A Hindu Foreigner Can Become Indian, But An Indian Muslim Might Be Declared A Foreigner: Asaduddin Owaisi

The Citizenship Amendment Bill (CAB) is has been passed in the Rajya Sabha after it was brought to the fore of the upper house when an overwhelming majority of 311 Members of Parliament (MPs) voted ‘Aye’ – meaning ‘yes’, clearing the bill in the lower house.

This is no surprise as the party and its allies hold nearly 350 seats in the 542-strong Lok Sabha. But a few MPs including the firebrand politician from Hyderabad, Asaduddin Owaisi, vehemently opposed the proposed legislation in the lower house and Owaisi even tore his copy of the draft legislation on the floor of the Parliament, in protest

On 9th December, when the Lok Sabha witnessed heated arguments by its members over the bill, Owaisi said, “This bill is violative of the Constitution and it is an insult to the ideals of those who freed this nation from the British in 1947. Do you know how Mohandas Karamchand Gandhi came to be known as the Mahatma? In 1910, after returning from South Africa, he tore a copy of the Race Laws. Similarly, I tear this bill as it means to divide India.”

The Logical Indian reached out the four-time Hyderabad MP who is also looked upon as one of the most prominent Indian voices for minorities, to understand his opposition to the bill.

There is a debate over this bill dishonouring Article 14 of the Indian Constitution, but could you elaborate on how and why is the tabled bill violative?

There are certain fundamental rights in our Constitution which apply to citizens and non-citizens. One of them is Article 14 and the other is Article 21.

Article 14 from the Indian Constitution

These articles apply to every single person regardless of them being Indian citizens or not. This proposed law discriminates on the lines of religion, thus violating the basic fabric of our nation’s founding principles.

If you see the Home Minister’s reply to the Opposition after the bill was tabled, he claimed that Articles 29 and 30 are also ‘biased provisions’. He did so in his pursuit to question the diligence of the MPs arguing that CAB is violative of Article 14. But, even a fourth-year law student can explain to Amit Shah that his understanding of Indian law is based on flawed premises. Articles 29 and 30 are part of the ‘Special Schemes’ in the Constitution, and Article 14 is a ‘fundamental right’.

Articles 29 and 30 do not violate Article 14 – they give special privileges to not just religious but linguistic minorities as well.

There is speculation around the legislation having an invisible anti-Muslim and discriminatory subtext. What are your comments on that?

I do not agree with that there is mere speculation over the bill’s discriminatory and anti-Muslim nature. The bill’s bigotry staring at us in the face. How can it be invisible when citizenship is being sanctioned based on religion? It is visible to everyone, but if one refuses to see through it, that is a different issue.

If the law is in its practice – biased, why do you think the current dispensation is bringing it into the country?

No one needs to think over this as it is understood that they are trying to make this country a theocratic nation. They want to rearrange the social blocks – something they have been trying for the past five years.

The diversity that was celebrated isn’t considered important by the current ruling party as they believe in the supremacy of one religion and one culture. Hence, such bills are being pushed in the Parliament so that they become laws helping them further their agenda of making India a theocracy.

The ruling politicos are asking people not to view the Citizenship Amendment Bill (CAB) and the National Register of Citizens (NRC) in conjunction, claiming that they are mutually exclusive events. Should that be how CAB and NRC are gauged?

You must see the CAB through the prism of NRC. As per the proposed law, any of the named foreign religious minorities will find all the legal cases against them retracted. Himanta Biswa Sharma (MLA), accepts that there are over 5 lakh Bangladeshi Hindus in Assam – so this means that whoever from the count of five lakh migrants have cases against them in the Foreigners’ Tribunal will enjoy the privilege of their cases being abated. The only ones with cases remaining will be followers of Islam, as the bill includes all but excludes Muslims.

For instance, let us suppose that your name (reporter) and my name are excluded from the national NRC as we fail to qualify as Indian citizens, you still have an opportunity to gain Indian citizenship through this bill. But I would be made stateless – as I am a Muslim.

Muslims in India have been worried about their citizenship status even before plans of a national NRC were made public. They have been apprehensive, so would the passing of CAB mean that their fears are now materialising?

Indian Muslims’ apprehensions are right and valid. What has happened in Assam is going to be emulated in the entire country. And for everyone’s sake, there are enough…