EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE DELHI THE HINDU 10 EDITORIAL WEDNESDAY, DECEMBER 11, 2019 EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE A patently unconstitutional piece of legislation The Citizenship Amendment Bill, 2019 has a sinister political logic — the first de jure attempt towards a Hindu Rashtra basic feature of the Constitution in have personally faced more reli­ who is primarily an economic mi­ a multitude of judgments. But in gious persecution than many Ban­ grant and who may not have not addition to this basic question, a gladeshi Hindus. Similarly, Shias faced any direct persecution in his Instant reward look at the proposed CAB shows in Pakistan, a different sect of the life, will be entitled to be consi­ that it is peppered with unconsti­ same religion, also face severe per­ dered apparently on the ground of Karnataka gets political stability, even though tutionalities. The classification of secution in Pakistan. The fact that religious persecution? Similarly, it was achieved via dubious means Shadan Farasat countries and communities in the atheists are missing from the list of why a Tamil from Jaffna who took CAB is constitutionally suspect. beneficiaries is shocking. a boat to escape the atrocities in nstant reward, not punishment, is what people Restricting the benefits of “reli­ Sri Lanka will continue be an “ille­ willed for Karnataka lawmakers who defected from ow a country defines who Country classification gious minority” to six religious gal migrant” and never be entitled Ithe Congress and the Janata Dal (Secular) to the BJP can become its citizens de­ First to the countries. The basis of groups (Hindus, Sikhs, Buddhists, to apply for citizenship by natural­ and sought a fresh mandate in by­elections held on De­ Hfines what that country is, clubbing Afghanistan, Pakistan Jains, Parsis and Christians) is isation? It is not difficult to imagine cember 5. Their defection and subsequent resignation because citizenship is really the and Bangladesh together and the­ GETTY IMAGES/ISTOCKPHOTO equally questionable. Ahmadiyas many other examples of this kind from the legislature led to the collapse of the Congress­ right to have rights. For India, the reby excluding other (neighbour­ cern, then why has Sri Lanka, in Pakistan are not recognised as that reveal the manifestly arbitrary JD(S) coalition government in Karnataka, paving the choice was inexplicably made in ing) countries is unclear. A com­ which is Buddhist majority and Muslims there and are treated as nature of CAB. There is also the re­ way for the current Bharatiya Janata Party (BJP) govern­ 1950 when the Constitution was mon history is not a ground as has a history where Tamil Hindus belonging to a separate religion. In duction in the residential require­ adopted, and Part II (concerning Afghanistan was never a part of have been persecuted, been ex­ fact, because they are seen as a re­ ment for naturalisation — from 11 ment in July, led by B.S. Yediyurappa. With the BJP win­ citizenship) provided citizenship British India and always a separate cluded? Why is also Myanmar, ligion that has tried to change the years to five. It is almost as if CAB ning 12 of the 15 seats to which by­elections were held, based on domicile in the territory country. Being a neighbour, geo­ which has conducted a genocide meaning of Islam, they are more in its provisions and impact is try­ the party now has 117 MLAs and a comfortable majority of India. In fact, under Article 6 of graphically, is no ground too as Af­ against Muslim Rohingyas, many persecuted than even Christians ing to give definitional illustrations in the Assembly. The party had fallen short of a major­ the Constitution, migrants from ghanistan does not share an actual of who have been forced to take re­ or Hindus. If the avowed objective of the word “arbitrary”. ity in the 2018 election that threw up a hung legislature. Pakistani territory to Indian terri­ land border with India. More im­ fuge in India, not been included? of CAB is to grant citizenship to mi­ CAB is devoid of any constitu­ The post­poll alliance of the JD(S) and the Congress was tory were also given citizenship portantly, why have countries The CAB selection of only these grants on the basis of religious per­ tional logic, as explained above. a legitimate move to end the impasse, but it was des­ rights. Religion was conspicuous such as Nepal, Bhutan and Myan­ three countries is manifestly arbi­ secution in their country of origin, But it does have a sinister political in this constitutional scheme, in its mar, which share a land border trary. the absence of Ahmadiyas from logic. By prioritising Hindus in tined to be unstable. The JD(S) strength