Scrap the Citizenship (Amendment) Bill, 2016, it is UnUnconstitutional, Illegal and Immoral: 70 People’s Organisations of Assam

Guest Post by 70 People’s Organizations of Assam 

( Photo Courtesy : AISA)

Protestors from various democratic organisations in Assam have began an indefinite dharna in Jantar Mantar from today 9 Dec. This includes KMSS and peasant leader Akhil Gogoi, AJYCP, Tai Ahom Satra Sontha, Asom Moran Sabha, All Asam Motok Sonmilon, All Asam Minority Students Union, and 70 other organizations of indigenous population of Assam, who are part of an umbrella platform against the Citizenship (Amendment) Bill 2016. This Bill seeks to change the very definition of a Citizen of the country and include a religious dimension to it as part of the RSS’s ideological project. The effects of this Bill can be seen in starkly in Assam – which has been to fuel ethnic and religious anxieties and conflict. Protests against it has also taken unprecedented forms in recent months with participation of millions of indigenous people, including Assam bandhs, and so on.

Find below the text of the Leaflet issued by them. Please forward and Join in the Solidarity.

The Citizenship (Amendment) Bill, 2016 which was introduced in the Lok Sabha on 15thJuly, 2016 [Bill No. 172 of 2016] has already caused deep anguish in the minds of the democratic India. A Joint Parliamentary Committee has also been constituted to examine this Bill. Despite wide-spread protests in Assam against the Bill, the BJP aggressively aims to pass the Bill in the coming Winter Session of the Parliament which will help to make their dream of the Hindurashtra a reality. 

*Why the Citizenship (Amendment) Bill, 2016 is unconstitutional, illegal, unethical and immoral?*

The Citizenship (Amendment) Bill, 2016 seeks to make fundamental alterations in the citizenship and immigration norms of India on the basis of religion. The Bill proposes to exclude ‘minority communities, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan’ – from the scope of the definition of being ‘illegal migrant’. The Bill further reduces the requirement of 11 years to acquire “citizenship by naturalization” to only six years of ordinary residence for such immigrants. The ‘Statement of objects and reasons’ of the Citizenship (Amendment) Bill, 2016 also makes it clear that the Bill intends to declare ‘illegal migrants’ as Indian citizens. Several Indian government notifications and orders have already enabled persons of these communities who had entered India till 31st December, 2014 to get shelter without valid documents. 

The Bill will change the philosophical premise on which Indian citizenship is granted. The principle on which Indian citizenship is granted is jus soli where citizenship of a person is determined by the place where a person is born. However,if the Bill passes, it will make a shift from jus soli to jus sanguinis, where a person acquires citizenship on the principle of blood, which our Constitution-makers consciously avoided. India’s Constitutional experts have opined that the Bill is unprecedented as never before has religion been specifically identified in the citizenship law as the ground for distinguishing between citizens and non-citizens. The ideas spelt out in the proposed Bill are against the ethos and spirit of the Indian Constitution. It will violate the spirit of the Preamble of the Indian Constitution and is also against the Articles 14, 15, 25 and 26 of the Indian Constitution. 

An extra-ordinary and widespread peoples’ movement has now swept across Assam and the entire North-East India against the Bill. We, the people of Assam feel that the Bill will change Assam’s political, economic and social fabric forever. The Bill will violate the clause 6 (A) of the Citizenship Act, 1955, a special provision for Assam, which is a non-obstante clause. If the Bill passes, it will make the Assam Accord null and void. It will be a violation of the national promise. The people of Assam are afraid that the Bill will open ways to creating further insecurity and pressures in a region already over-burdened with large-scale demographic changes due to illegal migration. It will create religious basis for it, and fuel fresh rounds of ethnic and religious conflict.

*We, an umbrella platform of 70 ‘Jatiya’ (national) organizations of Assam, are on a hunger strike for an indefinite period in Delhi from 9th December, 2018 demanding the immediate scrapping of the Citizenship (Amendment) Bill, 2016 for the sake of the Indian Constitution, and its moral, legal and ethical values, and to protect Assam and her inhabitants from another long spell of social and political strife.*

*The Government of India plans to pass the Bill in this Winter Session of the Parliament. We appeal all political parties, organizations and individuals of India to be united to oppose this unconstitutional Bill. We sincerely believe that you will extend your support to us, and oppose the Bill to save our Constitution and democracy.*