CIHS – Centre for Integrated and Holistic Studies

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Securing Bharat the Right Way!

Smart borders management with several layers, underground optical fibre sensors, UAV surveillance to curb infiltration; Mission to deal with demographics, fence entire Bangladesh border. Vinod Kumar Shukla Nehru-Liaqat pact had provisions for Muslims migrating to East Pakistan (now Bangladesh) to return till December 31, 1950 if they wished to by offering them many norms that favoured them only. Dr Shyama Prasad Mukherjee resigned from Nehru government in protest. But this pampering combined with unabashed appeasement continued. Infiltrators, illegal Muslims and Rohigyas have never witnessed in West Bengal what they have experienced ever since BJP came to power. For West Bengal, It took too long to realise the dream of Dr Mukherjee as people were deceived by three fallacious arguments: First, if India behaves responsibly, majority in the neighbourhood would behave similarly; Second some concessions (privileges) to Muslims were necessary for confidence building and putting balm on their sores like retaining Muslim Personnel Law etc., especially by leaders like Jawahar Lal Nehru and pseudo-intellectuals who claim to be inheritors of his school of thought and Third that was subtle, unspoken but obvious that decision against Pakistan and Bangladesh even for protecting interest of Bharat may be seen as fretting Muslims impacting vote bank. Against this backdrop, their activities were overlooked which had its maximum bearing on infiltration from Bangladesh. Though it has got nothing to do with Indian Muslims rather impacting them adversely, people not only shied away from speaking against it but deny any such thing happening. Most of the border districts of Bharat along Bangladesh have been witnessing upsurge in Muslim population which is certainly not organic. Situation has gone so bad that infiltrators can be found everywhere in Bharat. On July 14, 2004, the then Minister of State for Home Sriprakash Jaiswal told Rajya Sabha that there were over 1.2 crores illegal Bangladeshis in Bharat. This was bound to create controversy, so numbers were withdrawn saying that they were ‘unreliable’. This was obviously done to save Muslim vote bank of the then Congress government.  The government changed in 2014 and in November 2016, the then Minister of State for Home Kiren Rijiju informed Upper House that there were approximately two crore infiltrators. The biggest worry is that these infiltrators are not only usurping resources, jobs but pose serious security threats to people and Bharat. The impact of demographic change is endorsed by census data. Between 1951 and 2011, Muslims grew by 4.4 percentage points to 14.2 per cent while Hindus declined by 4.3 points to 79.8 per ccnt. Hindus were 84.1 per cent and Muslims 9.8 per cent in 1951. Most frightening story is that the menace of border districts has now reached every nook and corner of Bharat from big cities to remote villages including reserve forests by encroaching government, forest, Railways, defence lands, river catchment areas and deserted historical monuments. It has made Hindus minority in nine states and Union Territories out of total 36; 200 out of 800 Tehsils and 1500 out of 6000 villages across the country. This was stated before Supreme Court through a public interest petition filed in 2020.  Military intervention and diplomatic support from Bharat led to carving out of Bangladesh as over one crore refugees were given shelter in Bharat. But, the bonhomie did not last and selfish intent was exposed sooner than later with relations deteriorating even in the mid-1970s due to military junta taking reins in Bangladesh with issues like border disputes, insurgency and infiltration and water-sharing cropping up. The reason however was radical Islamic organisations especially Jamaat e Islami whose umbilical cord is still in Pakistan continued with its hate mongering. Bharat tried to improve relations by signing 2015 Land Boundary Agreement (LBA) which resolved decades-old border disputes.  Both the countries agreed on Coordinated Border Management Plans (CBMP) in 2011 to curb infiltration, human trafficking, cattle smuggling and cross-border crime. But issues like equitable sharing of waters from 54 common rivers, border management and trade issues remained inconclusive. Bilateral trade reached $13.51 billion with Bharat extending Lines of Credit worth $8 billion for development of infrastructure, railways and ports.  Enhanced connectivity included cross-border rail links between Agartala–Akhaura and the use of Bangladeshi ports, Chittagong and Mongla for cargo of Bharat. Besides, Bangladesh has a huge dependency, 1160 MW electricity required to be fed from Bharat’s grid. Bharat helped East Pakistan to liberate itself from tyranny of Pakistan but the irony is that radicals are unwilling to recognize the historical facts leading to formation of mukti vahini and then the liberation. A statement issued by seven-party alliance on December 19, 1984 asserted that Bangladesh came into being through a bloody war waged by its valiant freedom fighters and people. The statement said that this heroic achievement was in no way the victory of the Armed forces of Bharat over erstwhile East Pakistan. RNP Singh, a former Intelligence Bureau officer in his book ‘Bangladesh Decoded’, writes, “It is a surprise that within such a short time people of Bangladesh were swayed away by anti-India campaign without pondering over the facts that India had come to rescue them when they were virtually being butchered…” Concessions given to Bangladesh and Pakistan appear to be mistake of the then government as infiltration and many other issues still persist. Field Marshal Sam Manekshaw’s observation on Shimla Agreement who had won the 1971 war for Bharat was, “Bhutto made monkey out of India.” Whether democratic governments under Awami League or BNP or Martial Law, minorities in Bangladesh were constantly persecuted, temples desecrated, women raped, men killed and families converted as organisations like Jamaat e Islami always cocked a snook at law. Probably to avenge 1971 humiliation, Z A Bhutto kept on trying to cause differences between Bharat and Bangladesh. Sheikh Mujibur Rahman was invited to attend heads of Muslim States conference at Lahore in Pakistan in 1974. For economic benefits, Awami League government started cultivating Middle-East countries. Jamaat leader Ghulam Azam prevailed upon the Awami League government to remove Constitutional obstacles imposed against