was less than absence. The Constitution also re­ with India, been excluded? the list makes things clear. matters of citizenship as per law, it half of the Congress strength, but its leader H.D. Kuma­ cognises the power of Parliament The reason stated in the ‘State­ Focus on certain groups Article 14 of the Constitution of seeks to make India a Hindu ho­ raswamy became the Chief Minister. The BJP, particu­ to make provisions with respect to ment of Objects and Reasons’ of On the classification of indivi­ India, prevents the State from de­ meland, and is the first de jure at­ larly Mr. Yediyurappa, turned the resentment in the “acquisition and termination of ci­ the Bill is that these three coun­ duals, the Bill provides benefits to nying any “person” (as opposed to tempt to make India a Hindu Rash­ Congress camp to his advantage. In a replay of simil ar tizenship”. Pursuant to this, Par­ tries constitutionally provide for a sufferers of only one kind of perse­ citizen) “equality before the law” tra. If India is to stay a country for sequence of events in the past, MLAs resigned, as if on liament had enacted the Citizen­ “state religion”; thus, the Bill is to cution, i.e. religious persecution. or “equal protection of the laws” Indians and not for Hindu Af­ cue. Sixteen of those MLAs were promptly admitted to ship Act, 1955; again, religion is protect “religious minorities” in This itself is a suspect category. within the territory of India. From ghans, Hindu Pakistanis and Hin­ not a relevant criteria under the these theocratic states. This rea­ Undoubtedly, the world abounds the serious incongruities of CAB, du Bangladeshis and eventually the BJP, and 13 were fielded as its candidates. The Chief 1955 Act. son does not hold water. Why then in religious persecution but it as explained above, it is not diffi­ for Hindu Russians, Hindu Ameri­ Minister hinted on Monday that at least 11 of the 12 win­ This position is now sought to is Bhutan, which is a neighbour abounds equally, if not more, in cult to imagine, how it will not just cans, CAB should not be passed in ners would be given ministerial berths. be changed through the proposed and c onstitutionally a religious political persecution. If the intent deny equal protection of laws to si­ Parliament. If it is, the judiciary The Central leadership of the BJP had appeared to be Citizenship Amendment Bill, 2019 state — the official religion being is to protect victims of persecu­ milarly placed persons who come must call it out for what it is — a pa­ keeping an arm’s­length from the developments in Kar­ (CAB) that seeks to amend certain Vajrayana Buddhism — excluded tion, there is no logic to restrict it to India as “illegal migrants” but in tently unconstitutional piece of le­ nataka at the beginning but it was quick to own up to provisions of the 1955 Act. from the list? In fact, Christians in only to religious persecution. fact grant citizenship to the less gislation. Else, make no mistake, it the victory on Monday, with Prime Minister Narendra The obvious question on which Bhutan can only pray privately in­ Further, the assumption that reli­ deserving at the cost of the more is only the beginning and not the much of the debate has so far fo­ side their homes. Many Bhutanese gious persecution does not oper­ deserving. end of similar legal moves, which, Modi himself terming it as a popular rejection of the cused on is whether in a country Christians in the border areas tra­ ate against co­religionists is also How else does one explain how with time, will bring an end to the Congress. He accused the Congress of subverting the such as India, with a secular Con­ vel to India to pray in a church. false. Taslima Nasreen of Bangla­ a Rohingya who has saved himself Constitution as we know it. 2018 mandate. The BJP had won 104 seats in the 224­ stitution, certain religious groups Yet, they are not beneficiaries un­ desh is a case in point. She or simi­ from harm in Myanmar by cross­ strong Assembly in 2018 and its majority today has can be preferred in acquisition of der CAB. Further, if religious per­ larly placed persons will not get ing into India will not be entitled Shadan Farasat is an advocate practising been won through a devious route. What rankles is the citizenship. Especially when secu­ secution of “religious minorities” the benefit of the proposed to be considered for citizenship, in the Supreme Court of India. The views fact that there is now a Karnataka model of achieving a larism has been declared to be a in the neighbourhood is the con­ amendment, even though she may while a Hindu from Bangladesh, expressed are personal majority by engineering an adequate number of by­ elections through highly questionable means.