Friday 10 January 2020

A smart, just & fair #CAA

BACKGROUND TO CITIZEN AMENDMENT ACT

Illegal immigration is a reality that many nation states face. Invariably, either remnants of past (or present) wars or a result of mass persecution of minorities are the usual causes of human exodus from a place of their origin. Two major migrations in the recent recorded history of humankind stand apart - Partition of India and immigration of Jewish people to Israel. Both stand apart from all other events of mass human immigration owing to their organized, political nature. 


Partition of undivided India, was agreed to and organized by British with assistance from nascent Government machinery of toddling nation states of India and Pakistan. Pakistan was demanded by the Muslim political elite, which bought into the larger British geopolitical game of dividing the sub-continent on religious lines, such that much of the adolescence of the young nations is spent trumping each other. Simultaneously, ensuring that India with a socialist inclination is geographically kept apart from Soviet Union by embedding a propped up Islamic buffer state of Pakistan, which was quickly drawn into SEATO, CENTO and deluded into the belief of being a NATO-like ally of the Western Powers. Muslim commoners were completely unaware of the consequences of this partition, when they bought into the dream of a Muslim dominated theological State. While this act of British (fact of partition of India, not the bloody mode of its occurrence), at large, is criticized in India, calling it monstrous mistake Indian leaders let happen at their watch. I am unsure of the route history would have taken had we not been partitioned and shared a border with Soviet Union, as also a point where India, USSR and China would converge on the map. It should be remembered that both were communists, authoritarian with failed economic systems and both underwent bouts of troubles in their histories and crony capitalism after the fall of socialistic economic framework, governing their nations. Now supplement this with the fact that India’s leadership was in awe of USSR & highly inclined towards both USSR and China. We were hit and hurt by the latter (China) with whom we shared a border in 1962. Pakistan, in 70s, 80s lived and ruined itself from the fear of USSR running over it after having captured Afghanistan and raring to get its soldiers wash their boots in Indian Ocean (words of a Russian Politician Zhirinovski in 90s). Pakistan, has borne and digested a number of blows from the west and north acting as the buffer that it was created for at a humungous cost of hundreds of thousands of lives; moderating the impact that crossed borders of India into J&K and Punjab. And it continues to fulfill its role, at its cost & peril in the history of rise of India. I leave it to the readers to think about it. My view, as is apparent from aforementioned is not lopsided in unambiguous criticism of creation of Pakistan.
Undivided India was partitioned into West and East Pakistan as one Nation and India as the other, such that Pakistan was intended to be a country for the Muslims. The Feudal Muslim leadership felt a much better position for itself in a new ‘Muslim Nation’ rather than an undivided India. Indeed to achieve this end in pre-independent India, these feudal Muslims floated the concept that declared ‘Muslim minority cannot live under a non-Muslim majority’. 

It is undeniable that in those times there must have been immense draw towards a reactionary approach – to create a Hindu or non-Muslim India in reaction to a Muslim Pakistan. And truly speaking there were enough voices among our fore-fathers favoring such an approach, but the wisdom of few, amongst our leaders, superseded the lure of falling into a reactionary trap. India displayed prudence & decided to act in a non-reactionary fashion and though Pakistan was carved out of India on its western and eastern borders as a Muslim nation, India decided to remain a motherland for all those who embraced it, irrespective of the religion they subscribed to. Though India had not officially adopted Secularism (different from how French describe it) till 1976 (42nd Amendment), yet the spirit of Indian Constitution ab-initio was secular in nature.

Events preceding partition and the process of partition itself was one of the bloodiest events in world history with the highest time density of deaths (Highest number of deaths in the shortest duration of time). If that was not enough, 1971 saw another bloody exodus of Bangladeshis (both Hindus and Muslims) into India from then East Pakistan after the West Pakistani Army Generals (who, covertly or overtly, ruled Pakistan for the larger part of its independent history) unleased a genocide of the Bengalis (now 'Bangladeshis') there. Millions fled. India engaged in a short war with Pakistan, won and freed Bangladesh, winning it the status of an independent nation from a defeated Pakistan.

