A recent oral observation by the chief justice of India, Surya Kant, has, quite correctly, prioritised scrutiny and validation when it comes to conferring citizenship rights to religious minorities who have fled Pakistan, Afghanistan and Bangladesh on the grounds of persecution. In a petition to the apex court, a non-governmental organisation had argued that Section 6B of the contentious Citizenship (Amendment) Act permits six religious communities — Muslims being the notable exception — fleeing discrimination to apply for a certificate of registration or naturalisation: applicants for naturalisation, the petition argued, should not be denied rights and privileges associated with citizenship. This should be the case, the argument added, because the CAA exempts these designated communities that entered India on or before December 31, 2014 from being labelled illegal immigrants. The apex court responded by stating that such rights and privileges pledged by the law can only be given to applicants if they can prove their claims of persecution.
The Supreme Court’s observation assumes considerable importance in light of recent developments. The spectre of illegal migration is a hotly-contested political subject in India and the world. Indeed, one of the reasons cited for the ongoing Special Intensive Revision of electoral rolls is to rid India’s list of electors of such forbidden presence. This makes it all the more important to ensure that Indian citizenship is not seen as given to claimants, including CAA applicants. Applications for citizenship on the part of persecuted immigrants from neighbouring nations must be treated on merit and citizenship granted upon following due process. The Bharatiya Janata Party in Bengal may be discomfited by this line of argument by the highest court. This is because Matuas, Hindus who fled Bangladesh on account of antagonism who are now a significant electoral constituency that has been enamoured of the saffron party in recent years, have been restless about their status. They are especially concerned about the outcome of the unfolding SIR. The BJP’s assurances about the CAA and citizenship to members of the community would be a subject of scrutiny in this respect. Any breach of promise could also have a deleterious impact on the party’s poll prospects. So the issue of citizenship for religious minorities promised by the CAA is likely to remain on the potboiler in the public and political discourses as the Bengal elections come nearer.