Supreme Court declared Section 6-A of Citizenship Act as valid, Jamiat said- relief to lakhs of people of Assam
The Supreme Court has upheld Section 6-A of the Citizenship Act. Jamiat Ulama-e-Hind has described this decision of the court as a big success of the long constitutional struggle. Jamiat President Maulana Mahmood Asad Madani and Jamiat Ulama Assam President welcomed the decision. He said that our struggle for the victims has finally borne fruit.
Jamiat has said that the Supreme Court in its historic decision has declared Section 6-A of the Citizenship Act, 1955 as constitutional. A bench of 5 judges headed by the Chief Justice gave this decision with a majority of 4-1. This will provide relief to millions of people of Assam. The sword of citizenship was hanging over them for decades.
Delivering its verdict on the writ petition of Jamiat, the Supreme Court said that this Act is in accordance with the Assam Accord. According to this, all those who were living in Assam before 25 March 1971, and their family members and children will be considered Indian citizens. Chief Justice DY Chandrachud, Justice Suryakant, Justice Sundaresh and Justice Manoj Mishra gave the verdict in favor of the constitutionality of 6-A.
Chief Justice Chandrachud said in his decision that the Assam Accord was a political solution to the problem of illegal refugees and Article 6-A is a legal solution. The central government could have implemented this act in other areas as well but it was not done because it was specifically for Assam. The court held that the deadline of March 25, 1971 under Section 6-A was appropriate. After independence, migration from East Pakistan to Assam was more than other areas of India.
There is an atmosphere of celebration in entire Assam due to the decision: Jamiat
Jamiat and its state unit Jamiat Ulama Assam, Jamiat Ulama-e-Hind, led by Maulana Mahmood Asad Madni, had been fighting a case in the Supreme Court for 15 years. There is an atmosphere of celebration in entire Assam after this decision. The main officials of Jamiat have welcomed the decision. Maulana Mahmood Asad Madni said that Jamiat has been fighting on every front for the poor and suffering people of Assam for the last 70 years. This decision will prove to be a milestone in the struggle of Jamiat Ulama-e-Hind people. Those who had lost hope of citizenship will get relief.
Madani said that we are fighting 9 cases in the Supreme Court regarding Assam NRC. Earlier, a big success was achieved when Panchayat Link Certificate was recognized for 48 lakh women. At that time also Jamiat stood in the Supreme Court on behalf of all the suffering sisters. It included all Muslim and non-Muslim women.
What is wrong in having people of different races in Assam?
Chief Justice Chandrachud said that it is the duty of the government to protect the states from external attacks. Reading the obligation of Article 355 of the Constitution as a right will give emergency rights to citizens and courts which will be disastrous. The presence of different racial groups in a state does not mean violation of Article 29 (1). The petitioner has to prove that one racial group is unable to protect its language and culture due to the presence of another racial group.
What is Section 6-A of the Citizenship Act 1955?
Section 6-A of the Citizenship Act 1955 gives the right to acquire Indian citizenship to foreign refugees of Indian origin who came to India after 1 January 1966 but before 25 March 1971. This section was added in 1985 after the Assam Accord. This agreement was reached between the Government of India and the leaders of the Assam Movement.
Actually, the leaders of the Assam Movement were demanding the expulsion of illegal refugees from Bangladesh to Assam. The last date of 25 March 1971 included in it was the day when the freedom struggle ended in Bangladesh.
