The Indian Union Muslim League (IUML) on Thursday moved the Supreme Courtroom against theCitizenship (Modification) Billof 2019 aworking day immediately after it was handed by the Rajya Sabha, expressing the law violated the basic and elementary worth of the Indian Constitution that “all should really be taken care of similarly alike” and need to be struck down as unconstitutional.
The IUML is the initial off the block even as extra Opposition parties are envisioned to shift the Supreme Court versus the Bill, which ostensibly bestows the profit of Indian citizenship by naturalisation to illegal immigrants from Afghanistan, Pakistan and Bangladesh who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians, apart from Muslims.
The petition said the Invoice flagrantly “discriminates” against religiously persecuted Muslim immigrants from Afghanistan, Pakistan and Bangladesh.
“Article fourteen of the Indian Constitution envisages that ‘all must be handled similarly alike’, wherein it indicates that the legislation should really give equivalent therapy for all … If the item of the Citizenship Amendment Act 2019 is to safeguard the ‘minorities who faced religious persecution in Afghanistan, Pakistan and Bangladesh’, then the Ahmaddiyya and Shia sect amongst these international locations are entitled to equal cure for the profit of the law. It is very well-documented that the sect discrimination within just religion exists in Pakistan and Afghanistan. For that reason, the extension of benefit of the Act to the religious minority these kinds of as Hindus, Sikhs, Buddhists, Jains, Parsis and Christians, but denying the exact to Ahmaddiyya and Shia sect in these nations is unable to fulfill the aim sought to be reached, which is protection of minorities dealing with spiritual persecution in Afghanistan, Pakistan and Bangladesh,” the petition, submitted by advocates Haris Beeran and Pallavi Pratap, said.
The petitioners clarified that they are aggrieved by granting of citizenship to a person section of unlawful immigrants by building an exclusion on the basis of religion. “Illegal migrants are class by itself and hence any law which is relevant to them ought to be irrespective of any religion, caste or nationality basis,” they claimed.
The petitioners include distinguished IUML leaders and MPs this sort of as P.K. Kunhalikutty, E.T. Mohammed Basheer, Abdul Wahab, K. Navas Kani
They have sought that the Supreme Court docket strike down theCitizenship (Amendment) Bill, 2019 for violation of the essential appropriate to equality beneath Post fourteen.
“The Preamble of our Structure envisages that India is a secular place and hence every law which is passed by the Parliament has to be religion neutral. No law can be handed by the Parliament if the basis of this kind of a legislation is faith. That strikes at the root of the notion of secularism which is the standard framework of the Structure. The existing Amendment Act excludes a certain group/ faith… This is not only unreasonable but against the principles enunciated beneath Short article fourteen of the Constitution,” the petition mentioned.
The petition said the regulation sought to segregate people on the foundation of their religion and grant them the gain of naturalisation.
“This spiritual segregation, without having any sensible differentiation, not only violates Report 14, but is also blatantly opposed to the extremely Standard Composition of the Constitution and to the pretty plan of India as a region which treats individuals of all faiths equally. Not only does the Amendment Act outrightly discriminate on the basis of faith, it also legitimises the grant of citizenship on the basis of religion,” the petition explained.
The petition reported the citizenship law did not explanation as to why migrants from other neighbouring countries these types of as Sri Lanka, Bhutan (equally have Buddhism as their State religion), Nepal (Point out religion Hinduism) experienced not been integrated.
“Sri Lanka has had a history of persecution of Tamil minorities, a linguistic minority. In the same way, India shares approximately1,600-km-lengthy border with Myanmar (noticeably much more than the border India shares with Afghanistan), which has dominated the news for mostly a genocide and persecution of Rohingya Muslims. In excess of the many years, there have been studies of both of those Tamil minorities and Rohingya Muslims fleeing persecution from their respective countries and searching for refuge in India. Legislative intent does not match the legislation,” the petition mentioned.
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