Some of the persecuted Bangladeshi immigrants, who fled across a porous border to India after a genocide was let loose by the Pakistan Army returned to their homeland, but a roaring majority of these few million immigrants stayed back in India as it provided better prospects for economic survival and these immigrants had very little to lose economically in Bangladesh, their country of origin. Thus most stayed back in India. In the meanwhile, India was overburdened & bled from the overflow of illegal immigrants with long spells of social unrest as the border states of North East India failed to assimilate a demography-perturbing number of Bangladeshi immigrants and continue till date to protest against residency of Bangladeshi immigrants - Hindu and Muslims alike.

It is in the backdrop of these demographic and political challenges concerning migrated population from Bangladesh that the Government of India in fulfillment of an Order of the Supreme Court of India, created a National Register of Citizens (NRC) only for the North-Eastern Indian State of Assam. Owing to a lack of tradition of documenting lineage, it was very cumbersome for people there to prove their citizenship. Furthermore, corrupt Govt. officials made it easy for immigrants to procure, against payment of gratitude, various Indian identification documents including Ration Card (a special doc. that every family in India was given collectively and carried a family photo) to buy subsidized groceries from a Government shop. Other documents like Voter Card and Aadhar (digital identification) were also acquired by many through corrupt means or in logical subsequence/on-basis of a previously fraudulently procured ID. It is not that the erstwhile Governments did not know of such practices. They let them be. Reason – they benefited electorally & tacitly accepted lack of options besides one – that is to persist with status quo till immigrants assimilate into the local population. They kicked the can down the road with a belief that the can will eventually disappear.

Notwithstanding protests for extraction of illegal immigrants (who arrived after a specific date) & accords signed among militating locals of North-Eastern India and Government of India, Nothing really was done on ground by the latter and the problem was allowed to pester for long.

Current Government does seem to attempt resolving problems and issues accumulated, or created by complacency of previous ones. Instead of a dilly-dallying decisions, it decided to take the problem head on - an attitude that merits appreciation. Nonetheless, their approach ended up messing the political landscape further, by bringing in #CAA that permits assimilation of non-Muslim immigrants into Indian citizenry, while dropping out the Muslims immigrants from Bangladesh.

Thus bearing to fruition a philosophy, abandoned by our forefathers, who chiseled India – one that considers India as a natural home for Hindus. Leaders of the current Government have made matters worse by two events which coincided with protests against this law – (i) As has been the practice they make veiled and sometimes open communal statements to polarize the electorate in elections. As now has been the practice they did the same in the run up to Delhi State Elections, compromising little, whatsoever equity they were left with Muslims of India; (ii) they are committing a mistake that the opposition (Congress) did in last 2014 elections, and from which they benefited and which facilitated their ascendance to power in 2014 elections. Problem – opposition failed to recognize that the Indian electorate is no more illiterate. High rate information dispersal through inexpensive mobile communication and internet through last decade has made the electorate very aware. Many sensible people feel their intellect insulted, when politicians of ruling party make speeches about providing citizenship to the non-Muslims, who have been persecuted in Pakistan (it is true but this truth is 0.1% of the total truths). Every sensible voter of India understands that Non-Muslims from Pakistan are not a matter of concern, because they are few thousands in numbers. And no one in entire India is against provision of citizenship to these persecuted minorities, who fled Pakistan. Indeed most Muslims and Hindus alike have demanded that #CAA covers not only those who persecuted minorities that entered India from Pakistan before 2014, but even those who desire to migrate currently or in future. The object of #CAA apparently are the 1.40 million Hindus and half a million Muslims from Bangladesh.

Furthermore, fraudulently/corruptibly acquired identification documents by illegal immigrants from Bangladesh melded the left over markers distinguishing illegal immigrants from citizens - documentarily.

Complacency of previous Governments left the current one with no options but to demand cumbersome indirect documentary proofs (of lineage) from the population to prove citizenship. This has been troublesome for masses as in north eastern parts of India we do not have a tradition of documentary recording of lineage (this view of mine lacks research).

