Is CAA Really Discriminatory?

Is n’t CAA discriminatory? Why haven’t muslims been included in this ?. Is it therefore not against the basic principles of our constitution ?
Many critics of CAA raise this question, deliberately avoiding to answer as to why so many previous PMs and even Bapu himself spoke about providing succor to these beleaguered people, left behind in Pakistan.

If the primary reason for calling this discriminatory is to target Modi then there is no cure for that and I really express my inability to satisfy their urge for knowledge.

However for those who genuinely feel that it is unjust and biased against Muslims and have an open mind, then I can surely make an attempt to answer their query.

First and the foremost ; CAA has nothing to take away from any community. It is meant to grant citizenship to Hindus, Sikhs, Christians, Jains, Buddhists who are facing religious persecution in Pakistan/Bangladesh/Afghanistan. This religious persecution is not hogwash, it is a reality and Pakistani media is full of such reports and I need not have to explain How young Sikh and Hindu girls been abducted and converted into Islam. Now, if someone asks why Muslims not included in the Bill, Even Shia and Ahmediya muslims are facing similar persecution.

The answer to this question is as follows ;

India and Pakistan were one nation, before they were partitioned. By 1938-39, for most of the Muslim leaders, in or out of Muslim League, the idea of separation was strongly gaining ground. In 1940 Jinnah in his speech, during the annual Muslim league SESSION, attended by thousands of muslims from all over India had said:, Mussalmans are a nation according to any definition of a nationhood. We wish our people to develop to the fullest spiritual, cultural, economic, social and political life in a way that we think best and in consonance with our own ideals and according to the genius of our people”.

With the passage of this Resolution, the Muslims of the sub-continent changed their demand from “Separate Electorates” to a “Separate State.”

This gave impetus to the demand for a separate muslim nation which was already simmering amongst Muslims for many many years. Thereafter, the communal situation in India kept getting worse and in 1946 provincial elections, Muslim League which fought the elections on the agenda of Pakistan won almost 87% seats reserved for muslims. Pl refer to the table below.

The aforementioned table shows how STRONG were the sentiments amongst Muslims of undivided India for the creation of Pakistan and these elections laid the foundation for the creation of Pakistan as they strengthened the negotiating power of Jinnah. I am sure the readers would understand what was United Provinces and Central Provinces.

Consequently, millions of people got stuck on either side of the border. Many of them crossed over and many because of the mayhem remained stuck, fearing that if they move out of their villages they may get killed.

After a few years of Independence, when India became a secular state, Pakistan turned into a Islamic nation. When this was passed in their parliament, The Shias and Ahemdiyas also voted for an Islamic state. Chaudary Zafarullah Khan, the erstwhile foreign minister of Pakistan and one of the most important leaders of the Muslim League and a close ally of Jinnah – had drafted the Lahore Resolution of 1940, the document that paved the way for Pakistan’s creation. Such was Jinnah’s faith in Khan that he was asked to represent the party before the Radcliffe.

So when India right from its inception adopted a constitution granting rights to all its minorities and became a secular state, Pakistan did not and Ahmediyas and Shias assisted Pakistan to become an Islamic state.

So, how can then they now demand any favours from India. India is not morally bound to oblige them.

As time passed the Hindus, Sikhs and Christians and it is well documented and available in various media reports in Pakistan that minorities were being denied their rights. Their women are being abducted and converted into islam. A Pakistani judge reportedly even asked as to why so many young girls are being abducted and converted. This kind of a treatment is just unthinkable in India.

So, the Muslims who stayed put in India were lucky that despite majority of them having voted for Jinnah enjoyed full rights whereas, those Hindus, Sikhs and Christians left behind in Pakistan/Bangladesh were not so lucky. They despite having not voted for muslim league and not supported the creation of Pakistan have been facing religious persecution for last 70 years.

They wanted to be part of India, Gandhiji and other congress leaders, although taking the moral responsibility of what had happened to them Promised that whenever they decide to come back to India the Indian govt will make necessary provisions to take care of them, but they could not come as the Govts later, did not have the moral courage to accept them.

Hence, it became a moral duty of the Government to fulfill its promises made to its own people in 1947.

Now those who argue that Ahmediyas and Shias are also persecuted must realize that without their whole hearted support and their votes Pakistan could not have been created and could not have become a Islamic state. The persecution of these sects started much later when Pakistan allowed itself to become a theocratic state. How can one call these people as persecuted when they themselves supported the creation of a Theocratic Islamic state.

Now take the case of Rohingyas. Some claim that they migrated long back from Bangladesh to Myanmar and some claim that they are the orginal natives of a region called Arakan in Mynmar, also called as Rakhine province. Whatever may be their history, No one claims that they were ever Indians. So, how can Indian Govt lay down this condition that Million of Rohingyas will be given Indian citizenship particularly when there are intelligence reports indicating that many of these rohingyas are being recruited by LET AND other terror organizations. Will it not be fool hardy and stupid. Is there any such precedence in the world ?
As regards Tamil Hindus of Srilanka and Fiji, Their problems also can not be compared with those left behind in Pakistan/Bangladesh, as Fiji and Srilanka were never part of India.

Rather had CAA bill included these Hindus from Srilanka and Fiji also, I would have then surely called this Bill as discriminatory and biased against Muslims. It would have been then similar to what Israeli Govt did after its inception.

Lastly, when the CAA does not take away any fundamental rights of any community and is purely a measure to correct a Historical wrong done to Indians of undivided India, how can then it be called as discriminatory.

I am hopeful that this should help those who have genuine doubts about the CAA, As regards pathological Modi haters, nothing can be done. Leave them, the people of India will sort them out in the elections ; 2024.

DISCLAIMER : Views expressed above are the author’s own.

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