Follow Us on Twitter
Latest

CAA is necessary: Former Solicitor General Harish Salve

Our CorrespondentBy 705 Comments5 Mins Read

Former Solicitor General Harish Salve expressed his opinion in favour of the CAA.

In a leading Salve in an article in a leading national daily said the principle of equality would not result in taking away the power of making classification from the state.

“If a law deals equally with members of a defined class, it is not open to the charge of denial of equal protection on the ground that it has no application to other persons,” said Salve citing that CAA’s avowed objective is to enable conferment of Indian citizenship upon members of minority communities who hail from Afghanistan, Bangladesh, and Pakistan. He rubbished the criticism against CAA being anti-Muslim.

Salve said there is no law, rule or notification published — or even a draft circulated — that would suggest that the government has any intent, which is to send out Muslims from India.

“The Prime Minister has denied it. If any procedure put in place requires Muslims alone all over India to prove their citizenship in a manner more onerous than that applicable to any other community, such a procedure would be unconstitutional,” he added.

Salve insisted that classification on the basis of religion is not per se unconstitutional, as the Constitution confers special rights upon members of minority religious communities in India.

He said if the law was broader and allowed members of all religious communities from Pakistan, Bangladesh and Afghanistan to migrate into India, then there was no need for borders.
He added that the citizenship of a country is presently based on similar principles followed in almost all countries, which are governed through the rule of law.

Detailing on acquiring citizenship, he said it is by birth, descent, naturalization or when territories are acquired, and people are categorised illegal migrants after they enter a country without necessary permission, and then they are liable to face deportation.

He insisted that the Citizenship (Amendment) Bill 2016 was introduced in the Lok Sabha on July 19, 2016. After this, the Bill, for further scrutiny, was referred to a joint committee of both Houses of Parliament. This committee recommended the Bill in its report on January 4, 2019.

“The controversy over the Citizenship (Amendment) Act appears to simmer — and of late has led to communal riots. I have failed hopelessly to comprehend what the controversy is all about,” said Salve in the article.

Detailing on the procedure of deportation, Salve said that illegal migrants are deported under the Foreigners Act 1946 and the Citizenship Act 1955.

He added that according to the law of 1946 and 1955 Muslim migrants from Pakistan and Bangladesh can be deported, but if CAA was taken away, then Muslims from Bangladesh or from another country who have been identified as illegal migrants would be liable to be deported similar to illegal migrants who are Sikh, Buddhist or Christian.
Salve said it is difficult to accept the criticism of CAA as being discriminatory in nature, as it is a law which is designed to confer the benefit on an identified class of persons, and which identification is based on a rational criterion.

He reiterated that CAA is not discriminatory on the ground that the legislation could have created a wider class, arrived at by applying a broader criterion for identifying the class of those who would benefit by the legislation.

Citing the demographic consequences of the Bangladesh war in the northeast, which led to Assam Accord, Salve said this resulted in the enactment of the Illegal Migrants (Determination by Tribunals) Act, which further convoluted the process to identify and remove illegal migrants.

“This law was successfully challenged by those who claimed that it was a betrayal of the Assam Accord — the Supreme Court in Sonowal’s case, taking the government to task for its failure to identify and deport illegal migrants — it is in this case that the idea of a detention centre was mooted,” added Salve.
Detailing on National Register of Indian citizens, he added that rules were framed in 2003 after the process of enumeration, throughout the country in a house-to-house approach, where doubtful cases were selected for further inquiry. And these rules have existed since then, but have not been operationalized yet.
Salve emphasized that even the Supreme Court has repeatedly held that what is better for the country should be left with the government to determine which of many possible schemes is the best for the people of the country.

“Do we really need proof that minorities are persecuted in these Islamic republics? How can Parliament be faulted for coming to the conclusion that such minorities in the three named neighbours need to be protected?” questioned Salve.

He reiterated that even more tenuous argument is finding discrimination as the law does not extend to every citizen of every country (or some countries) who have suffered religious persecution.

Salve also added that special measures taken to address demographic distortions caused by the Bangladesh conflict in defined geographic areas could not become a template for the rest of the country.

Concluding the article, Salve said: “Polarisation between castes and religions is as old at least as the notion of modern India.

“I also find a growing polarisation between those who have enjoyed the perquisites of power over decades and between those who have replaced them.

Add to this mix the fact that certain ideologies which are but dust on the bookshelves of political history in the countries of their origin continue to be romanced by intellectuals, some of whom dominate civil society and civil discourse.”
Share.

