Breaking:IUML moves SC, against CAB, says it is unconstitutional
By: Syed Ali Taher Abedi
he Indian Union Muslim League (IUML) on Thursday moved the Supreme Court against the Citizenship (Amendment) Bill (CAB),2019, a day after it was passed in Rajya Sabha.The Petition is filed by Advocate Ms. Pallavi Pratap
This is the first challenge to the recently passed Citizenship Amendment Bill,2019, by the Indian Union of Muslim League, along with four other Members of Parliament,i.e PK Kunahillkutty (Lok Sabha MP representing Kerala), ET Mohammed Basheer (Lok Sabha MP representing Kerala), Abdul Wahab (Rajya Sabha MP from Kerala) and K. Navas Kani (Lok Sabha MP from Tamil Nadu).
The petitioners submit that they are aggrieved by the discrimination and illegal classification based on religion.
They claims that the exclusion of the Muslims from the Act amounted to religion based discrimination.
As per the Petition the challenge is also made on the grounds that imperative historical factual aspects have been overlooked to suit the political ideology of the ruling party.
Country such as Myanmar that shares a porous border of over 1600 Kms has been excluded from the Amendment Act even though very recently it has witnessed ethnic violence against a particular religious minority with the Government of Myanmar acting as a mute spectator.
China and Bhutan also share a long porous border with India which were historically important destinations on the silk routes that facilitated trade and exchange of ideas across the Asian sub-continent.
It is inconceivable as to how a country such as Bhutan which also sponsors a specific religion has been excluded from the benefit of this Amendment Act.
It is contended that the Amendment Act does not satisfy the twin test of the Article 14 of the constitution Article 14 of the Indian Constitution envisages that the ‘all should be treated equally alike’, wherein it implies that the law should give equal treatment for all equals.
However, the CA Act 2019 runs contrary to the concept of equality enshrined in the Constitution.
The classification does not satisfy the nexus prong test of Article 14. If the object of the CA, Act 2019 is to protect the ‘minorities who faced religious persecution in Afghanistan, Pakistan and Bangladesh’.
Then, the exclusion of sect based discriminated faced by the Ahmaddiyya and Shia sect among these countries are entitled to equal treatment for the benefit of CA, Act 2019.
It is well documented that the sect discrimination within the religion exists in Pakistan and Afghanistan.
Therefore, the extension of benefit of CA Act to the religious minority such as Hindus, Sikhs, Buddhists, Jains, Parsis and Christians, but denying the same to Ahmaddiyya and Shia sect within these countries is unable to satisfy that the nexus prong of objective sought to be achieved, which is protection of minorities facing religious persecution in the Afghanistan, Pakistan and Bangladesh.
Mala Fide Intent behind the Amendment
The exercise of preparing the National Register of Citizens (NRC) was carried out in the State of Assam. It has been reported that approximately 19 lakh people were omitted out of the NRC for failure to prove their Indian Citizenship. This exercise was a deeply flawed exercise which failed to achieve its objective. Although Rs. 1600 Crore were spent in this exercise, all it succeeded in achieving was divide and hatred among people and the same object will surely be achieved by the Citizenship Amendment Act, 2019. It has also come to light that the majority of these people who were declared as Illegal Migrants under the NRC were Hindus and not Muslims, contrary to the expectations and claims of the BJP. This had created a political backlash for the BJP in the Northeast States and the Ruling Party thereafter claimed to conduct another exercise to be carried out for NRC.
So therefore, to save these Hindus, which are approximately 14-15 lakhs, who have been found as Illegal Migrants under the NRC exercise, the present Amendment has been brought about. So that all these illegal Migrants who are Hindus, which come up to about 14-15 lakhs will be given citizenship under the new law. Whereas only those Illegal Migrants who are Muslims will either be deported or kept in Detention Centres/ Concentration Camps.
The petitioners further raise apprehension that when the proposed pan-India NRC excercies is carried out, The Citizenship Amendment Act will cause widespread discrimination against Muslims.
The petitioners seek the striking down of the Act as unconstitutional for being violative of Articles 14 and 21 of the Constitution. They also seek a stay of the operation of the Act during the pendency of the case.
Read the petition here.
