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A petition has been filed in the Supreme Court inorder to challenge the provisions which regularise the entry and stay in India, of people belonging to the six communities who have been victims of religious persecution.NagarikatwaAainSongsudhanBirodhi Mancha (Forum Against Citizenship Act Amendment Bill), challenges the Passport (Entry into India) Amendment Rules, 2015; The Foreigners (Amendment) Order, 2015 and SO 4132 SO 4132 dated 23/12/2016 issued by the Ministry of Home Affairs.
It is important to note that the people belonging to minority communities in Bangladesh and Pakistan, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians, who were compelled to seek shelter in India due to religious prosecution have been exempted from the requirement of Passport under Passport (Entry into India) Amendment Rules 2015, for entering India. The Foreigners (Amendment) Order,2015 also has same provisions as that of the Passport Rules.
The power has been bestowed upon Central government for registration as a citizen of India under Section 5 or as mentioned uder the provision of section 6 for grant of certificate of naturalization of the Citizenship Act, 1955, in respect Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, now residing in the States of Chhattisgarh, Gujarat, Madhya Pradesh, Maharashtra, Rajasthan and Uttar Pradesh and Union territory of Delhi. The petition also notifies to the fact that due to the sub-ordinate legislations the phrase “illegal migrant” has got several dimensions and its meaning has been diluted.
The petition caters to the fact that by ascribing two polar notions of differences between citizens and non-citizens leads to the infringement of the communal and humanitarian rights which is against the essence of secularism.
“The illegal immigrants who are to be granted the benefit of this legislation are to qualify for citizenship only on the basis of religion; a requirement that goes against one of the basic tenets of the Indian Constitution, secularism,” it elucidiates that-
The impugned laws violate the fundamental right of the petitioners under Article 14, which is Right to Equality and there is infringement of the Right to life and personal liberty under Article 21 of the constitution. It is believed that Assam has witnessed the presence of, millions of illegal immigrants which has affected the language, script and culture which is itself violation of Fundamental rights Under Aricles 25 and 29 of the Constitution. ‘External aggression’ is caused in Assam due to illegal immigrants and it is mentioned that the Union is bound to protect State from external aggression.
There is demand for striking down of the impugned provisions, constitution of a National Immigration Commission for the formation of a National Immigration Policy and Refugee Policy.
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