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Bharat Championing Global Humanitarian Leadership

Citizenship Amendment Act unequivocally embodies Bharat’s commitment to provide sanctuary to persecuted minorities from Afghanistan, Bangladesh and Pakistan Rahul Pawa In a historic move that ignited a firestorm of debate both within and internationally, Bharat’s Parliament took a decisive step on December 11, 2019 by passing Citizenship (Amendment) Act (CAA). This landmark legislation marked a momentous shift in the nation’s approach to citizenship, amending the Citizenship Act of 1955 to offer an expedited pathway to Bharat’s nationality for certain persecuted religious minorities originating from Afghanistan, Bangladesh, and Pakistan who had arrived in Bharat by the end of 2014. The Act specifically extends olive branch to Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians delineating a clear classification based on religious affiliation.  In alignment with Prime Minister Narendra Modi’s administration’s pledge to enact CAA prior to 2024 national elections, Ministry of Home Affairs delivered a crucial update on March 11, 2024 by notifying related rules. This announcement, which detailed regulatory framework supporting CAA represents a significant move towards making the Act operative. It also echos the government’s commitment in sync the manifesto and reflect the mandate given by people of Bharat. Critically, CAA represents first instance in current day Bharat’s legal history where religion has been explicitly utilised as a criterion for citizenship. This aspect of the law has spurred a plethora of opinions and interpretations sparking an intense discussion about its implications and underlying motivations. While critics argue it undermines Bharat’s constitution by excluding Muslims sparking accusations of discrimination, proponents view the CAA as a humanitarian gesture extended to protect and provide citizenship to persecuted religious minorities. In the heart of this historic decision to enact CAA, lies a complex mosaic of historical events, demographic and ideological shifts that shaped its creation. The genesis of CAA can be traced to tumultuous Partition of imperialist British-occupied Bharat in 1947. An era was marked by fallacious stance of Muslim League led by Muhammad Ali Jinnah that propagated the notion that Hindus and Muslims could not coexist. This was put to rest as millions of Muslims chose to remain in what became Bharat despite formation of East and West Pakistan exclusively for Muslims. The violent emergence of Bangladesh from Pakistan obliterated Jinnah’s claim that a singular Muslim state was the panacea for communal harmony and coexistence. Their path to a harmonious or rights respecting states has been fraught with challenges. The aspiration to uphold and foster Islamic tenets often translated into systemic and legislatively endorsed persecution of minorities—Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians—who found their historical roots in the erstwhile cultural landscape of Bharat. These communities have faced and continue to confront relentless religious persecution and systematic violence. Their ordeals have been marked by forced conversions, marriages, massacres, extreme violence against women and desecration and destruction of sacred sites and educational institutions. Despite1950 Liaquat–Nehru Pact and Bangladesh Constitution of 1972 espousing minority rights and secularism, the reality remains fraught with contradictions, particularly as these nations declared Islam as their state religion. This was also echoed in Afghanistan’s constitutional journey, from the 1931 endorsement of Hanafi Shariah to the 2004 Constitution that sought to balance Shia and Sunni Islam yet declared that no law could contradict Islamic tenets, laying the groundwork for state-endorsed discrimination against minorities. The Taliban years starkly exemplified this, as their strict interpretation of Sharia law further marginalised religious and ethnic minorities evidenced by the tragic destruction of the giant Buddha statues of Bamiyan, and extreme persecution leading to almost no Christians, Hindus, Jains, Buddhists or Skilhs in Afghanistan , underscoring a history of