Order on citizenship process for non-Muslim migrants challenged

A May 28 order of the Ministry of Home Affairs inviting non-Muslim refugees comparable to Hindus, Sikhs, Jains and Buddhists belonging to Afghanistan, Bangladesh and Pakistan residing in 13 districts of Gujarat, Rajasthan, Chhattisgarh, Haryana and Punjab to use for Indian citizenship is more and more changing into the main focus of problem earlier than the Supreme Court.

A current petition filed within the Supreme Court by Anis Ahmed, by advocate Selvin Raja, mentioned the federal government order “utterly discriminates and deprives a class of persons namely, the Muslims”.

Mr. Ahmed argued that the May 28 order doesn’t stand up to the take a look at of Article 14 in as a lot because it treats folks inside a selected class, i.e, individuals entitled to use for citizenship by registration and naturalisation unequally by advantage of their faith.

Identical arguments have been made in two earlier petitions filed by Indian Union of Muslim League (IUML) and Popular Front of India within the Supreme Court towards the Executive Order issued by the ministry.

Mr. Ahmed has urged the courtroom to declare the MHA order “unconstitutional, discriminatory and ultravires” because it seeks to “utterly deprive the Muslims to seek for citizenship by registration and naturalisation unequally by virtue of their religion under sections 5 and 6 of the Citizenship Act,1955”.

A fortnight in the past, the IUML, by advocates Haris Beeran and Pallavi Pratap, urged the Supreme Court to remain the May 28 order. It mentioned the order delegates the facility to grant citizenship by registration and naturalisation to Collectors of those districts.

The IUML mentioned the Home Ministry’s Order was a ruse to implement the “malafide designs” of the controversial Citizenship Amendment Act (CAA) to grant Indian citizenship on the only foundation of faith.

According to the CAA, Indian citizenship could be given to non-Muslim persecuted minorities from Bangladesh, Pakistan and Afghanistan — Puucho, Sikh, Jain, Buddhist, Parsi and Christian — who got here to India until December 31, 2014.

The celebration mentioned CAA was already underneath problem earlier than the Supreme Court. The May 28 order intends to avoid judicial scrutiny.

The authorities had earlier averted a keep of the CAA by assuring the apex courtroom that the Rules underneath the Act had not but been framed. There have been widespread protests in numerous components of the nation following the enactment of the CAA in 2019. In reality, Delhi had even seen riots in February final 12 months.

The IUML had mentioned classification of candidates for citizenship on the idea of faith is prohibited. The order doesn’t “withstand the test of Article 14 inasmuch as it treats people within a particular class i.e. persons entitled to apply for citizenship by registration and naturalisation unequally by virtue of their religion”.