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

The golden crop: How turmeric is transforming women's lives in tribal India

By Vikas Meshram*   When the lush green fields of turmeric sway in the tribal belt of southern Rajasthan, Madhya Pradesh, and Gujarat, it is not merely a spice crop — it is the golden glow of self-reliance. In villages where even basic spices once had to be bought from the market, the very soil today is yielding a prosperity that has transformed the lives of thousands of families. At the heart of this transformation is the initiative of Vaagdhara, which has linked turmeric with livelihoods, nutrition, and village self-governance — gram swaraj.

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.

Love letters in a lifelong war: Babusha Kohli’s resistance in verse

By Ravi Ranjan*  “War does not determine who is right—only who is left.” Bertrand Russell’s words echo hauntingly in our times, and few contemporary Hindi poets embody this truth as profoundly as Babusha Kohli. Emerging from Jabalpur, Madhya Pradesh, Kohli has carved a unique space in literature by weaving together tenderness, protest, and philosophy across poetry, prose, and cinema. Her work is not merely artistic expression—it is resistance, refuge, and a call for peace.

Authoritarian destruction of the public sphere in Ecuador: Trumpism in action?

By Pilar Troya Fernández  The situation in Ecuador under Daniel Noboa's government is one of authoritarianism advancing on several fronts simultaneously to consolidate neoliberalism and total submission to the US international agenda. These are not isolated measures, but rather a coordinated strategy that combines job insecurity, the dismantling of the welfare state, unrestricted access to mining, the continuation of oil exploitation without environmental considerations, the centralization of power through the financial suffocation of local governments, and the systematic criminalization of all forms of opposition and popular organization.

Echoes of Vietnam and Chile: The devastating cost of the I-A Axis in Iran

​ By Ram Puniyani  ​The recent joint military actions by Israel and the United States against Iran have been devastating. Like all wars, this conflict is brutal to its core, leaving a trail of human suffering in its wake. The stated pretext for this aggression—the brutality of the Ayatollah Khamenei regime and its nuclear ambitions—clashes sharply with the reality of the diplomatic landscape. Iran had expressed a willingness to remain at the negotiating table, signaling a readiness to concede points emerging from dialogue. 

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah  Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

False claim? What Venezuela is witnessing is not surrender but a tactical retreat

By Manolo De Los Santos  The early morning hours of January 3, 2026, marked an inflection point in Venezuela and Latin America’s centuries-long struggle for self-determination and independence. Operation Absolute Resolve, ordered by the Trump administration, constituted the most brutal and direct military assault on a sovereign state in the region in recent memory. In a shocking operation that left hundreds dead, President Nicolás Maduro and First Lady Cilia Flores were illegally kidnapped from Venezuelan soil and transported to the United States, where they now face fabricated charges in a New York federal detention facility. In the two months since this act of war, a torrent of speculation has emerged from so-called experts and pundits across the political spectrum. This has followed three main lines: One . The operation’s success indicated treason at the highest levels of the Bolivarian Revolution. Two . Acting President Delcy Rodríguez and the remaining leadership have abandone...

The selective memory of a violent city: Uttam Nagar and the invisible victims of Delhi

By Sunil Kumar*  Hundreds of murders take place in Delhi every year, yet only a few incidents become topics of nationwide discussion. The question is: why does this happen? Today, the incident in Uttam Nagar has become the centre of national debate. A 26-year-old man, Tarun Kumar, was killed following a dispute that reportedly began after a balloon hit a small child. In several colonies of Delhi, slogans such as “Jai Shri Ram” and “Vande Mataram” are being raised while demanding the death penalty for Tarun’s killers. As a result, nearly 50,000 residents of Hastsal JJ Colony are now living in what resembles a state of confinement. 

The price of silence: Why Modi won’t follow Shastri, appeal for sacrifice

By Arundhati Dhuru, Sandeep Pandey*  ​In 1965, as India grappled with war and a crippling food crisis, Prime Minister Lal Bahadur Shastri faced a United States that used wheat shipments under the PL-480 agreement as a lever to dictate Indian foreign policy. Shastri’s response remains legendary: he appealed to the nation to skip one meal a day. Millions of middle-class households complied, choosing temporary hunger over the sacrifice of national dignity. Today, India faces a modern equivalent in the energy sector, yet the leadership’s response stands in stark contrast to that era of self-reliance.