I think most people are just hyperventilating over CAA.I understand the fear over the CAA+NRC combination,but CAA alone is a very fine law.
I myself have conflicting views over NRC, it’s scope and usage due to many reasons including the alienation and possible persecution of the Indian muslim community.
Hence,I stand by CAA very firmly and I don’t think I would argue over it with anybody,while I simultaneous do agree that it can lead to dangerous usage.
My request to protestors would be wait out CAA.
Protest against NRC when government plans to roll it out,and a lot of us may join in.
Even a rightwinger and classical conservative Hindu like me may contemplate joining the protests.
I am not decided upon NRC,but I am very skeptical over government using it to weed out muslims,and not Bangladeshis.
I would now tackle some common arguments against CAA and sometimes but lesser so,NRC. I have taken these arguments from some common infographics circulated on Instagram and WhatsApp stories.
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• CAA violates the Indian Constitution through Article 14(Right to Equality),Article 14(Right to Equality: non-discrimination) and Article 21(Right to Life).
Clarification:
Firstly,CAA doesn’t violate Article 21 at all. It doesn’t stop anybody from living their life and doesn’t take away Right to Life. While CAA would give citizenship to non-muslims from Afghanistan/Pakistan/Bangladesh who entered before 2014,it would have no impact on muslim refugees in India. They will continue as they are. Nobody will take their lives away. They will still be residents of the country,but not citizens. It means they won’t get government subsidies,but they still have the Right to Life.
Article 14 & Article 15 are somewhat contentious with CAA,but they can still accodomate CAA. Indian Constitution allows discrimination based on “intellegible differentia”.
Do Special minority schemes like Haj subsidies or immunity from government intervention on minority institutions violate Article 14 or article 15? Does SC/ST reservations violate them? No, because Constitution allows limited discrimination on valid grounds.
Constitution dissallows discrimination between two equal groups,but not between two unequal groups like religious minorities of Pakistan and religious majority of Pakistan.
For more: Watch Harish Salve on NDTV with Srinivasan Jain,or Ashish Dhar’s Clear-cut with J Sai Deepak Upword( both available on YouTube).
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• Government of India, henceforth GoI, shouldn’t care about religious minorities of Pakistan/Bangladesh/Afghanistan as it makes India Hindu Rashtra.
Clarification:
The religious minorities of Pak/Afgh/Bangladesh aren’t only Hindus but also Parsees, Christians,Sikhs,Jains etc who will be given citizenship if they entered before 2014. It concerns mostly Pakistan and Bangladesh because there are negligible minorities left in Afghanistan after advent of Mujahids and it’s just a general amnesty to the few hundreds left.
So,why to religious minorities of Pakistan and Bangladesh? Those countries for carved out of secular India on religious lines .
In 1947,India was one big country. Suddenly,for no fault of theirs, non-muslims of Pakistan(then there was no Bangladesh) found themselves, non-muslims of 1947 suddenly ceased to be “Indians” overnight and citizens of a secular country and became “Pakistani” citizens of an Islamic country. While the muslims voted for Muslim League in West Punjab and East Bengal for an Islamic country and got it,non-muslims ceased to be Indian citizens,and it is hence the duty of the Indian state to take these non-muslims of erstwhile India.
There was political consensus that minorities of Pakistan can come to India when they want. Read books like “Creating a New Medina” by Venkat Dhulipala or “Freedom by Midnight” by Lapierre and Collins and you will realise how common this consensus was. In fact,Jinnah had in some speech suggested that muslims in India will be Pakistani citizens but would continue to live in India.
CAA just legalises this political consensus that had existed at time of partition. One doesn’t need to look hard for it when it comes to me. I have lived my life in South Kolkata among Bengali Hindu friends whose family emigrated to India from varying time periods like 1947 to some as recently as 1990s.
A lot who didn’t migrated yet are Dalits or poor who didn’t have the money to hire a cart or for a train ticket to India. One can’t just deny them this when this political consensus existed in 1947 but never legalised till now.
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• GoI’s argument for not including muslims is that they are not persecuted in Pakistan,but some minorities like Shias,Hazaras,Ahmadiyas & Baluchis are. Also, they should have included Myanmar,Sri Lanka too.
Clarification:
This is a policy argument,and not a Constitutional one and there is no end to it. There is no real answer for this. One can explain why certain minorities from certain countries were chosen,but not why other minorities from other countries werr not taken Yet I would try.
Yes,they may indeed be persecuted there but the Indian government has no historical burden to take them in like it had for non-muslim minorities as can be seen through the political consensus.