[It might be interesting for readers to know that most north Indians have this tradition of recording their deaths and births with specified Brahmins (literally by villages of India which are a few hundred thousands) at a place called Haridwar, where most Hindus go for the last rites of the deceased and update the records by registering the death as also new members added to the family. I have 400 years of my family history sitting there on papers recorded by my ancestors. This is very precious data which should ideally be digitized into a Block-chain under state supervision without compromising the linked earnings of the Brahmins there. Alas! No such lineage recording tradition is prevalent in North-Eastern India].

NRC (National Register of Citizens) exercise was anticipated to confirm the official State hypothesis - millions of illegal Bangladeshi Muslims live in Assam. Data duped expectations delivering an unexpected verdict for the ruling party - a roaring majority of the illegal Bangladeshi immigrants in Assam are Hindu. West Pakistan Army had persecuted Muslim and Hindu Bangladeshis alike. Both fled Bangladesh to bordering states in India, saving their and their family's lives.

It is in the context of aforementioned historical background that Government of India legislated Citizenship Amendment Act of 2019 (hereinafter referred to as ‘#CAA’). It facilitates fast track citizenship for illegal Non-Muslims from Pakistan, Afghanistan and Bangladesh (former two have no numbers of any consequence). The Government of India's account is that they are executing the unfinished chores of partition – in years of partition and those immediately following, Indian leaders of those years including Mahatma Gandhi, who wielded immense moral power had pledged to provide citizenship to all Non-Muslims fleeing Pakistan and Bangladesh. In those years accepting persecuted non-Muslim minorities of East & West Pakistan (Hindus, Sikhs, Parsee etc.) would have been construed not just right but of highest moral standard. Nevertheless, water has flown under the bridge. 

MULTIPLE TRUTHS OF #CAA

Legislation of #CAA is construed by many (including Hindus & Muslim) as discriminatory legislation that treats unequally two from the same kind (Muslims from among Hindu + Muslim illegal immigrants). There are a host of techno-legal aspects to this problem which the Supreme Court of India is hearing public interest petitions and will consequently deliver a judgment in its wisdom and upholding the great Indian tradition of Judicial Independence of the Supreme Court of India.

In the meanwhile, in the agile Indian democracy, the will of the people is reigning supreme and unfortunately riotous. We are still away from accessing any remarkable statistical study of who thinks what of #CAA. To do any analysis, it is important to transparently mention that the law (#CAA) is largely about illegal Bangladeshi immigrants more of who are Hindus than Muslims. Immigrants from Pakistan and Afghanistan are very few in number and would have not even merited creation of a separate law. Therefore, the faux pas sold by the ruling party politicians is only alienating the mindful class of Indians (now large numbers), who were sick and tired of rhetorical responses of the Government pre-2014. Current Government is falling into a similar power incumbency trap. Having said that, analytically, there are four categories of Indians depending on their attitude to #CAA: 

1. The first one thinks this legislation is discriminatory and has to be retracted. The challenge – retracting the legislation will be a major blow to the hardline image of the current Government.

2.  The second category of people believe #CAA is fair as Hindus have nowhere to go & are persecuted in Pakistan & Bangladesh. Data shows – Pakistan does persecute its minorities, but it’s not so apparent in case of Bangladesh. It is felt that illegal Muslim immigrants from India’s neighborhood, should be deported back to the country of their origin, which had been carved out from undivided India for the very purpose of providing Muslims their own homeland in Pakistan & Bangladesh. Both Hindus and Muslims from Bangladesh migrated to India on persecution by the Pakistan Army. They were both bound to return after Bangladesh got freedom, but then Hindus should be allowed to stay back officially (they have nowhere to go and if deported to Bangladesh, they will be persecuted over there). While the Muslims, should be deported as Bangladesh is a Muslim nation and a Muslim cannot be religiously persecuted in a nation with 90% Muslim population. 

3. The third category believes, this issue is of no major consequence at this moment, should be deferred, all the more at a time when we are raring to claw back to economic growth levels of yesteryears on which we have slid considerably. Tacitly, “Kick the can down the road” approach.