Related Posts

View 705 Comments

705 Comments

  48. SamuelHak on

    India Pharm Global [url=https://indiapharmglobal.shop/#]indian pharmacy paypal[/url] India Pharm Global

    Reply
  278. DanielSanda on

    mi farmacia online [url=https://farmaciaasequible.shop/#]wegovy online[/url] comprar tadalafilo 20 mg

    Reply
  286. DanielSanda on

    mail order pharmacy viagra [url=http://rxfreemeds.com/#]RxFree Meds[/url] pharmacy drug store near me

    Reply
  293. DanielSanda on

    farmacia en espaГ±a [url=https://farmaciaasequible.shop/#]Farmacia Asequible[/url] paracetamol in spanje

    Reply
  297. DanielSanda on

    RxFree Meds [url=http://rxfreemeds.com/#]live pharmacy continuing education online[/url] viagra online pharmacy reviews

    Reply
  328. Chasetiemi on

    п»їlegitimate online pharmacies india [url=https://indomedsusa.shop/#]IndoMeds USA[/url] IndoMeds USA

    Reply
  346. Chasetiemi on

    indian pharmacy online [url=http://indomedsusa.com/#]Online medicine order[/url] indian pharmacy paypal

    Reply
  384. Rickyhiert on

    mascarillas ffp2 niГ±os farmacia online [url=https://clinicagaleno.shop/#]farmacia online francesa[/url] comprar diclofenaco 50 mg sin receta

    Reply
  389. Rickyhiert on

    ketoderm sans ordonnance [url=http://pharmadirecte.com/#]piracetam sans ordonnance[/url] cialis sans ordonnance 24h

    Reply
  397. ScottAmoke on

    gonorre test apotek [url=https://snabbapoteket.shop/#]beställa kondomer gratis[/url] värktabletter hund

    Reply
  403. ScottAmoke on

    a vitamin krem apotek [url=https://tryggmed.shop/#]bestille legemidler pГҐ nett[/url] apotek tannbleking

    Reply
  411. Davidrop on

    buy cialis from mexico [url=https://medimexicorx.shop/#]MediMexicoRx[/url] low cost mexico pharmacy online

    Reply
  413. Davidrop on

    top 10 online pharmacy in india [url=http://indiamedshub.com/#]IndiaMedsHub[/url] п»їlegitimate online pharmacies india

    Reply
  418. Davidrop on

    buying ambien online pharmacy [url=http://expresscarerx.org/#]erythromycin pharmacy online[/url] weight loss

    Reply
  422. Davidrop on

    MediMexicoRx [url=http://medimexicorx.com/#]isotretinoin from mexico[/url] prescription drugs mexico pharmacy

    Reply
  425. Davidrop on

    sildenafil mexico online [url=https://medimexicorx.com/#]best prices on finasteride in mexico[/url] online mexico pharmacy USA

    Reply
  430. Davidrop on

    MediMexicoRx [url=https://medimexicorx.com/#]buy meds from mexican pharmacy[/url] low cost mexico pharmacy online

    Reply
  434. Davidrop on

    trusted mexico pharmacy with US shipping [url=http://medimexicorx.com/#]finasteride mexico pharmacy[/url] MediMexicoRx

    Reply
  436. Burtoncow on

    purchase generic Zoloft online discreetly [url=https://zoloft.company/#]cheap Zoloft[/url] Zoloft Company

    Reply
  438. Burtoncow on

    purchase generic Accutane online discreetly [url=http://isotretinoinfromcanada.com/#]USA-safe Accutane sourcing[/url] isotretinoin online

    Reply
  442. Burtoncow on

    USA-safe Accutane sourcing [url=https://isotretinoinfromcanada.shop/#]USA-safe Accutane sourcing[/url] USA-safe Accutane sourcing

    Reply
  446. Burtoncow on

    Lexapro for depression online [url=https://lexapro.pro/#]buy cheap lexapro online[/url] Lexapro for depression online

    Reply
  449. Burtoncow on

    п»їpropecia [url=https://finasteridefromcanada.com/#]Finasteride From Canada[/url] Finasteride From Canada

    Reply
  455. Burtoncow on

    Propecia for hair loss online [url=https://finasteridefromcanada.shop/#]cheap Propecia Canada[/url] propecia cost

    Reply
  458. Burtoncow on

    buy Accutane online [url=https://isotretinoinfromcanada.shop/#]purchase generic Accutane online discreetly[/url] buy Accutane online

