Following the nationwide implementation of the Citizenship Amendment Act (CAA), heated discussions have resumed. The plight of ‘persecuted’ non-Muslim minorities from three Muslim-majority nations has reached the apex court. While labeled as 'discriminatory', Senior Advocate Harish Salve has presented critical arguments in defense of the CAA.
Addressing the criticisms of the Citizenship Act, Salve states, "It is unreasonable to expect Indian citizenship to be granted to all 'persecuted' individuals across the globe. Those being naturalized share Indian ethnicity and face religious discrimination."
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'Britain Losing Its Prestige'
Discussing the alleged infringement of the Right to Equality under Article 14 brought forth by the CAA, Salve references Britain's dilemma with refugees, stating the UK's immigration system is faltering. "Britain is losing its stature. Living in London, I witness a deteriorating city... When I land in Delhi, I feel I’ve moved from a developing nation to a developed one. That's the stark difference," Salve observes, commenting on the inadequacy of resources in places like London compared to Delhi.
Does the CAA Affect India’s Secularism?
As a secular nation, India faces contentions claiming that the CAA undermines its secularism. On this, Salve remarks, "India doesn’t have the resources to help everyone around the globe. The moment we consider a Uniform Civil Code, you assert that not everyone can be treated equally, yet the reverse is argued when discussing the Citizenship Law."
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Salve indicates that India cannot become the 'big brother' mediating interreligious conflicts in Pakistan, nor can India open its borders to all distressed globally. "These individuals are our own kin," he adds regarding the communities from Pakistan, Afghanistan, and Bangladesh being granted citizenship.
Why Only Pakistan, Bangladesh, and Afghanistan?
Salve elaborates on the provisions within the CAA allowing 'persecuted' individuals from three Muslim-majority countries to obtain citizenship. He shares a personal anecdote, "My wife is an Afghan Muslim... The norm was to learn about family, community, country, and then religion. However, with the Taliban in power, priorities have shifted," he reflects.
Why Citizenship Only for Those Arriving Before December 2014?
Regarding the CAA's proposed cutoff date of December 2014, Salve reasons that a specific deadline is required to serve those who came to India before this date.
How Does Indian Law Compare to Britain’s?
Clarifying India's stance, Salve highlights, "India is not opening its borders. We are not inviting migration. These are people who have already fled but have not been granted citizenship."
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Referencing a law in Assam, revoked by the courts, Salve discloses discrimination at the Bangladesh border. "A Muslim crossing into Assam faced no repercussions, but an Indian venturing into Bengal by just two kilometers would be expelled... Was this considered acceptable because it was executed under a 'secular government'?" he questions.
The Matter of Challenging the CAA in the Supreme Court!
In the case against the CAA in the Supreme Court, Salve queries, "What's to be gained by halting the law? Will the Court impose a complete suspension? Let those few who benefit retain it. The petitioners argue for more inclusivity, not exclusion. What is the urgency? Are people dying on the border? Since we have a cutoff date, no one's being expelled."
