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Citizenship Amendment Act: Does not suffer from the vile of “Class Legislation”

A long struggle of 6 years starting in the year of 1979 following not only the martyring of people, but also massacres – that ultimately panned itself out in such a way that it created a necessity for State intervention.

In this intervention were promises, that ended the half a dead long stint of violence and unrest in Assam and it was called the Assam Accord – a memorandum of settlement inked between the representatives of the All Assam Students Union, the Assam state government and the government of India.
Assam Accord remains one of the most important contentions for safeguards for the people of Assam in the sense that it gives to them an essential mechanism, a special provision that exists for no other; among these provisions is the Clause 6 which basically says:

“Constitutional, legislative and administrative safeguards, as may be appropriate, shall be provided to protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assamese people.”

And in its outlook, and promise remains one of the most impressing of all Clauses; after all it has not only helped create Assam into a global hotspot, but also has (through its) implementation established the Srimanta Sankardeva Kalakshetra Society for the preservation of culture; the Jyoti Chitraban Film Studio for the promotion of Assamese films; and continual financial assistances to a number of Sastras along with directions to the Archaeological Survey of India (ASI) to protect, preserve and promote historical monuments.

Now that Clause 6 makes a case for itself, it has to be defended in the face of persecution of the kinds that is alleged in India.

Consider this, a total of 31,313 persons belonging to minority communities, including 25,447 Hindu, 5,807 Sikhs, 55 Christians, 2 Buddhists and 2 Parsis who have been given Long Term Visa on the basis of their claim of religious persecution in their respective countries and want Indian Citizenship will be the immediate beneficiaries of the recently-passed Citizenship Amendment Act, the Intelligence Bureau had said in 2016.

This was revealed by the government itself during a hearing by a parliamentary committee on the 2016 version of the Bill, now an Act. The committee had asked how many people would benefit from the legislation. The Intelligence Bureau said, “As per our records, there are 31,313 persons belonging to minority communities (Hindus – 25447, Sikhs – 5807, Christians – 55, Buddhists – 2 and Parsis – 2) who have been given Long Term Visa on the basis of their claim of religious persecution in their respective countries and want Indian Citizenship. Hence, these persons will be immediate beneficiaries.”

These communities persecuted and rendered stateless, homeless in their state want to return home and with Clause 6 implemented with certain considerations of ILP being extended to a chunk of Assam; and promise of utter most safeguard of the people; opening our arms to those who have been lessened seems not only fair but also humanitarian on our part – although CAA is a nationwide Act, but there is this perception that it will be very localized, esp. within Assam; but it to to this context one also has to register that granting citizenship is within the exclusive power of the Centre, and the States have no role to play.

The refusal of WB, Punjab, Kerala, etc., not to enforce the CAA is, therefore, without merit. There is nothing in the Act, which takes away the Citizenship of any existing person of any religion.

At a more fundamental level, there is nothing in the Act which is repugnant to, or violative of, Art. 14 of the Constitution. The Act endeavours to make a “Reasonable Classification”, and does not suffer from the vice of “Class Legislation”.

CAA is an Act that could help India flourish into a nation that raises  compassionate politics, and it is with this hope that we must accept CAA. 

 

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