Summary notes created by Deciphr AI
https://www.youtube.com/watch?v=Ru6EM-tdy9IIn the discussion, the speaker examines the historical context and constitutional intricacies surrounding Indian citizenship, particularly after the 1947 partition. They highlight the distinction between 'displaced persons' (Hindus and Sikhs) and 'evacuees' (Muslims) in the law, and the introduction of the permit system on July 19, 1948, which effectively restricted Muslim return to India. The speaker also challenges the secular integrity of the Indian constitution, noting the hidden religious biases in citizenship provisions. They argue that the Citizenship Amendment Act (CAA) is unconstitutional under Article 14, critiquing its exclusion of certain religious groups and the arbitrary cutoff date, which undermines its humanitarian intent. The speaker further points out the unfairness towards groups like 'dreamers,' orphans, and transgender individuals in proving citizenship, and questions the rationale behind different naturalization periods for refugees based on their country of origin.
"There was a wave of migrations from West Pakistan to India that was a migration of Hindus and SS they came in large numbers obviously but there was a second wave of migration which took place from West Pakistan to India and that occurred in 1948."
"Large numbers of Indian Muslims who had left India to go to Pakistan realized that Pakistan was not what they had thought it might be and therefore returned to India."
"The law referred to Hindus and SS as displaced persons but the law referred to Muslims who left as evacuees."
"Muslims who left India to go to Pakistan their property was referred to as evacuee property and their property was being used to rehabilitate Hindus and SS who had come from West Pakistan to India."
"The Indian constitution in articles 5, 6, and 7 did not mention Hindu, Sikh, Muslim; it did not say anything about religion so on its face it appears to be extremely secular."
"For those who came prior to the permit system being introduced on 19 July 1948, who are presumed largely to be Hindus and SS, citizenship was automatic."
"For those who came after 19th July 1948, especially those who had left India and now sought to return, you required a permit for permanent resettlement."
"In the constituent assembly, there was a great debate that ensued."
"Once the permit system was introduced only 2,000 permits for permanent resettlement had been issued."
"The permit system was essentially designed to keep Muslims from coming back to India."
"If a Muslim wanted to come back to India... the provincial government where your property was located had the power to veto your return to India."
"The Indian government introduced on 19th July 1948 a system that was essentially designed to keep Muslims from coming back to India that was called the permit system."
"Under this system, if a Muslim wanted to come back to India...the provincial government where your property was located had the power to veto your return to India."
"This system essentially was entrenched in the Indian constitution...but when you investigate a little bit further...there were two hidden premises in the Indian constitution."
"For those who came prior to the permit system being introduced on 19th July 1948, who are presumed largely to be Hindus and Sikhs, citizenship was automatic."
"For those who came after 19th July 1948, especially those who had left India and now sought to return, you required a permit for permanent resettlement."
"In the constituent assembly, there was a great debate that ensued."
"When you dig into the correspondence of our leaders like Nehru and Patel, you realize that...if the permit system had been introduced for East Pakistan...it would have prevented Hindus from coming back to India."
"President Rajendra Prasad was extremely worried that a very large number of permits would be issued."
"By August 1948...Nehru explained that only 2,000 permits for permanent resettlement had been issued."
"We've taken great care to ensure that these permits are only issued in the most grave circumstances or in the most serious cases."
"The Citizenship Amendment Act is unconstitutional because it violates the equality provisions of the Indian constitution."
"It excludes certain categories of religious groups."
"It excludes Jews... why Jews have been left out from the Citizenship Amendment Act?"
"The residence requirement in India is reduced by the Citizenship Amendment Act... for somebody who falls within the Citizenship Amendment Act the residence requirement is only 5 years."
"A Pari who flees religious persecution in Iran and comes to India has to wait 11 years to be naturalized as a citizen but a Pari who flees religious persecution in Afghanistan has to wait in India for only 5 years."
"The cut-off date is 31st December 2014... if you want to protect people who've been persecuted on account of their religion then why close the doors on 31st December 2014."
"This... does really undermine the secular credentials and the secular origins of the Indian constitution."
"While there were only about 7 or 800,000 Hindus left in Pakistan in West Pakistan there were 16 million Hindus in East Pakistan... it would have prevented Hindus from coming back to India many of whom were being forced to either convert to Islam or to leave."