CAA is against Tamil race, ignores reality of Tamil refugees: DMK tells Supreme Court

The Dravida Munnetra Kazhagam (DMK) party has told the Supreme Court that the Citizenship (Amendment) Act, 2019 is against the Tamil race and ignores the reality of Tamil refugees settled in Tamil Nadu [DMK v. Union of India]..In an affidavit filed through advocate D Kumanan before the top court, the DMK highlighted that the CAA introduces a completely new basis for the grant of citizenship on the ground of religion, which destroys the basic fabric of secularism.“There is no reason as to why Muslims were altogether excluded even in the countries wherein they have suffered persecution.”.It further states that Tamil refugees have been meted out a “step-motherly” behaviour by the Central government and thus, they live in constant fear of deportation..Additionally, being stateless has denied them employment in government and organised private sectors, the right to hold property, to vote or enjoy government benefits.“Due to such ambiguity, there are forced to stay in camps where they are often exploited having no prospects of security in future.. The requests for citizenship by these Tamil refugees who have spent years in refugee camps have fallen on deaf ears of the Respondent No. 1,” reads the affidavit..It contends that since the Act keeps away Muslims who have suffered persecution, it is highly discriminatory and manifestly arbitrary. In light of this, the DMK sought a declaration that the CAA is unconstitutional as it violates Articles 14 and 21..The CAA, which was passed on December 12, 2019, amends Section 2 of the Citizenship Act of 1955 which defines “illegal migrants”.It added a new proviso to Section 2(1)(b) of the Citizenship Act. As per the same, persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from Afghanistan, Bangladesh or Pakistan, and who have been exempted by the Central government under the Passport (Entry into India) Act, 1920, or the Foreigners Act, 1946, shall not be treated as “illegal migrant”. Consequently, such persons shall be eligible to apply for citizenship under the 1955 Act..The CAA specifically excluded the Muslim community from the proviso, triggering protests across the country and a slew of petitions before the Supreme Court.The petitioners challenging the law have submitted that the CAA discriminates against Muslims on the basis of religion. Such religious segregation is without any reasonable differentiation and violates right to quality under Article 14, it has been contended.Amid nationwide protests against the legislation, the Supreme Court in January 2020 had issued notice in a batch of over 140 petitions, without staying the Act..The Central government in its affidavit has said that the CAA does not affect the legal, democratic or secular rights of any of the Indian citizens. The government has said that the existing regime for obtaining citizenship of India by foreigners of any country continues to be untouched by the CAA and remains the same. Further legal migration on the basis of valid documents and visa continues to be permissible from all countries of the world, including from the three countries specified in the CAA.Read more about the Centre's stand here. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.