CAA: A Civilizational Duty of India
The partition in 1947 was on religious lines, wherein a part of the country Pakistan (and Bangladesh) were carved out to create a Muslim state which was eventually to be run as per Sharia or Islamic Law. The state of India chose to remain without any state religion.
For non-muslims living in newly created Pakistan, it was a big jolt as they had to accept the rule of a zealous Muslim majority. They were given the option of migrating to India but many of them stayed put as they were assured by the Pakistan leadership that the rights of non-muslim minorities would be protected. Also, the prospect of abruptly leaving everything — their ancestral homes, businesses, and social structures one fine day was daunting for many. Add to it the horrific issue of travel from Pakistan to India which not only was physically intimidating, there was a lurking danger of attacks by the fanatic mob over the journey.
Post partition, there started significant persecution of minorities in Pakistan despite government assurances. Pakistani government failed miserably in protecting non-muslim minorities to such an extent that Gandhi Ji said that if my Hindu or Sikh brethren wanted to come to India, they should be taken care of — not just with citizenship but also livelihood. Congress working committee at the same time passed a resolution that spoke about protecting non-muslim minorities by getting them to India who overnight suddenly became aliens in their own country. This sentiment was echoed by many leaders during the partition irrespective of party lines including Pt Jawahar Lal Nehru.
It is important to note that the retaliatory persecution of Muslims was happening in India as well. Extremely unfortunate and a blot in the history of India. Both the governments realized this issue and signed a pact called Nehru Liaquat Pact in 1950. Some snippets from the pact
“The Governments of India and Pakistan solemnly agree that each shall ensure, to the minorities throughout its territory, complete equality of citizenship, irrespective of religion, a full sense of security in respect of life, culture, property and personal honor, freedom of movement within each country and freedom of occupation, speech and worship, subject to law and morality,” the text of the Pact begins.
“Members of the minorities shall have equal opportunity with members of the majority community to participate in the public life of their country, to hold political or another office, and to serve in their country’s civil and armed forces. Both Governments declare these rights to be fundamental and undertake to enforce them effectively,” it said.
It noted that “The Prime Minister of India has drawn attention to the fact that these rights are guaranteed to all minorities in India by its Constitution”, and that “The Prime Minister of Pakistan has pointed out that similar provision exists in the Objectives Resolution adopted by the Constituent Assembly of Pakistan”.
Over a period of time, the Indian state lived up to its commitment to protecting the minorities whereas Pakistan failed miserably in this regard. The non-muslims who stayed back in Pakistan continued to get persecuted. Different Indian outfits have been raising this issue ever since. We know that from a double-digit percentage population at the time of partition, Non-Muslims in both Bangladesh and Pakistan have now been reduced to an abysmally low single-digit percentage population. The decline in population is conclusive evidence of persecution as the population declines with many getting forcibly converted or being forced to migrate. On the other hand, Indian Muslims have grown by more than 6 times since the partition, which is faster than the growth of non-muslims.
Since the partition, non-muslims, refugees have been coming to India from Pakistan and Bangladesh and to a lesser extent from Afganistan as well. Many of them continue to stay in refugee camps awaiting citizenship and respectable life from successive governments.
In 2003, speaking in Rajya Sabha, Dr. Manmohan Singh, then Leader of Opposition, asked for a liberal approach to granting citizenship to minorities, who are facing persecution, in neighboring countries such as Bangladesh and Pakistan. Few other political leaders have been echoing similar sentiments.
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CAA was required to make good the promise made by India to its citizens who for no fault of theirs, suddenly woke up in a hostile foreign country in 1947. It is unfortunate that BJP took so many years to bring CAA and even there they put a condition that CAA is applicable only to those who have come on or before Dec 31, 2014.
People talk about the intention of the act there are other sects like Ahmadiyas who are being persecuted in Pakistan and they should also be allowed. In my opinion, the case for them is very weak on grounds as we as a country have limited resources, so can’t give refugee to everyone. For non-muslims as I explained the promise was made by India since partition so it had to be fulfilled. Secondly, we also have to consider the security threat that Ahmadiyas maybe for India. Further, Ahmadiyas do not even want to come to India, and at the same time, there is provision for anyone to become an Indian Citizen through a regular process. CAA is another way to grant citizenship to a certain set of specified people, it doesn’t take citizenship away in any way.
The plight of Non-Muslims in Pakistan who were Indians before the partition in state-run by Sharia Law is dismal. The abduction of young girls, forced conversion is a norm for Non-Muslim minorities. Even though there are safeguards in the constitution, however due to the overlay of Sharia laws it is difficult to protect the rights of minorities.
The Sharia as we know is based on Quran and Hadeez. Let me quote a few from Quran and Hadeez here
“Men are overseers over women, by reason of that wherewith Allah hath made one of them excel over another, and by reason of that which they expend of their substance. Wherefore righteous women are obedient, and are watchers in husbands absence by the aid and protection of Allah. And those wives whose refractoriness ye fear, exhort them, and avoid them in beds, and beat them; but if they obey you, seek not a way against them; verily Allah is ever Lofty, Grand.” Quran 4:34
Narrated Abu Dhar: Allah’s Apostle said, “Someone came to me from my Lord and gave me the news (or good tidings) that if any of my followers dies worshipping none (in any way) along with Allah, he will enter Paradise.” I asked, “Even if he committed illegal sexual intercourse (adultery) and theft?” He replied, “Even if he committed illegal sexual intercourse (adultery) and theft.”Sahi Al Bhukari 2:23:329
Narrated Usama bin Zaid: The Prophet said, “After me I have not left any affliction [fitnah] more harmful to men than women.”Sahih Bukhari 7:62:33
Narrated Abu Bakra:During the battle of Al-Jamal, Allah benefited me with a Word (I heard from the Prophet). When the Prophet heard the news that the people of the Persia had made the daughter of Khosrau their Queen (ruler), he said, “Never will succeed such a nation as makes a woman their ruler.” Sahih Bukhari 9:88:219
It is important to quote the above to understand the status of women under Sharia law. For non-muslim (Kafir) women it’s even worse they can be subject to the worst of the treatment and will incur no wrath from the Quranic God.
Every country including India there are crimes against women, but in Islamic countries application of Sharia makes it worse, especially for non-muslim women.
Coming back to CAA, which in my view is the closure of a sad and travesty laden chapter of the partition of India. CAA can’t bring back lost time and lives for those hapless victims of the partition who suddenly became minorities in their land, but is at least a balm which hopefully over time will soothe their injury to some extent. It is a ray of light for their new generation.
