The judgement stated that Hindus, Sikhs, Jains, Buddhists, Christians, Parsis, Khasis, Jaintias and Garos are tortured even today in the three neighbouring countries and they have no place to go
Guwahati: The Meghalaya high court has urged the Prime Minister, Union law minister and the Parliament to bring a legislation to allow citizenship to Hindus, Sikhs, Jains, Buddhists, Parsis, Christians, Khasis, Jaintias and Garos, who have come from Pakistan, Bangladesh and Afghanistan, without any documents.
Justice SR Sen on Monday has given the 37-page judgement, while disposing of a petition filed by Amon Rana, who was denied domicile certificate.
The judgement stated that Hindus, Sikhs, Jains, Buddhists, Christians, Parsis, Khasis, Jaintias and Garos are tortured even today in the three neighbouring countries and they have no place to go.
The Citizenship (Amendment) Bill, 2016 seeks to make Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan to give Indian citizenship.
There was no mention of the Bill in the court order.
The Meghalaya High Court has directed the Centre’s Assistant Solicitor General, Meghalaya high court to hand over the copy of the judgment to the Prime Minister, Union home and law ministers for their perusal, and asked to provide necessary steps to bring a law to safeguard the interest of the communities.
They may be allowed to come at any point of time to settle in India and the government may provide rehabilitation properly and declare them to be citizens of India.
A similar principle is to be adopted for those who are Hindus and Sikhs of Indian origin and are presently residing abroad - to be able to come to India at any time they like and they may be considered automatically as Indian citizens.
The Court expects that the Union government will take a conscious decision to protect the innocent Hindus, Sikhs, Jains, Buddhist, Parsis, Christians, Khasis, Jaintias and Garos who have come from Pakistan, Bangladesh and Afghanistan and who are yet to come as well, as they have the same right to come to India as any other Indian citizen.
Though the Boundary Commission was appointed at the time of partition, it did not do any work and drew an imaginary line to divide India into two pieces.
A burning example is that if we visit the border, it is difficult to understand which land falls within India and which is in Bangladesh. It is as if somebody’s kitchen is in India and bedroom in Bangladesh. The Indo-Nepal treaty should also be taken into consideration.
“Therefore, I can simply say that the Hindus, Sikhs, Jains, Buddhist, Parsis, Christians, Khasis, Jaintias and Garos residing in India which ever date maybe, they have come to India are to be declared all as Indian citizens and those who will come in future also to be considered as Indian citizens.
However, I am not against my Muslim brothers and sisters who are residing in India for generations and abiding Indian laws, they should also be allowed to live peacefully. I also request the Government that a uniform law should be made for all Indian citizens and they are bound to abide the law of the country and constitution.
Anybody opposing the Indian laws and constitution, they cannot be considered as citizens of the country. We must remember that first, we are Indians, then good human beings and thereafter comes the community we belong. I hope and expect that Government of India will take a decision to save these deprived people as discussed above who have been forced to part with their land, properties etc with a human touch .
It has also been heard from the Members of the Bar that the detention camp at Assam where people are kept at the tag of foreigner were under handcuff and living in inhumane condition. India achieved independence through bloodshed and the worst sufferers were the Hindus and Sikhs who had to leave their forefather’s property, birth place with tear and fear and we will never forget that.
However, I will not be wrong to mention that when the Sikhs came, they got the rehabilitation from the Government but the same was not given to the Hindus. Therefore, it is not correct that Indian independence is by nonviolence, but it is through violence wherein the Hindus and Sikhs in terms of lakhs, sacrificed their life, property, land and livelihood.
The demarcation of the boundary between Pakistan and Hindustan as well as the Referendum is totally unfiltered and our political leaders were too much in a hurry to get the independence without considering the future generation and interest of the country, thus, creating all the problems today,” Justice SR Sen said.
Stating that it was ‘highly illogical, illegal and against the principle of natural justice’, the Meghalaya High Court said Hindus who entered India during partition are still considered foreigners.
The judgment has polarised public opinion both for and against it.
There r some persons in judiciary also who have courage to give vent to their feelings. Justice SR Sen of Meghalaya High Court has in a judgement said that India shud have long been Hindu Rashtra. I believe that division of Hindus in so many castes n creeds has prevented this.— Krishna Pandey (@Krishna07780510) December 12, 2018
This is BIG on SC and Delhi HC. Justice SR Sen... should be CJI— #GauravPradhan 🇮🇳 (@DrGPradhan) December 12, 2018
Breaking: Any Body Opposing Laws Not Indian Citizens, Have Faith That Modi Govt Would Not Allow India To Become Another Islamic Country: Meghalaya HC | Live Law https://t.co/CbJND9rXsG via @livelawindia
Stunned by almost every aspect of this High Court judgement. https://t.co/C3vzaWCGsZ— Shashi Tharoor (@ShashiTharoor) December 12, 2018
I sincerely urge Honble SC to take suo-motu cognizance of this not so Honble Justice and order investigation impromptu and till the report comes the justice should not be allocated any work? He is in clear violation of the oath and also of laid down rules. https://t.co/H5rydJLNny— Adv. Somnath Bharti (@attorneybharti) December 12, 2018
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Last Updated Dec 13, 2018, 10:02 AM IST