In a very bold and daring verdict, the Meghalaya High Court has made urged the Prime Minister of India, law minister and Parliament to bring a legislation to allow citizenship to Hindus, Jains, Sikhs Parsis, Christians, Khasis, Jaintias and Garos, who have come from Pakistan, Bangladesh and Afghanistan, without any question or documents.
The Court in its judgment has also stated that India should have been declared a Hindu country during the partition though it chose to remain a secular nation. The court which delivered verdict in a case pertaining to domicile certificate, has been authored by Justice SR Sen. The 37-page judgement by Justice SR Sen was given on Monday while disposing of a petition filed by Amon Rana, who was denied domicile certificate.
The judge in his statement said, Therefore, I request our beloved Prime Minister, Home Minister, Law Minister and Hon’ble Members of the Parliament to bring a law to allow the Hindus, Sikhs, Jains, Buddhist, Parsis, Christians, Khasis, Jaintias and Garos who have come from Pakistan, Bangladesh and Afghanistan to live in this country peacefully and with full dignity without making any cut off year and be given citizenship without any question or production of any documents. Similar principle should be taken to those who live in Pakistan, Bangladesh and Afghanistan. They may be allowed to come at any point of time to settle in India and Government may provide rehabilitation properly and declare them citizens of India.”
Sen was critical of the Boundary Commission appointed at the time of partition which drew an imaginary line to divide India into two.
“A burning example is that if we visit the border, it is difficult to understand which land falls within India (in Meghalaya) and which is in Bangladesh as somebody’s kitchen is in India and their bedroom is in Bangladesh,” he said.
Stating that it was “highly illogical, illegal and against the principle of natural justice”, the court said Hindus who entered India during partition are still considered foreigners. He also viewed the National Register of Citizens (NRC) exercise as “defective” as many foreigners became Indians and original Indians were left out.
Appealing to the Hindus of Assam to come together to find an amicable solution, Sen said, “Our culture, traditions and religions are the same. We should not hate each other just on the basis of language”.
The judge said his statement was in context was with Partition and said “I am of the view and that I will fail in my duty if I do not project the original India and its partition.”
He stated that we should not forget the original India before it was partitioned.
As we all know that India was one of the largest country in the world and there was no concept of Pakistan, Bangladesh and Afghanistan. They were in one country and was commanded by Hindu Kingdom but thereafter the Mughal came to India and captured the different parts of India and started ruling the country and at that point of time many conversion took place by force.
Thereafter, the English people entered India in the name of East India Company and started ruling over India and were torturing the Indians so ultimately the independence movement started and India got its independence in the year 1947 and India was divided into two countries; one was Pakistan and the other was India.
It is an undisputed fact that at the time of partition, lakhs and lakhs of Sikhs and Hindus were killed, tortured and raped and forced them to leave their forefather’s property and compelled them to enter India to save their lives and dignity.”
Justice Sen said that Pakistan without hesitation declared themselves as Islamic country but India did not declare itself as a Hindu country though it was divided on the basis of religion.
“Pakistan declared themselves as an Islamic country and India since was divided on the basis of religion should have also been declared as a Hindu country but it remained as a secular country.”
The Court clarified that it is not against Muslim brothers and sisters who are residing in India for generations and abiding Indian laws and they should also be allowed to live peacefully.
However, I am not against my Muslim brothers and sisters who are residing in India for generations and abiding Indian laws, they should also be allowed to live peacefully
However, the government should make “a uniform law” for all Indian citizens and anybody opposing Indian laws and Constitution cannot be considered as Indian citizens.
“I also request the Government that a uniform law should be made for all Indian citizens and they are bound to abide the law of the country and constitution. Anybody opposing the Indian laws and constitution, they cannot be considered as citizens of the country. We must remember that first, we are Indians, then good human beings and thereafter comes the community we belong.”
This statement from court has indeed set the right tone as India has always hesitated to call itself as Hindu nation just to appease minority for vote banks. The verdict has definitely shaken the pseudo secular lobby which never expected anyone to raise the genuine issue.