The dilemma of choosing between two different paths, both of which are individually correct or even required by a person or a country, leads to an evaluation of the consequences of each path. Here, we face the dilemma between disenfranchising millions or safeguarding a community’s endogamous way of life.
On 17 October 2024, the Supreme Court upheld Section 6A as valid. First, we should understand Section 6A of the Citizenship Act, 1955. Section 6A states that if a foreigner entered Assam before 1 January 1966, they would have all the rights of a citizen of India. It also mentions that a foreigner who entered Assam between 1 January 1966 and 25 March 1971 would have all the rights of a citizen except the right to vote for 10 years.
Several questions may arise in the mind of a reader, such as: Why is the cutoff date 25 March 1971? What is the reason behind it? Why has the Supreme Court upheld it as valid? Why is it only applicable to Assam?
1971 was a significant year for India in military terms, as the Indian Army fought against the Pakistani Army for the liberation of Bangladesh. On 26 March 1971, the Pakistani Army launched Operation Searchlight to suppress the Bengali Nationalist Movement. Thus, India had a positive outlook towards the victims who infiltrated during that time of crisis, which can be seen as a case of promoting the Principle of Fraternity outlined in the Indian Constitution.
Two main aspects were considered while evaluating the validity of Section 6A. Firstly, it does not violate Article 29(1) of the Constitution, which states that a community has the right to take steps to protect its culture, language, and script. Secondly, the principle of fraternity plays a major role in determining validity when facing the dilemma I mentioned at the beginning.
The Assam Accord of 1985 introduced Section 6A into the Citizenship Act of 1955, exclusively for Assam. However, this provision has been criticized and challenged by the local people of Assam on the basis of changes in social fabric, changes in the demographic pattern of the state, and the danger of losing their ethnicity. It is important to consider the demands of the locals, and efforts should be made to maintain social fabric, build their confidence in the implementation of the principle of fraternity, and promote harmony between the two parties affected by the arising situation.
As Chief Justice D.Y. Chandrachud said, “The Assam Accord was a political solution to the issue of growing migration, and Section 6A was a legislative solution.”
WRITTEN BY URVASHI MALIK
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