours people should try to find the real truth and then take a decision.
Author Details: Shanu Kumari Chandwasia (Amity University, Kolkata)
You might be also interested to read:
- The Last-Ditch Attempt Required During The Last Breath
- The Law on Trial: Justice in the Age of Information
- Implications of Judicial Activism on The Indian Democracy
- Trial by Social Media – A New Threat to The Administration of Justice
- Starting up in the Fashion Industry- A Legal Checklist
- Applicability of Labour laws in India in relation with IT industry
- Role of Arbitration in Resolving Domain Name Disputes: Position in India
- The Ethics and Morality of Legal Profession