Communal tinge to Citizenship Act

An amendment introduced by the government to the Citizenship Act of 1955 is not in line with the principles that underlie the Constitution and the law and rules that govern grant of citizenship. Home Minister Rajnath Singh introduced the bill in the Lok Sabha last month and it has attracted criticism from most of the Opposition parties. The government has now agreed to the Opposition’s demand for sending the bill to a standing committee of Parliament for detailed consideration. The bill seeks to change the rules about grant of citizenship to migrants from other countries. The existing law considers a foreigner who enters the country without valid documents, like passport and travel papers, or overstays his approved visa period, an illegal migrant. But the amendment introduces the migrant’s religion as a factor to be considered while taking a decision on the legal status and request for citizenship.

The amendment provides for grant of citizenship to Hindus, Sikhs and other minorities from neighbouring countries after six years of residence in India even if they entered the country without valid documents. The justification is that they are subjected to victimisation in these countries. But Muslims from Pakistan, Afghanistan and Bangladesh are not entitled to this consideration and they can only apply for asylum in India. This amounts to discrimination and cannot be the basis for state policy and law. It cannot be said that only Hindus are victimised in Pakistan and Bangladesh. The Ahmadis are persecuted in Pakistan. Writer Taslima Nasreen suffered threats and persecution in Bangladesh. The BJP has always looked at migration of people from neighbouring countries to India from the point of view of religion. If Hindus, Sikhs etc enter illegally, then they are refugees or migrants who suffer persecution, but if they are Muslims, they are illegal entrants and infiltrators who need to be deported. In fact, most of them are economic migrants who should be treated in the same manner.

The constitution treats all religions equally. So, no law and policy in the country should discriminate against or show undue favours to any religion. India has always welcomed persecuted people of all religions and offered shelter to them. It is wrong to adopt different norms and standards to decide who can get citizenship in the country. Illegal migration has caused problems in states like Assam. Secular and non-discriminating processes and procedures are needed to address such problems. Amending the rules of citizenship on the basis of religion as proposed by the government is wrong and unfair and is bound to be illegal and unconstitutional.