Mumbai: The Citizenship Amendment Bill (CAB) introduced by the Bharatiya Janata Party (BJP) would be providing amnesty to non-Muslim refugees or illegal immigrants from Afghanistan, Bangladesh and Pakistan. The bill has kicked up a controversy as it promises citizenship only to religious minorities other than Muslims.
Even as the BJP government claims that the CAB would give sanctuary to people leaving their countries over religious persecution, it is being slammed for taking an anti-Muslim stand on the issue.
The BJP is being accused of appeasing its mentor Rashtriya Swayamsevak Sangh (RSS) and for changing the idea of 'secular and democratic' India into a dictatorship ruled Hindu Rashtra.
According to senior advocate Aspi Chinoy of the Bombay High Court, the CAB is nothing but 'illegitimate' legislation.“
This bill undermines the very basis of a secular republic like India. No doubt citizenship is a key part of a republic but if one says that now citizenship would be given on the basis of religion, would not be correct and legal,” said Chinoy, who is an expert in constitutional law.
“The bill contravenes the very basic ethos of our Constitution. I have no doubt that this is not legitimate legislation. In fact, this is brought in for extraneous reasons,” Chinoy added.
The CAB is unconstitutional, as per Chinoy and the only remedy for the Muslim refugees would be Article 14 of Indian Constitution. “Article 15 prohibits religious discrimination but that would be only for citizens and not refugees. But Article 14 guarantees equality to all,” Chinoy explained.
“I believe that this bill has been introduced only to steer political controversy and to keep the communal pot boiling,” Chinoy said.Similar was the opinion of Justice (retd.) P B Savant of the Supreme Court.
He said the CAB shows the 'anti-Muslim' attitude of the BJP government.“The bill shows the attitude of the government which is against the Muslim community. It wants to revive the Manu Smriti's idea of society the varna system and so on,” said Justice Savant.
“The government is playing with fire as anti-Islam police would not be better for a secular country like India. We being a secular republic, are bound to accommodate people of all religions but we cannot discriminate in such a fashion,” Justice Savant added.
Human rights activist Lara Jesani said the CAB shows the 'communal' character of the BJP government. She said that the bill is blatantly discriminative.“We have signed several human rights conventions and though not signatory of refugee rights but have participated in dialogues on the issue. Thus, we are bound to protect refugees and not discriminate on the basis of religion,” said Jesani.
Jesani further said that the present ruling is already persecuting Dalits and other minorities and that now the CAB too is just a move to further the BJP's strategy to change the idea of India.
“The BJP is trying to change the idea of India, from a secular, republic and democratic to a dictatorship ruled Hindu Rashtra,” Jesani said.