    Reply
  461. Burtoncow on

    Propecia for hair loss online [url=https://finasteridefromcanada.com/#]Finasteride From Canada[/url] generic Finasteride without prescription

    Reply
  467. Burtoncow on

    buy Cialis online cheap [url=https://tadalafilfromindia.com/#]cheap Cialis Canada[/url] Tadalafil From India

    Reply
  469. Burtoncow on

    generic Cialis from India [url=http://tadalafilfromindia.com/#]generic Cialis from India[/url] buy Cialis online cheap

    Reply
  472. Burtoncow on

    cheap Accutane [url=https://isotretinoinfromcanada.com/#]isotretinoin online[/url] isotretinoin online

    Reply
  476. Burtoncow on

    isotretinoin online [url=https://isotretinoinfromcanada.shop/#]buy Accutane online[/url] cheap Accutane

    Reply
  487. Burtoncow on

    purchase generic Accutane online discreetly [url=https://isotretinoinfromcanada.shop/#]isotretinoin online[/url] generic isotretinoin

    Reply
  496. JamesMut on

    clomid cost [url=http://clomidhubpharmacy.com/#]can you get clomid for sale[/url] how to get clomid without rx

    Reply
  500. JamesMut on

    safe Provigil online delivery service [url=https://wakemedsrx.com/#]where to buy Modafinil legally in the US[/url] WakeMeds RX

    Reply
  513. JamesMut on

    antibiotic treatment online no Rx [url=https://clearmedsdirect.com/#]amoxicillin 500mg capsules antibiotic[/url] low-cost antibiotics delivered in USA

    Reply
  519. JamesMut on

    can i order cheap clomid without a prescription [url=https://clomidhubpharmacy.com/#]how to get generic clomid online[/url] Clomid Hub

    Reply
  565. Harryref on

    ivermectin paste for ear mites in horses [url=http://ivercarepharmacy.com/#]IverCare Pharmacy[/url] ivermectin fleet farm

    Reply
  569. Harryref on

    safe online source for Tizanidine [url=https://relaxmedsusa.shop/#]prescription-free muscle relaxants[/url] Zanaflex medication fast delivery

    Reply
  576. Harryref on

    AsthmaFree Pharmacy [url=https://asthmafreepharmacy.shop/#]ventolin inhaler salbutamol[/url] AsthmaFree Pharmacy

    Reply
  585. Harryref on

    Tizanidine 2mg 4mg tablets for sale [url=https://relaxmedsusa.com/#]muscle relaxants online no Rx[/url] affordable Zanaflex online pharmacy

    Reply
  592. Harryref on

    drinking alcohol on semaglutide [url=https://glucosmartrx.com/#]empower pharmacy lawsuit semaglutide[/url] AsthmaFree Pharmacy

    Reply
  597. Harryref on

    AsthmaFree Pharmacy [url=https://asthmafreepharmacy.com/#]AsthmaFree Pharmacy[/url] ventolin inhaler non prescription

    Reply
  604. Harryref on

    muscle relaxants online no Rx [url=https://relaxmedsusa.com/#]Zanaflex medication fast delivery[/url] RelaxMeds USA

    Reply
  606. Harryref on

    ventolin prices in canada [url=http://asthmafreepharmacy.com/#]cost of ventolin in usa[/url] AsthmaFree Pharmacy

    Reply
  626. Larrydit on

    Kazino bonuslar? 2025 Az?rbaycan [url=https://pinwinaz.pro/#]Uduslar? tez c?xar Pinco il?[/url] Pinco casino mobil t?tbiq

    Reply
  647. Houstoncaupe on

    buy antibiotics from mexico [url=http://mexicanpharmacyhub.com/#]isotretinoin from mexico[/url] modafinil mexico online

    Reply
  652. Houstoncaupe on

    generic drugs mexican pharmacy [url=https://mexicanpharmacyhub.shop/#]Mexican Pharmacy Hub[/url] Mexican Pharmacy Hub

    Reply
  654. Houstoncaupe on

    MediDirect USA [url=http://medidirectusa.com/#]publix pharmacy free amoxicillin[/url] buy dapoxetine online pharmacy

    Reply
  685. Michaelnut on

    TrustedMeds Direct [url=https://trustedmedsdirect.com/#]can i buy amoxicillin online[/url] amoxicillin buy no prescription

    Reply

Leave A Reply