Skip to main content

Former SC, HC justices, advocates, activists, litterateurs oppose CAB, seek support

Counterview Desk
Several top citizens, including former judges, advocates, litterateurs and activists have sought support for their statement opposing the controversial Citizenship Amendment Bill (CAB), 2019, and proposed all-India National Register of Citizens (NRC). To be released on December 10, those who support it have been asked to endorse it end in to cjpindia@gmail.com or here.
Called Stand Up for the Constitution #Scrap CAB 2019 #NoNRC, those who have floated the statement are: former Supreme Court justice PB Sawant, former Bombay High Court justices Hosbet Suresh and BG Kolse Patil, human rights defenders Teesta Setalvad and Javed Anand, poet and screen writer Javed Akhtar, industrialist and activist Cyrus Guzder, senior advocates Mihir Desai and Sandhya Gokhale, actor and writer Chitra Palekar, artist Shankuntala Kulkarni, journalist Anil Dharker, and bureaucrat-turned-avtivist Harsh Mander.

Text:

Citizenship has been defined as the right to have rights. Citizenship in India is based on the non-negotiable principles of equality and non-discrimination. India, when it became Independent (1947) and thereafter when it firmly rooted itself in an inclusive and composite nationhood, in 1950, accepted that people of all faiths, creeds, castes, languages and genders, equally and without discrimination are Indian.
In sharp contrast to this foundational commitment and history, over the past six years, there are clear political moves to fundamentally assault and redefine this Constitutional basis of both Indian nationhood and citizenship.
Especially now, with the newly drafted proposed CAB or Citizenship Amendment Bill, 2019 (that is now proposed to be re-introduced in the 2019 Winter Session of Parliament) and second through a hurried, and not thoroughly debated all India-level National Population Register (NPR)-National Register of Citizens (NRC) process.
Both these moves need to be categorically protested and condemned.
CAB (2019) makes a promise to entertain requests for refuge and citizenship to all those ‘persecuted minorities’ from three Islamic countries, Pakistan, Afghanistan and Bangladesh who reached India before either 2014 or later.
The amendments by giving special privileges to Hindus, Sikhs, Buddhists, Jain, Parsis and Christians from these three countries, single out Muslims for exclusion. For example, neither the Ahmadiyas, who are undoubtedly persecuted in Pakistan, nor do possible asylum seekers like the Rohingyas from Myanmar or Tamils from Sri Lanka have any place here.
For the first time there is a statutory attempt to not just privilege peoples from some faiths but at the same time relegate another, Muslims, to second-rate status. The proposed amendments to India’s 1955 citizenship law (Citizenship Amendment Bill, 2019) need to be strongly rejected on these counts alone, in that they are divisive and discriminatory in character.
The CAB, 2019 is at odds with Constitutional secular principles and a violation of Articles 13, 14, 15, 16 and 21 which guarantee the right to equality, equality before the law and non discriminatory treatment by the Indian state.
This regime threatens to go further. Through the process of enlisting for an NPR)
 and thereafter an NRC, the present government appears intent on causing huge upheavals within Indian society. Assam has, especially since 2013, been reeling under the impact of this ill-conceived exercise.
Apart from the huge material costs, the human costs have been immeasurable. Death, families torn apart; detention camps and foreigners’ tribunals; fear, the spectre of statelessness – this is what the ordinary people, especially minorities, Dalits, women, children and the poor have had to suffer and continue to suffer. The worst impacted are women and children.
A nation-wide NRC will unleash widespread division and suffering among people across the country – rather than address the critical needs, from food security and employment to the annihilation of discrimination based on caste, community and gender, to the freedom to speak, worship, and live as our diverse people choose.
Today 19 lakh persons (1.9 million live a broken existence in Assam with the sword of statelessness hanging over them. Does the rest of India want to tread this path?
A nation-wide NRC will unleash widespread division and suffering among people across the country
Never mind this history, the Indian government wishes now to replicate an Assam like trauma on the entire Indian people. While the government has announced, or rather decreed, that the NPR survey would begin from April 2020 onwards, there has been no public debate and clarity -- in Parliament or elsewhere -- on the criteria of inclusion and exclusion within this ‘register’ once its begins.
Neither has there been any deliberation on the documents that will be required and demanded as standards of poof. There is also complete silence on the ‘cut-off date’ that will be used as the bottom line.
Indian citizenship law grants citizenship by birth to all born before 1987. After that date apart from the citizens birth the requirement is that one parent needs to have been born in India before 1987. After 2004, there is an additional qualification that neither parent should be an illegal migrant. Given this calibration in existing law, what is or will be the criteria for inclusion and exclusion in the NPR/NRC? In a constitutional democracy can such an exercise be shrouded in secrecy?
Indian society is stratified with the ‘document’ being the privilege of the moneyed and few. Internal migration, natural and manmade disasters particular affect and target marginalised and displaced populations who have to struggle to produce these standards of proof. India has not yet given its migrant labour populations basic voting rights.
Despite a birth registration law that dates to 1969, only 58 % of Indian births are today registered. The Aadhar experiment has thrown up its own levels of horror stories.
Under these circumstances must Indians allow their government to throw them into this conundrun of proof of existence by the document?
We must unequivocally reject CAB 2019 and at the same time in the same breath, NPR/NRC.

