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Welfare Party Challenges CAA in Supreme Court

16 Jan 2020 06:01 PM, IST

Welfare Party Challenges CAA in Supreme Court
Dr. SQR Ilyas, President, Welfare Party of India

India Tomorrow


NEW DELHI, JANUARY 16— The Welfare Part of India (WPI) has filed a writ petition in the Supreme Court challenging the contentious Citizenship (Amendment) Act (CAA) and urged the apex court to strike it down.


Since the CAA was passed by the Parliament on December 11, more than 60 petitions have been filed against CAA in the Supreme Court. The top court is likely to hear these petitions on January 22.


CAA seeks to provide Indian citizenship to non-Muslim migrants from Pakistan, Afghanistan and Bangladesh who had entered India before December 31, 2014.


Filed through its president Dr. SQR Ilyas, the petition of WPI has sought abrogation of CAA terming it unconstitutional and discriminatory.


Main Points of Petition:

-- Granting citizenship on the basis of religion is against the Article 14 of the constitution.


-- The Article 15 forbids class legislation. This classification in the CAA is unreasonable and hence violates the constitution as the state cannot discriminate Citizens based on religion.


-- The Hindu migrants who were excluded from Assam NRC list published on 31st August 2019 would be entitled to get benefit of naturalization under section 6B of the CAA. However, Muslim emigrants are denied the same which is highly arbitrary and discriminatory.


-- The CAA violates Assam Accord 1985 and is a threat to the ethnicity of the indigenous people.


-The Govt of India announced pan India NRC and in case the people fail to prove their citizenship due to lack of documentary evidence such citizens would be excluded. However, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians would be entitled to get citizenship under section 6B of the Act, but Muslims would be denied thereby it stands as gross violation of Article 14 and 15 of the constitution.


-- The CAA also violates Article 15 of the universal declaration of human rights(UDHR), which guarantees every citizen the right to nationality and that no one shall be arbitrarily deprived of his/her nationality or right to change his/her nationality and India is a signatory to UDHR.

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