GoI has chosen religious persecution of only Afghanistan/Pakistan/Bangladesh because these are the only nations in India’s neighborhood with state religion. Sri Lanka & Myanmar are Secular states(Myanmar is a bit controversial as Military junta was Budhhist,but the democratic set-up has not declared any Religion).
While the “intelligeble differentia” is religious persecution,Shias,Ahmadiyas etc face sectarian persecution.
Shias,Ahmadiyas had supported partition before 1947,and if they feel persecuted again they should partition out again with Pakistan. Jinnah was a Shia muslim,for example. So,GoI has no Civilizational and historical burden to grant them amnesty as they actively participated in the creation of Pakistan/Bangladesh. Same argument not with other minorities.
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• Due to CAA, many Indian muslims may lose their right to have rights.Many people will be inhumanly excluded due to being Muslims,Transgender, atheists, adivasis, dalits, women, landless and/or without documents. They could be jailed, deported or placed in camps.
Clarification:
This one is funny. Tweeted by Farhan Akhtar. This contains lots of misinformation. Firstly,CAA isn’t about exclusion,but only inclusion. Nobody will lose any rights or will he deported,jailed or placed in camps. Taking away rights from illegal immigrants (not muslims,dalits etc) will be done by NRC if it ever happens and not CAA. Nobody is being excluded from Indian citizenship now.
Anyways, that dalit,adivasis,women etc part was extremely funny. Most who will benefit from CAA will be dalits and adivasis as mostly they are poor enough in Bangladesh or Pakistan to have not left the land already. The person who made it must be paying tribute to their intersectional feminism side of political bias,by spreading propaganda.
Nobody loses any rights through CAA anyways. I am expressed my reservations against NRC already ,but any such thing against CAA is propanda. No need to read CAA & NRC together. NRC is a different issue for most people except in Bengal & Assam.
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• All Non-muslims, especially Hindus, without documents or if excluded through NRC, will automatically get citizenship through CAA.
Clarification:
GoI has not made the procedure for it clear,but most probably not true. CAA gives non-muslims only from Bangladesh/Pakistan/Afghanistan and only if they entered India before 31 December 2014.
So,in order to get Indian citizenship every Hindu or any other non-muslim minority in India,if they are without documents, must thereby prove that
(a) they migrated to India from Afghanistan/Pakistan/Bangladesh,
(b)They did that before 31 December 2014.
Now,yes it is communal in the sense that Non-muslim refugees will get citizenship if they prove that but not muslim refugees. Unfortunately for them, their forefathers voted out to form the Islamic nation, unlike for the non-muslim refugees.
Except for that,it is very secular. Now if a Bihari Hindu doesn’t have the required document and if he can’t meet the aforementioned standards of migrating out of Afgh/Pak/Bang, he would be rendered without citizenship.
Now how would they prove that?
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• Why NRC at all? Wouldn’t it cost a lot? Will people will put into detention centres?
Clarification:
No. It wouldn’t cost a lot. It will most probably be done alongside Census which is due in 2021. So, it’s cost will be minimal as Census was to he done anyways.
And no, people won’t be put into detention centres. In Assam, 1.9 million people were found to be illegals but but only a thousand were put to detention centres(which by the way was commisioned by Congress).
Finally,why NRC? Scientists expect 17% of Bdesh to submerge to water by 2050. Where will those displaced people go? They will come to Bengal, Bihar & North-East India. Now, if we make a National Register of Citizens now, future citizenship tests will be easy as you will be asked to prove your allegiance by documents to the NRC 2021. This won’t be tough as India digitalises.
NRC is not the counter to present illegals. Most of them will get citizenship,while others who won’t,their children will. So,it is more about identifying future illegals more than present ones.
Summarising,
1)NRC is a conflicting procedure for me,but I stay strong by CAA.
2) CAA doesn’t give citizenship to all Hindus without documents. You have to prove you are a Refugee from Afgh/Pak/Bang before 2014(Assumption of Protestors saying wrong).
3)In Assam,only pre-1971 documents were valid. By that rule,my own Hindu father may lose citizenship if NRC comes.
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My Criticism of CAA-
1) Unnecessarily provocative bill. Government could have done all the same by covert executive power or more politically correct language in the bill.
2) May cause Bengalis in North-East problems with anti-Bengali sentiments.
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My Criticism of NRC:
1)I am a votary of limited state. I want Government out of business and want it out of all spheres of lives it shouldn’t be at. NRC isn’t congruent with my vision of a limited storng state.
2) I don’t think Indian state machinery is efficient enough for it. It will lead to unnecessary corruption and harassment of people. Due to India’s inefficient beaurocracy a lot of people may face harassment.
3) What will you do with the illegals?