Delinking citizenship from religious discrimination

The video footage of Shameema Akhtar and Mohammad Maqsood, the mother and father of Mudassar Ahmed Sheikh, who died fighting terrorists for the security of the country in May 2022, receiving the Shaurya Chakra posthumously in 2023 from President Draupadi Murmu, was widely discussed in the last two days. The news surrounding the circulation of the video was that India has decided to deport the mother of the constable who received Shaurya Chakraa along with several Pakistani citizens. The Jammu and Kashmir Police later denied the report following which Shameema herself came forward to deny the reports of her detention. Regardless of the truth of the matter, there have been reports that many people are being detained in Jammu and Kashmir and sent to the Attari border. Pleading they have no ties left in the Pakistani soil and they have been amalgamated into life in India, most of them express helplessness that they cannot return to Pakistan in this context.

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For the time being a subsequent central government order has eased the pressure on the April 29 deadline. Earlier, those who had long-term visas and were waiting to apply for Indian citizenship were temporarily exempted from deportation. However, they had to be Hindu Pakistani citizens. According to the new exemption, even if they have not yet applied for long-term visas, such Hindu Pakistani citizens have also been temporarily exempted from deportation on the condition that they apply immediately. Along with this, the Seemant Lok Sangh, which works for the welfare of Pakistani minority immigrants, clarifies that Muslim women who are married to Indian citizens and live here do not have to leave the country immediately. They said this quoting the Foreigners Registration authorities.

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All this reflects the way in which consideration and citizenship are given on the basis of religion. In other words, those who have migrated from Pakistan and settled here are given special consideration if they are Hindus. If they are Muslims, they always stand the risk of being deported. In the wake of the Pahalgam terror attack, both sides are taking retaliatory actions including deporting the other country's citizens, severing diplomatic relations and imposing trade and economic sanctions. Indian citizens are reportedly returning from Pakistan to India through the border. Officials say that many of those who sought asylum in India came on short-term visas and applied for long-term visas. Out of these, the long-term visa applications of 10,000 Pakistani Hindus are reportedly pending before the authorities. The Centre is preparing to deport everyone else except such groups. This means that Pakistani Muslim residents need not entertain any hopes of staying here anymore.

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This patent discrimination has been a topic of discussion since the Parliament passed the Citizenship Amendment Act in 2019. The provisions of the law, including easing the citizenship process for non-Muslim groups from neighboring countries, are a clear discrimination against Muslims. Citizenship is granted on the basis of religion going beyond the principles envisaged by the Constitution. The official explanation is that such asylum is needed for only non-Muslim groups as they are the minority in the specified countries. However, everyone knows that not all migrants sought asylum due to discrimination back home but for better living conditions or because their family ties are rooted in India. Union Home Minister Amit Shah said at the time of debates that the citizenship amendment law was to grant citizenship to those who did not have citizenship, not to take it away from those who were citizens of India. However, what is now being seen is that Indian citizens are being torn away from their loved ones and relatives and deported to another country where no one is there, just because they do not have the required documents. at the time.

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Although the rights guaranteed under Article 15 of the Constitution to equal treatment without discrimination on the basis of religion, race, caste, and sex, discrimination applies to citizens, Article 14 of the Constitution, which states that the State shall not deny any person the right to equality before the law, the State is now classifying Pakistani nationals as Pakistani Hindus and Pakistani Muslims. The fact that more than 200 petitions filed in the Supreme Court challenging the Citizenship Amendment Act have not even been taken up for hearing is an indication of how the country views a section of its own citizens. Rules based on the said Act have been framed and citizenship granted citizenship on that basis to a few hundred. There are still more than 25,000 applicants, as per official sources. What is imperative now is that the Supreme Court expeditiously examine the validity of this important legislation, which strikes at the root of the secular nature of the country and the principle of equality before law.