4. Fourth category of people (predominantly Muslims, along with liberal & left of centre non-Muslims) believe that #CAA is just a conduit to trouble Muslims and subsequently subdue them into some kind of submission (more a fear, than possible reality, though sensible Nations [incl. India] should maintain vigilance, else, even large populations can be deluded into believing myths). Current Government in power has no love lost for Muslims and its credentials on this account are far from ideal. Communal comments during Delhi Elections, further complicated the situation and led to the worst Hindu-Muslim riots in Delhi this week after a sit-in protest by Muslim women in #ShaheenBagh for over two months of chilling winters. Their worry - non-Muslims, who fail to produce documentary evidence, whenever a nation-wide NRC (National Register of Citizens of India) is conducted, can take refuge in the #CAA sanctuary, while Muslims, similarly failing to produce documentary evidence, will be left in lurch to contest State claims in courts of law for years at best and be disenfranchised at worst.

Truth as always, is statistical and in quantum states - It comprises of all available states (options) including those mentioned above, though in differing proportions & probabilities. Otherwise said, “Truth is in proportions”. While the proportions of aforementioned categories are difficult to determine currently, but that there is substantial number of people subscribing to each of the aforementioned is beyond doubt.

Therefore, the challenge - a good law should at the least address all the major proportions and ideally all truths associated with different aspects of a proposed law. 

Ideal Citizenship Act, should be just, fair, non-discriminatory, strategically benefiting, compassionate to humans without compromising the concept of nation state which is the basis of existence of social and economic order, converts a problem into an opportunity, resolves all issues that Government wants to address (some of which might not be easily cognizable by masses), mitigate internal or external security risks to the nation; fulfill the necessary attributes including the purpose of legislating the law; it should be introduced after creating the right atmosphere and geo-ambience and should not be prohibitive in implementation costs. Any good law should have high resistivity to declassification as a fruitful resource with time as the society changes or the people on whom the law is to be implemented increase or change.

It is unarguable that illegal immigrants & stateless people are an issue, so has been the skewing of demography of north-east - both needing a resolution. Of course, the idea is subject to refinement.

A SMART CITIZEN AMENDMENT ACT

A.     Allow religious minorities from neighboring countries to apply for Indian citizenship with proof of religious (specifically and only ‘religious’) persecution and discrimination of their community in the state or town of their residence. This will not be time barred (so will be applicable to those persecuted minorities, which have been in India - illegally) and could be held applicable for up to 5-10 more years to provide persecuted minorities a window. This would have reduced persecution of minorities in neighboring countries, as such immigration applications could always be hailed to the global community as poor minority rights protection record of neighboring nations, which would indeed restrict the otherwise unending flow of persecuted immigrants and violation of minority rights over there. India would provide citizenship, if the matter of persecution is proven satisfactorily to authorities in India or the Indian mission or consulate abroad, irrespective of whether such persecution happened in the past or is happening presently. There would be a quantitative quota under this stream, which would be pre-established to avoid mass immigration requests in future. The mode will operate on a case-to-case basis, but on a fast-track and be settled within 5-10 years.

OR

B.     Those already in India illegally, irrespective of their religion will have an option to apply for citizenship under special below-mentioned terms.

B.1.     They have to declare their origin and all their data under oath including whether they migrated owing to religious, sectarian or other persecution or for employment;

B.2.     They would be given a special ID card for 5 years and allotted a state to settle in (thereby dividing the ingress across less dense areas as well as ensuring that the immigration is divided across India and hence does not jeopardize local ethnicity – in North East India);

B.3.     They shall not have the right to single citizenship (apparently, as they are not citizens) and will have to restrict their residence to the allotted state till they acquire citizenship;

B.4.     They have to become income tax-payees with a minimum annual income of Rs.'Y' (for the entire family collectively) for three consecutive years;

B.5.     They should have no criminal record through this period;

B.6.     In case they fail to meet above-mentioned conditions within 5 years they will get another 5 years of extension.

OR

C.     In case they cannot meet the aforementioned conditions, but have been already residing in India illegally, they will be provided temporary residency (say 2 years) with working rights, and on production of a passport of their country of origin (which India will verify electronically), the temporary work permit shall be converted into a permanent residency & work permit. India will facilitate procurement of passports through arrangement with neighboring countries. Bangladesh would have the guarantee that there will be no major influx of people from India back into Bangladesh instantly, as people will get indefinite working permits. While India will not have to allocate scarce resources to these self-declared foreigners, while they will someday return to their country of origin.