entrenched discrimination, intolerance and violence against minorities in Afghanistan. These historical nuances highlight the backdrop against which Bharat’s CAA was conceived and implemented, setting the stage for a law aimed at providing refuge to persecuted minorities from these countries, whose cultural footprints emanate from Bharat, positioning it as a beacon of human rights and humanitarian leadership in the region and beyond. The CAA, thus, is not merely a legislative act but a response to a historical legacy of division, persecution, violence and discrimination, offering a new path towards inclusivity and protection for those fleeing persecution. In the intricate mosaic of global legislation addressing the plight of persecuted minorities, Bharat’s CAA emerges with a distinct humanitarian ethos, paralleled yet contrasted by international counterparts. Notably, the United States’ Lautenberg Amendment, introduced in 1990, similarly targets religiously persecuted minorities, facilitating their resettlement from the Soviet Union and, following a 2004 extension, from Iran. Like the CAA, it identifies specific religious communities as historically persecuted, excluding Muslims from the Soviet Union and Iran, thereby hastening the path to citizenship for these selected groups. In stark contrast, the United Kingdom’s Nationality and Borders Act of 2022 embodies a markedly different approach, empowering the government to revoke citizenship without notification under Clause 9—a provision that has sparked controversy for its potential to disproportionately affect British Muslims, highlighting ethnic and religious divides. The case of Shamima Begum, often cited in debates, underscores the law’s focus on revocation rather than protection, raising ethical and human rights concerns. While the Lautenberg and Specter Amendments in the United States echo the CAA’s intent to shelter historically persecuted groups, the UK’s Nationality and Borders Act diverges, prioritising national security over humanitarian considerations. This juxtaposition illuminates the CAA’s unique position in the international legal landscape as a beacon of refuge, distinguishing Bharat’s legislative approach to addressing religious persecution without resorting to the revocation of citizenship To conclude, the CAA unequivocally embodies Bharat’s commitment to providing sanctuary to persecuted minorities, standing out as a beacon of humanitarian leadership on the global stage. It is crucial to reiterate that the CAA is not an act designed to revoke citizenship nor is it anti-Muslim or discriminatory in nature. Instead, it represents a unique and targeted legislative effort aimed at extending a hand of protection to those with historical and cultural ties to Bharat who have and continue to suffer from injustices in Afghanistan, Pakistan and Bangladesh. By enacting this legislation, Bharat

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Explainer: Citizenship Amendment Act (CAA)

The Citizenship (Amendment) Rules, 2024 have been released by the Ministry of Home Affairs (MHA) today. These guidelines will specify the steps and prerequisites needed for qualified individuals to apply for Indian citizenship in accordance with the terms of the 2019 Citizenship (Amendment) Act (CAA-2019). The religious minorities, viz., Christians, Sikhs, Buddhists, Jains, Parsis, and Hindus, from Afghanistan, Bangladesh, and Pakistan who arrived in India prior to December 31, 2014, because of persecution or were afraid of being persecuted on account of their faith, the CAA-2019 offers a route to Indian citizenship. The documentation, forms, and other requirements that must be met by anyone wishing to apply for citizenship under this act will be detailed in the regulations notified by the MHA. An important step towards operationalizing the CAA-2019 has been taken with the notification of the Citizenship (Amendment) Rules, 2024. This ensures efficiency and transparency in the process of granting citizenship to eligible applicants and clarifies the procedures. The CA Rules 2024 will provide clarification and direction to applicants and pertinent authorities engaged in the CAA-2019’s implementation.

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