Hundreds of academics and scholars across India have issued a statement against the Citizenship Amendment Bill. The statement which has been signed by 774 eminent academics calls for the withdrawal of the Bill, particularly highlighting the "careful exclusion of Muslims from the ambit of the Bill" – a move which is against the pluralistic fabric of India.
The contentious Citizenship Amendment Bill was tabled in the Parliament on Monday, and aims to provide citizenship to non-Muslim refugees from Pakistan, Bangladesh and Afghanistan. Specifically, it outlines refugees belonging to six religions — Hindus, Sikhs, Buddhists, Jains, Parsis and Christians. The major opposition to the Bill has been that citizenship cannot be given on the basis of religion.
In this statement, the academics say, “The idea of India that emerged from the independence movement, and as enshrined in our constitution, is that of a country that aspires to treat people of all faiths equally. The use of religion as a criterion for citizenship in the proposed bill would mark a radical break with this history and would be inconsistent with the basic structure of the constitution. We fear, in particular, that the careful exclusion of Muslims from the ambit of the Bill will greatly strain the pluralistic fabric of the country.”
Echoing the same opposition that many parties such as the Congress and DMK, the academics point out that article 14 of the Constitution prohibits the State from denying “to any person equality before the law or the equal protection of the laws within the territory of India.”
“While it is the job of legal experts to determine whether this draft bill violates the letter of the constitution, it seems certain to us that it violates its spirit,” the statement says. “The stated intent of the Bill is to provide refuge to persecuted minorities from neighbouring countries. While we support this laudable objective, we find it deeply troubling that the Bill uses religion as a legal criterion for determining Indian citizenship,” it adds.
The scholars have demanded that for the immediate withdrawal of the Bill and for an appropriate legislation to replace it to address concerns of refugees and minorities in a non-discriminatory manner.
Among the 770 signatories are those from Tata Institute of Fundamental Research, Mumbai; JNU, IITs; IISER Pune; Harvard; BITS; Delhi University; NIMHANS Bengaluru; and University of Toronto, among others.