Supreme Court.Image source: Getty Images
The Supreme Court upheld the provisions of Section 6-A of the Citizenship Act. Jamiat Ulama-e-Hind described the court’s decision as a major success in the long constitutional battle. President Maulana Mahmood Asad Madani and President Jamiat Ulama Assam welcomed the decision. “Our fight for the victims is finally bearing fruit,” he said.
Jamiat said the Supreme Court took a historic decision declaring Section 6-A of the Citizenship Act, 1955 constitutional. A five-judge bench headed by the Chief Justice made the decision by a majority of 4 to 1. This will provide relief to lakhs of people of Assam. The sword of civil rights has hung over his head for decades.
The Supreme Court, while ruling on Jamiat’s writ petition, said the bill was in line with the Assam Accord. According to this, all persons residing in Assam before March 25, 1971, along with their family members and children, will be deemed to be citizens of India. A bench of Chief Justice DY Chandrachud, Justice Surya Kant, Justice Sundaresh and Justice Manoj Mishra ruled that 6-A is constitutional.
Chief Justice Chandrachud said in his judgment that the Assam Accord is a political solution to the illegal refugee problem and Article 6-A is a legal solution. The central government could have implemented the bill in other regions but did not because it was specifically for Assam. The Court held that the time limit of March 25, 1971 prescribed in Section 6-A was reasonable. After independence, the number of immigrants from East Pakistan to Assam was higher than from other parts of India.
Entire Assam is celebrating due to decision: Jamiat
Jamiat and its national unit Jamiat Ulama-e-Hind, under the leadership of Maulana Mahmood Asad Madani, have been hearing the case in the Supreme Court for 15 years. Following the decision, there was an atmosphere of celebration across Assam. Senior officials from the association welcomed the decision. Maulana Mahmood Asad Madani said that Jamiat has been fighting on various fronts for the poor and suffering people of Assam for the past 70 years. This decision would prove to be a milestone in the struggle of the people of Ulama Hind. Those who have lost hope of citizenship will breathe a sigh of relief.
Madani said that we are hearing 9 cases regarding Assam NRC in the Supreme Court. Earlier, in a major success, 48 ​​lakh women were recognized with Panchayat Link certificate. Even then, Jamiat stood before the Supreme Court on behalf of all the aggrieved sisters. All Muslim and non-Muslim women are included.
What is the problem with having people of different races in Assam?
Chief Justice K. Chandrachud said it was the government’s duty to protect states from external attacks. Interpreting the obligations under Article 355 of the Constitution as rights would give emergency powers to citizens and courts, which would be disastrous. The existence of different racial groups within a country does not constitute a violation of Article 29(1). Applicants must demonstrate that one people is unable to preserve its language and culture due to the presence of another people.
What is Section 6-A of the Citizenship Act, 1955?
Section 6-A of the Citizenship Act, 1955 provides that foreign refugees of Indian origin who came to India after January 1, 1966 and before March 25, 1971, are entitled to Indian citizenship. This section was added after the Assam Agreement of 1985. The agreement was reached between the Indian government and Assam movement leaders.
In fact, leaders of the Assam movement have demanded deportation of illegal refugees from Bangladesh to Assam. The last date included is March 25, 1971, the day on which Bangladesh’s freedom struggle ended.
