Daily Times

India has been the cradle of religious pluralism for centuries. India is among a few countries, which had openly embraced Jews, Bohra Muslims, Parsis, Syrian Christians and people of other denominations, who had sought sanctuary against religious persecution in their countries.

The people who came from diverse religious backgrounds not only assimilated in the Indian ethos but also immensely contributed to India’s rich tapestry of culture, art, language, business and cuisine.

Sadly, over the last few decades, we have been seeing assaults at the very heart of India’s secular credentials. The tragedy is these forces seem to be targeting the minorities with the overt and covert support of the ruling dispensation, as they constitute an important vote bank for winning elections.

In 1992, few misguided forces demolished the Babri Masjid in Ajodhya, the birthplace of India’s revered God Lord Rama. A temple had indeed existed at the very spot where a mosque was built during the reign of Emperor Babur. What was more worrying than the despicable act was the complicity of the government in not preventing the act, although it had intelligence about the likely destruction of the mosque.

There is well-documented evidence wherein many Islamic invaders and few Moghul kings destroyed Hindu temples and built mosques in the place. There is much talk about Moghul emperor Aurangzeb, a cruel despot, who not only killed people belonging to other faiths but was also responsible for destroying over 4,000 Hindu temples.

The moot question is can we undo all the historical injustices meted out to the Hindus?

The Modi-led Bhartiya Janata Party (BJP), which got an unprecedented mandate in both 2014 and 2019 general elections, has taken a series of missteps, which has caused damage to India’s secular credentials at the global arena. First, the government abrogated Article 370 of the Constitution, which gave a special status to the Indian state of Jammu and Kashmir, without proper consultation from the stakeholders. A total clampdown on the internet and other communication channels has pushed the people on the edge. Further, the incarceration of leaders, including many pro-India leaders, has created a political vacuum in the state.

Never in the history of India, it has received such adverse publicity in the international media. The ill-conceived decisions have even prompted the UN and other countries to express their concerns and misgivings on the abrogation of Article 370 and the Citizenship Act.

Before the fire could be doused on the abrogation of Article 370 in the Indian state of Jammu and Kashmir, the Indian government came out with the Citizenship (Amendment) Act. The Act proposes granting citizenship to Hindus, Sikhs, Janis, Buddhists and Christians, who emigrated from Pakistan, Bangladesh and Afghanistan to escape religious persecution there. However, by deliberately leaving out the Muslims, the Act has been viewed as an anti-Muslim law.

By deliberately leaving out the Muslims, the Act has been viewed as an anti-Muslim law

The Act has led to widespread protests throughout the length and breadth of India, especially by the students. Hundreds and thousands of Bangladeshi Hindus and Muslims indeed entered India for various reasons. Where the Hindus had sought refuge as they were persecuted in that country, the Muslims entered before the liberation of Bangladesh. There is apprehension that while the Act may legitimise all Hindu immigrants, but will exclude the Muslims.

The Bangladesh government has asked India to submit evidence of such illegal Bangladeshis so that they can arrange for their repatriation to Bangladesh. As none of these refugees has any documents to prove they had come from Bangladesh, it would be virtually impossible to send them back.

The opposition leaders are now questioning the government’s rationale for excluding the persecuted Rohingya Muslims in neighbouring Myanmar. Similarly, questions are being raised as to why the 60,000 Sri Lankan Tamils, Christians and Muslims, who had fled from Sri Lanka, during the government-sponsored pogrom against the Tamil Hindus, Christians and Muslims of Indian origin were left out.

Moreover, the eminent lawyers feel that as the Act violates the provisions of Article 14 and 15 of the Indian Constitution, which quarantines equality and also offer equal protection, it will not meet the legal scrutiny. If such a thing happens, it will be a slap on the government’s face. Article 15 of the Indian constitution states, “the state shall not discriminate against any citizen on grounds of religion, race, caste, sex, place of birth or any of them.”

The CAA has led to widespread protests and over 20 people have lost their lives. It is also true that many miscreants had hijacked the peaceful protests in indulging in large scale vandalism which has led to the destruction of property.

The North-Eastern states of India, especially Assam, which is one of India’s most multi-ethnic states, is facing another form of protests. It is unhappy that the CAA would legalise all illegal Bangladeshi Hindu immigrants, who had entered India. The locals fear that the illegal migrants will become a burden, not only on their resources but are also likely to pose a threat to their culture, tradition and language. There is already angst in Assam that these immigrants have taken away jobs from them.

In 1971, there was a riot in Assam after they saw an unusual rise in voters, mainly due to the influx of illegal Bangladeshi immigrants. Over 800 people lost their lives in the agitation, which lasted for over a decade. It ended only when the Government of India signed the “Assam Accord” in 1985 which put the date of detection and deportation of foreigners as March 25, 1971.

It seems that the Act will not serve the intended purpose. The Muslims feel that the Act has been rushed through only to accommodate hundreds and thousands of undocumented Hindus, who had had illegally entered India after the cut-off date of 1971 and whose names did not figure in the National Register of Citizens. This would lead the Muslims who had entered after 1971 being declared as illegal immigrants. The prospect of being deported has led to Muslims staging protests, The NRC, unlike the CAB, did not declare any person as illegal immigrant solely based on his religion.

The real challenge now before the government is how to contain the fallout. The government also realises that would not succeed in deporting the illegal Muslim immigrants to Bangladesh, as they will not be taken back. The Bangladesh government has already conveyed its displeasure by cancelling two of its ministers to India. They have also reacted by asking the Indian Government to send the list of illegal immigrants so that they could be repatriated. It is impossible to furnish any proof of these undocumented migrants.

The Modi government should immediately take face-saving measures by including persecuted Muslims in Myanmar in the Act. Moreover, the government should consider giving citizenship to all illegal immigrants, especially from Bangladesh and Myanmar, who had illegally entered the country before March 2014, as in no way, they can be deported.

At a time, when India is lobbying to be co-opted as a permanent member of the UN Security Council, these ill-conceived moves may adversely affect India’s chances. One hopes that better sense prevails and the Modi government rolls back the CAA through an Act in the parliament and also take steps to normalise the situation in J&K by withdrawing all forms of communication clampdown and releasing all political leaders. This will go a long way in preserving India’s rich civilizational heritage.

The writer is an independent columnist and commentator