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MPHRC files petition with NHRC seeking review on CAA

Correspondent Shillong, Dec 18 | Publish Date: 12/18/2019 10:47:47 AM IST

The Meghalaya Peoples’ Human Rights Council (MPHRC) on Thursday filed a petition with the National Human Rights Commission (NHRC) urging it to undertake a review of the Citizenship Amendment Act 2019 (CAA).

In its petition, MPHRC Chairman Dino. D.G. Dympep argued that CAA is fundamentally violative of Article 14, 15 and 21 of the Indian Constitution and moreover, the Indian State doesn’t have any religion, nor does it can differentiate or discriminate on religion as enshrined in Articles 14 and 15 of the Constitution.

Urging the NHRC to undertake a review of the CAA by a team of independent renowned jurists in a time-bound manner, allowing submissions and comments by a diverse set of stakeholders, Dympep also urged the Commission to place its finding and recommendations before the people, Central government, Parliament and Supreme Court.

  “CAA is an onslaught on the basic fundamentals of the Indian Constitution. Indian State doesn’t have any religion, nor can it  differentiate or discriminate on religion as enshrined in Articles 14 and 15 of the Constitution,” he stated in the petition.

Moreover, he said the preamble of the Constitution makes it amply clear that there will be no discrimination for citizenship on the grounds of religion and the same was upheld by several judgements of the Supreme Court, most importantly in the Kesavananda Bharati vs State of Kerala.

Stating that by limiting scope of the amendments only to religious minorities from so-called Muslim- majority countries, the MPHRC said, “CAA disregards victims of persecution (in the region) based on religion and ethnicity (Tamils from Sri Lanka, Rohingyas from Myanmar; Baloch from Pakistan, and Hazara from Afghanistan, among others); and language and culture (Urdu-speaker from Bangladesh and Lhotshampas from Bhutan).”

“CAA privileges the persecution of the specified religious minority groups over other faith groups in similar circumstance. For example, Ahmadi and Shia Muslims fleeing religious persecution in Pakistan or Hazara (Shia) Muslims from Afghanistan, who are also persecuted.  As would Tibetans and Uighurs from China, suffering years of racial and religious persecution. Also, those persecuted because they profess no religion. Tasleema Nasir from Bangladesh or atheist bloggers from the country would be ineligible, too,” the Council said.

Further, the MPHRC said, “CAA also privileges the persecution in the three countries over that in other countries in the region. CAA privileges those already in the country, having entered India before December 31, 2014, against those that came after, or indeed those still in their home countries and who might want to make use of this scheme, as a route to asylum.” 


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