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CAA – THE UNCONSTITUTIONAL STEP



The Most trending topic and so called controversial that is Citizenship amendment Act 2019. On 11 December 2019, the Parliament of India passed it and amended the Citizenship Act of 1955. The words of our government in the legislative bodies about this act made think each and every person in India as well in other sister countries. This act talks about the Citizenship that is INDIAN Citizenship for members of Hindus, Sikh, Buddhist, Jain, Parsi and Christian who had fled persecution from Pakistan, Bangladesh and Afghanistan before December 2014.


After the Passing of this act, the whole country started to protest against CAA. Why what’s the reason? Why actually CAA is unconstitutional and invalid for a so called country INDIA. As aforementioned this bill talks about the Citizenship of Hindus, Sikh, Buddhist, Jain, Parsi and Christian but not about the Muslim which is also a minority. Why in a so called secular country we can decide the Citizenship on the basis of Religion. The Government try to convince the people by giving statements like Muslims can have a place in their countries like Pakistan, Bangladesh and Afghanistan which is the origin of Islamic religion so predominance is found there. Ok it’s fine they are the countries which are of Islamic origin; a place where Muslims can have shelter but why not India. India is not a country where specifically a religion is practiced. All the religions are following brotherhood and unity as an Indians since the independence. Why these Muslims can’t be the citizens of India?


As a law perspective, It is straightforward a violation of Article 14 (Right to Equality), Article 21( Right to Life) and Article 25 ( freedom to practice any religion). It is unconstitutional as it does not clarify the rights of Muslims here. It should be noted by the government that BEFORE LAW ALL ARE EQUAL. If you are willing to change the act then all the religions is to be considered otherwise let it be the way to maintain the equality.


Certain communities such as Hazaras and Ahmadis of Muslim too face persecution from their own countries like Pakistan, so what they will do if they are residing in India since many years. And this is not about specific communities but about the citizen of India who settled everything here and just for the sake of documentation and all they have to leave their own motherland. What about the section of people who fails to prove the identity as a citizen of India if they own no lands or property or certification of genetic relationship? For them is the detention camp only a solution? What a common man will do who have his own family, who just struggles everyday for his bread and butter.


Recently news popped up that the Kerala Government files a petition to SC of India for the violation of Article 14, Article 21 and Article 25 under article 131 of Constitution. Students broke out violent marches against the CAA .Lots of got injured and many took the life of others. The whole country United for this cause as soon as the bill got passed. The Renowned institution like Aligarh Muslim University, JNU and Jamia Milia University showed the great rage for this bill but the point is “Is really this Government will ponder on this topic for opposition”.


I personally believe the youth of this country so called a secular nation should stand together hand in hand for the cause but in the peaceful way. These violent actions, speeches or harm to national heritage of the country will not change the perspective of the Government. It will be better if we do the protest but without harming any individual’s life as well as thinking about the nation’s peace and order. The youth should understand the duties as they are talking about the rights. Violence is not the one should as the citizen of India - our motherland should protest against CAA for the maintenance of brotherhood in our country as well as equality but in a very peaceful manner. This is the time India needs to

think, to change and to work but together .


After all " UNITY IS THE STRENGTH OF THE SOCIETY ”.


Submitted By -

Mansi Joshi

Government Law College, Mumbai

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