OR

D.     Those, who fail to (or do not desire) execute any of the above-mentioned shall be evicted. The process of eviction is suggested below:

For (C) & (D) neighboring nations have to be taken into confidence (mainly Bangladesh).

D.1.     In case of (c) they can be convinced to recognize their citizens, subject to them not undergoing an influx as India will allow them to live and work in India and indeed travel to their homeland, transfer money and execute transactions legally which otherwise are in the shady black market, enhancing revenues for both India and neighboring nations.

D.2.     In case of (D), assuming the major issue would be with Bangladesh. India & Bangladesh should agree to contribute land on the northern tip of Bangladesh (near the chicken's neck), such that Indian contributes less depth but large length along the border, while Bangladesh contributes more in depth and less of length along the border (thus creating a geometric wedge into Bangladesh). In this area, India shall undertake to procure investment (so shall Bangladesh, but to a lesser degree) to set up industries and enterprises, where the evicted illegal migrants of Bangladeshi origin would be provided work by Indian Investing Companies. It could be treated as a common Special Economic Zone for both nations. The defense of the said area would be jointly done (thus enabling widening of the ‘neck’ against China, strategically) and passing through this area would be freely allowed for citizens & vehicles of both the countries with their national electronic RFIDs & national electronic cards seamlessly. Implementation could be executed in mutually agreeable phases.

Not only would India be able to enhance its strategic depth, where China is threatening, it will have a strong politico-economic link with Bangladesh, it will be able to resolve the problem of immigrants, eviction, India's north-east, registry of citizens, all in one. It will be a more challenging task, but it will be a fair and non-discriminatory approach to resolving the problem that the Government of India desires to. I really don't see reasons why Bangladesh would not subscribe to such a solution, which adds on to their economy substantially, and does not lead to an economic burden on their heads.

SEPARATING PEOPLE FROM POLICIES

One important thing that I desire to add from my side, with my personal bias is the need for all patriots to distinguish policies from people. People, including politicians do a number of overt deeds, which are not policies as also a number of covert deeds which are desired to be made policies in the ensuing future. It is very important to distinguish these two. Good policies should be supported irrespective of whether the political thought is oppositional, bad policies discouraged even if floated by your own political outfit. One of the best metrics to do this is to analyze & understand the intent of the doer. Legal frameworks and Roman law is highly emphatic on intent. If a person pelts a stone at a snake, misses it and hits a boy behind the snake, killing him; the stone-pelter is tried for manslaughter. Contrarily, if a person pelts a stone at a boy, misses the boy, hits and kills the snake, he will be tried for attempt to murder. It is therefore crucial to analyze and understand the intent behind #CAA. Resolution to the CAA conundrum likes in bolstering or reforming the intent. A commentary on intent is not the raison d’etre of this article and hence I refrain from elaborating on it. I leave it to the aware and intelligent people of this country to take calls on this subject. 

CAN THIS BE BETTERED?

Certainly yes. My proposal is a kickoff. 543 members of Indian Parliament have produced legislative jewels, why would they not make one more!? Is the proposal nationalistic to the ruling party metrics – I bet its more nationalistic than what ruling party has construed with current #CAA, which is a fish-bone stuck in throat – neither can be swallowed nor thrown up and is only making the nation cough harder and harder, till eyes pop out!

Enfin, Laws, like everything rest should comply with the best philosophy of humankind of all times. Mahatma Buddh said, "Don't believe, don't believe only because you have been told, or it has been transmitted to you by tradition, or you have thought on your own and adopted it. Don't believe what your Guru (teacher) has told you because you hold him in high esteem. Examine it, adequately analyze it, and when you discover a thought beneficial to all, good for the majority, in welfare of all living beings, believe in it, adopt it. Such thought will be path revealing, because that belief will be self-made and hence resolute."

Scan the QR below to access a contagious but beautiful video of the aforementioned teaching of Buddha or go to the link below…



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