Comments

TRENDING

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Where’s the urgency for the 2,000 MW Sharavati PSP in Western Ghats?

By Shankar Sharma*  A recent news article has raised credible concerns about the techno-economic clearance granted by the Central Electricity Authority (CEA) for a large Pumped Storage Project (PSP) located within a protected area in the dense Western Ghats of Karnataka. The article , titled "Where is the hurry for the 2,000 MW Sharavati PSP in Western Ghats?", questions the rationale behind this fast-tracked approval for such a massive project in an ecologically sensitive zone.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah  The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad*  The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.

Structural retrogression? Steady rise in share of self-employment in agriculture 2017-18 to 2023-24

By Ishwar Awasthi, Puneet Kumar Shrivastav*  The National Sample Survey Office (NSSO) launched the Periodic Labour Force Survey (PLFS) in April 2017 to provide timely labour force data. The 2023-24 edition, released on 23rd September 2024, is the 7th round of the series and the fastest survey conducted, with data collected between July 2023 and June 2024. Key labour market indicators analysed include the Labour Force Participation Rate (LFPR), Worker Population Ratio (WPR), and Unemployment Rate (UR), which highlight trends crucial to understanding labour market sustainability and economic growth. 

Venugopal's book 'explores' genesis, evolution of Andhra Naxalism

By Harsh Thakor*  N. Venugopal has been one of the most vocal critics of the neo-fascist forces of Hindutva and Brahmanism, as well as the encroachment of globalization and liberalization over the last few decades. With sharp insight, Venugopal has produced comprehensive writings on social movements, drawing from his experience as a participant in student, literary, and broader social movements. 

Authorities' shrewd caveat? NREGA payment 'subject to funds availability': Barmer women protest

By Bharat Dogra*  India is among very few developing countries to have a rural employment guarantee scheme. Apart from providing employment during the lean farm work season, this scheme can make a big contribution to important needs like water and soil conservation. Workers can get employment within or very near to their village on the kind of work which improves the sustainable development prospects of their village.

'Failing to grasp' his immense pain, would GN Saibaba's death haunt judiciary?

By Vidya Bhushan Rawat*  The death of Prof. G.N. Saibaba in Hyderabad should haunt our judiciary, which failed to grasp the immense pain he endured. A person with 90% disability, yet steadfast in his convictions, he was unjustly labeled as one of India’s most ‘wanted’ individuals by the state, a characterization upheld by the judiciary. In a democracy, diverse opinions should be respected, and as long as we uphold constitutional values and democratic dissent, these differences can strengthen us.

94.1% of households in mineral rich Keonjhar live below poverty line, 58.4% reside in mud houses

By Bhabani Shankar Nayak*  Keonjhar district in Odisha, rich in mineral resources, plays a significant role in the state's revenue generation. The region boasts extensive reserves of iron ore, chromite, limestone, dolomite, nickel, and granite. According to District Mineral Foundation (DMF) reports, Keonjhar contains an estimated 2,555 million tonnes of iron ore. At the current extraction rate of 55 million tonnes annually, these reserves could last 60 years. However, if the extraction increases to 140 million tonnes per year, they could be depleted within just 23 years.