An application has been made to the Supreme Court to quash a series of subordinate laws notified by the government authorizing the naturalization of Indian, Hindu, Sikh, Buddhist, Jain, Parsian and Christian illegal immigrants fleeing religious persecution in Bangladesh, Pakistan and Afghanistan.
Nagarikatwa's petition Aain Songsudhan Birodhi Mancha and others claimed that the room for maneuver would strengthen "the uncontrolled influx of illegal immigrants from Bangladesh to Assam". Illegal immigration has caused enormous demographic changes.
The petition denounced this government move to differentiate "illegal immigrants" on the basis of their religion and grant them naturalization as "community-driven humanism".
The petitioners have asked the Supreme Court to declare the amendments made through the 2015 passport amendment rules (entering India); the 2015 Ordinance on Aliens (Amendment) and Ordinance of the Ministry of the Interior of December 26, 2016 under the Citizenship Act, authorizing the naturalization of Hindu illegal immigrants, Sikhs, Buddhists, Jains, Parsis and Christians, as "illegal and invalid".
He said: "Never before has religion been specifically defined in the law on citizenship to distinguish between citizens and non-citizens. It introduced religion as a new principle in the Citizenship Law … illegal immigrants to whom the benefit of this legislation is to claim citizenship solely on the basis of religion; a requirement that goes against one of the fundamental principles of the Indian Constitution, secularism ".
The petition says that while religious persecution may, in the given facts and circumstances, be a reasonable principle of differentiation, it can not be articulated in such a way as to dilute the republican and secular foundations of citizenship in India. Such differentiation on the basis of religion goes against constitutional morality, says the petition.
Instead, the petition asked the court to instruct the government to establish a national immigration commission or other appropriate body to define a national immigration policy and a national refugee policy.
He urged the court to order the Union to take effective measures for the preservation and preservation of the culture, heritage and distinct traditions of the indigenous people of Assam, in accordance with the Agreement. d & # 39; Assam.