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

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Gujarat agate worker, who fought against bondage, died of silicosis, won compensation

Raju Parmar By Jagdish Patel* This is about an agate worker of Khambhat in Central Gujarat. Born in a Vankar family, Raju Parmar first visited our weekly OPD clinic in Shakarpur on March 4, 2009. Aged 45 then, he was assigned OPD No 199/03/2009. He was referred to the Cardiac Care Centre, Khambhat, to get chest X-ray free of charge. Accordingly, he got it done and submitted his report. At that time he was working in an agate crushing unit of one Kishan Bhil.

Budget for 2018-19: Ahmedabad authorities "regularly" under-spend allocation

By Mahender Jethmalani* The Ahmedabad Municipal Corporation’s (AMC's) General Body (Municipal Board) recently passed the AMC’s annual budget estimates of Rs 6,990 crore for 2018-19. AMC’s revenue expenditure for the next financial year is Rs 3,500 crore and development budget (capital budget) is Rs 3,490 crore.

Licy Bharucha’s pilgrimage into the lives of India’s freedom fighters

By Moin Qazi* Book Review: “Oral History of Indian Freedom Movement”, by Dr Licy Bharucha; Pp240; Rs 300; Published by National Museum of Indian Freedom Movement The Congress has won political freedom, but it has yet to win economic freedom, social and moral freedom. These freedoms are harder than the political, if only because they are constructive, less exciting and not spectacular. — Mahatma Gandhi The opening quote of the book by Mahatma Gandhi sums up the true objective of India’s freedom struggle. It also in essence speaks for the multitudes of brave and courageous individuals who aspired to get themselves jailed for the cause of the country’s freedom. A jail term was a strong testimony and credential of patriotism for them. The book has been written by Dr Licy Bharucha, an academically trained political scientist and a scholar of peace studies and Gandhian studies, who was closely associated throughout her life with those who made the struggle for India’s independence the primar...

Warning bells for India: Tribal exploitation by powerful corporate interests may turn into international issue

By Ashok Shrimali* Warning bells are ringing for India. Even as news drops in from Odisha that Adivasi villages, one after another, are rejecting the top UK-based MNC Vedanta's plea for mining, a recent move by two senior scholars Felix Padel and Samarendra Das suggests the way tribals are being exploited in India by powerful international and national business interests may become an international issue. In fact, one has only to count days when things may be taken up at the United Nations level, with India being pushed to the corner. Padel, it may be recalled, is a major British authority on indigenous peoples across the world, with several scholarly books to his credit. 

Covid response? How, gripped by fear and groupthink, scientists 'failed' children

By Bhaskaran Raman*  “Today’s children are tomorrow’s future”, “Nurture children’s dreams”, “A child’s smile is sunlight”. These are some cliches, rendered rather uninspiring through repetition and obviousness. However, for nearly 2½ years, society forgot these cliches, children suffered as science failed and groupthink prevailed. Worse, all of this has been swept under the rug.