Today 4th April, New Plea Emphasizes CAA Regulations for Minority Rights in Pakistan, Afghanistan & Bangladesh. Advocate Upadhyay argued that petitions contesting the constitutional validity of the Citizenship Amendment Act 2019 politically driven and do not violate the fundamental rights of any minorities.
New Delhi: Today A recent petition filed in the Supreme Court emphasizes that the 2019 Citizenship (Amendment) Act (CAA) and its subsequent regulations aim to protect the fundamental rights of persecuted non-Muslim minorities from Pakistan, Afghanistan, and Bangladesh.
The Supreme Court, led by Chief Justice D Y Chandrachud, declined to pause the enforcement of the Rules accompanying the CAA on March 19. However, the court requested the Centre to address applications seeking suspension of the Citizenship (Amendment) Rules, 2024 until the constitutional challenges against the CAA resolved. Additionally, attorney Ashwini Upadhyay submitted an application to join the ongoing legal proceedings concerning the CAA and its regulations.
Advocate Ashwini Kumar Upadhyay submitted a plea to the Supreme Court requesting the rejection of a petition filed by the Indian Union Muslim League (IUML), challenging the Citizenship (Amendment) Act, 2019 (CAA).
In his plea, Upadhyay, a member of the Bharatiya Janata Party (BJP), asserted that the legal challenges against the constitutionality of the CAA politically motivated. He firmly maintained that the CAA does not violate any fundamental rights as outlined in the Constitution.
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In his plea, Upadhyay stated,
“The Applicant submits respectfully that the writ petitions (of IUML and others) contesting the constitutional validity of the Citizenship Amendment Act 2019 are politically driven, and no fundamental rights of theirs are infringed by the Act. Therefore, PILs are not maintainable under Article 32 and should be dismissed to conserve the valuable time of the Court.”
It stated that,
“Since the implementation of the CAA, demonstrators attempted to intimidate the nation by resorting to actions such as burning trains and buses, hurling stones, and assaulting police. The social media propaganda machinery has been orchestrating efforts to depict a nation engulfed in chaos.”
However, it asserted that the reality entirely different.
It also stated that, the source of frustration arises from the fact that only a small measure of justice provided to minorities from Afghanistan, Pakistan, and Bangladesh. This can only be described as “protests of entitlement” and certainly does not fall under the guarantee of Article 19 (freedom of speech and expression) of the Constitution.
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It asserted “No religious discrimination” in the law, which solely ensures the fulfillment of the commitment made to persecuted non-Muslim minorities during the partition.
It remarked,
“It stated that Article 2 of the Constitution of Afghanistan declares Islam as the country’s religion. Similar provisions exist in the Constitutions of Pakistan and Bangladesh as well,”
It stated that the CAA does not infringe upon any rights of Indian Muslims, contrary to the propagated misinformation.
It emphasized,
“The grounds of religious persecution of Muslims are out of the question, as all three countries have Muslim majorities. The Act will only deliver justice to those who have been awaiting it for 70 years. It does not target anyone and will not perpetrate injustice,”
It expressed that India cannot open its borders to everyone, and it is the government’s responsibility to safeguard its borders, prevent intrusions, and differentiate between refugees and intruders.
The Supreme Court is set to hear petitions against the CAA and its related rules on April 9.
On March 11, the government cleared the way for implementing the Citizenship (Amendment) Act, 2019, by notifying the relevant rules, four years after Parliament passed the controversial law. This law aims to expedite Indian citizenship for undocumented non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan who arrived in India before December 31, 2014.
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The Modi government unveiled these rules on March 11, just days before announcing the Lok Sabha elections, initiating the process of granting Indian citizenship to persecuted non-Muslim migrants including Hindus, Sikhs, Jains, Buddhists, Parsis, and Christians from these countries.
According to a gazette notification, the rules came into effect immediately upon unveiling.
The law, which sparked protests across the country in late 2019 and early 2020 due to alleged discriminatory provisions, not stayed by the Supreme Court. On December 18, 2019, the apex court issued notices to the Centre regarding petitions challenging the validity of the CAA.
In addressing concerns about the constitutional validity of the Amendment, Upadhyay offered explanations to dispel misunderstandings and reaffirm its legality, emphasizing the authority bestowed upon Parliament by the constitution. Concluding his plea, Advocate Upadhyay urged the Supreme Court to dismiss these petitions, highlighting the overarching importance of public interest.