Shillong: A Meghalaya High Court judge has said that India should have declared itself a Hindu nation at the time of Partition. Justice S R Sen said this while disposing of a petition filed a person who was denied domicile certificate.
“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," Justice Sen said in his judgment.
He urged the Prime Minister, Law minister and Parliament to bring a legislation to allow citizenship to Hindus, Sikhs, Jains, Buddhists, Parsis, Christians, Khasis, Jaintias and Garos, who have come from Pakistan, Bangladesh and Afghanistan, without any question or documents.
AIMIM President Asaduddin Owaisi termed the judgment unacceptable and said the government should take note of this judgement as an attempt was being made to spread hatred. "India will not become an Islamic country. India will remain a plural and secular country," said Owaisi on Justice Sen's reported observation that nobody should try to make India another Islamic country.
The MP advised Justice Sen to interpret the Constitution and not to beg Prime Minister Narendra Modi. The judge has observed that he has faith in Modi that he will protect India from becoming another Islamic country. He also urged Modi to enact laws to allow non-Muslims living in Pakistan, Bangladesh and Afghanistan to come to India and take Indian citizenship.
The 37-page judgement by Justice Sen observed that Hindus, Sikhs, Jains, Buddhists, Christians, Parsis, Khasis, Jaintias and Garos are tortured even today in the three neighbouring countries and they have no place to go.
Although the Centre's Citizenship (Amendment) Bill, 2016 also seeks to make Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh or Pakistan eligible for Indian citizenship after a stay of six years, there was no mention of this bill in the court order.
The judge directed the Centre's Assistant Solicitor General, Meghalaya High Court, A Paul to hand over the copy of the judgment to the prime minister, Union home and law ministers latest by Tuesday for their perusal and necessary steps to bring a law to safeguard the interest of the communities.
The court said it expected the Government of India to take a conscious decision to protect the innocent Hindus, Sikhs, Jains, Buddhists, Parsis, Christians, Khasis, Jaintias and Garos who have come from Pakistan, Bangladesh and Afghanistan, and who are yet to come as well as from abroad as they have the same right to come to India as Indian citizens.
Justice 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, Justice Sen said, "Our culture, traditions and religions are the same. We should not hate each other just on the basis of language".
(With PTI inputs)
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