Kamal Haasan’s party (MNM) knocks the Supreme Court against Citizenship Act [Read petition]
By: – Syed Ali Taher Abedi
A political outfit Makkal Needhi Maiam has knocked the Apex Court against the Citizenship (Amendment) Act 2019. (CAA)
The MNM in its petition , said that the amendment gives special protection to religious minorities only and excludes linguistic minorities, which is “unconstitutional”
The petitioner contends that the religion based classification of Citizenship (Amendment) Act, 2019 No 47 of the Constitution of India.
This Act does not have reasonable classification based on intelligible differentia.
The classification base on ipso facto Violates Article 14 of the Constitution of India, wherein the legislation effectuate discrimination on the basis of the intrinsic and core identify of the individual i.e. religious identity of the individual.
The petitioner further says that “if the classification is founded on the intrinsic and core element of the individual ground such as race, sex, religion, place of the birth and case. Such classifications are prime facie impermissible classification under Article 14 of the Constitution of India.
The petitioners says that if the guiding principle of the respondents is to single out Pakistan, Bangladesh, Afghanistan on account of religious persecution prevailing there, then exclusion of Ahmadiyas from Pakistan, Shias from Afghanistan is inconsistent to such principles.
The ethnic and religious persecutions against the Tamilians in Srilanka pose a higher degree of harm. There was widespread religious persecution of Non- Buddhist communities in Srilanka to whom the Citizenship Amendment Act 2109 No 47 of 2019 does not apply,similarly the Rohangiya Muslims in Myanmaar had also faced the most extreme forms of inhumane persecution at the hands of Myanmar Army. Therefore there is no guiding principle to single out three countries (Afghanistan, Pakistan and Bangladesh) and extend the benefit of Citizenship (Amendment) Act, 2019 No.47 of 2019 through neutralization of the aforementioned three countries.
Read The Petition Here
