India Should Have Been Declared a Hindu Country: Meghalaya HC

Justice R Sen’s judgment for the Meghalaya HC says that only PM Modi can ensure India doesn’t become Islamic

In what could turn out to be a controversial judgment, the Meghalaya High Court has urged the Prime Minister, Home Minister, Law Minister and the MPs to enact laws to allow the Hindus, Sikhs, Jains, Buddhist, Parsis, Christians, Khasis, Jaintias and Garos who have come from Pakistan, Bangladesh and Afghanistan to live in India and to be given citizenship.

The judgment which has been delivered in a case pertaining to domicile certificate, has been authored by Justice SR Sen. The Court in its judgment has also stated that India should have been declared a Hindu country during the partition though it chose to remain a secular nation.

“Therefore, I request our beloved Prime Minister, Home Minister, Law Minister and Hon’ble Members of the Parliament to bring a law to allow the Hindus, Sikhs, Jains, Buddhist, Parsis, Christians, Khasis, Jaintias and Garos who have come from Pakistan, Bangladesh and Afghanistan to live in this country peacefully and with full dignity without making any cut off year and be given citizenship without any question or production of any documents. Similar principle should be taken to those who live in Pakistan, Bangladesh and Afghanistan. They may be allowed to come at any point of time to settle in India and Government may provide rehabilitation properly and declare them citizens of India.”

The judgment begins by stating that the difficulties faced by the residents to get the Domicile Certificate and the Permanent Residence Certificate have become “a great issue today”.

The same will have to be examined “since the inception of India 2 (Bharat Barsh)”, the Court states. The judgment then proceeds to examine history and partition of India with the judge stating that he will fail in his duty otherwise.

“I am of the view and that I will fail in my duty if I do not project the original India and its partition.”

Indian History

The Court has simplified the history of the sub-continent in three paragraphs.

India was one of the largest countries and “commanded by Hindu Kingdom”. Thereafter, “Mughal” came and many conversions took place. Then came the British. Subsequently, partition happened during which lakhs of Hindus and Sikhs were killed, tortured and raped.

Below is the full account:

“As we all know that India was one of the largest country in the world and there was no concept of Pakistan, Bangladesh and Afghanistan. They were in one country and was commanded by Hindu Kingdom but thereafter the Mughal came to India and captured the different parts of India and started ruling the country and at that point of time many conversion took place by force.

Thereafter, the English people entered India in the name of East India Company and started ruling over India and were torturing the Indians so ultimately the independence movement started and India got its independence in the year 1947 and India was divided into two countries; one was Pakistan and the other was India.

It is an undisputed fact that at the time of partition, lakhs and lakhs of Sikhs and Hindus were killed, tortured and raped and forced them to leave their forefather’s property and compelled them to enter India to save their lives and dignity.”

‘India Should Have Declared Itself Hindu Country’

The Court then makes the statement that while Pakistan was declared an Islamic country, India was declared a secular country though it should have been declared a Hindu country since the partition was on the basis of religion.

“Pakistan declared themselves as an Islamic country and India since was divided on the basis of religion should have also been declared as a Hindu country but it remained as a secular country.”

The judgment then goes on to refer to various books relating to killing of Hindus during partition. A good part of the judgment is dedicated to extracts from such books.

Request to PM – Allow all Non-Muslims from Pakistan, Bangladesh, Afghanistan to Live in India

The Court in its judgment requests the Prime Minister, Home Minister, Law Minister and Members of the Parliament to enact a law to allow the Hindus, Sikhs, Jains, Buddhist, Parsis, Christians, Khasis, Jaintias and Garos who have come from Pakistan, Bangladesh and Afghanistan to live in India peacefully and to grant them citizenship.

“Therefore, I request our beloved Prime Minister, Home Minister, Law Minister and Hon’ble Members of the Parliament to bring a law to allow the Hindus, Sikhs, Jains, Buddhist, Parsis, Christians, Khasis, Jaintias and Garos who have come from Pakistan, Bangladesh and Afghanistan to live in this country peacefully and with full dignity without making any cut off year and be given citizenship without any question or production of any documents. Similar principle should be taken to those who live in Pakistan, Bangladesh and Afghanistan. They may be allowed to come at any point of time to settle in India and Government may provide rehabilitation properly and declare them citizens of India. Similar principle to be adopted for those Hindus and Sikhs who are of Indian origin and presently residing abroad to come to India at any time as they like and they may be considered automatically as Indian citizens. This Court expects that the Government of India will take a conscious decision to protect the innocent Hindus, Sikhs, Jains, Buddhist, Parsis, Christians, Khasis, Jaintias and Garos who have come from Pakistan, Bangladesh and Afghanistan and who are yet to come as well as from abroad as they have the same right to come to India as Indian citizens…”

“Therefore, I can simply say that the Hindus, Sikhs, Jains, Buddhist, Parsis, Christians, Khasis, Jaintias and Garos residing in India which ever date maybe, they have come to India are to be declared all as Indian citizens and those who will come in future also to be considered as Indian citizens.”

‘Not Against My Muslim Brothers and Sisters’

The Court clarifies that it is not against Muslim brothers and sisters who are residing in India for generations and abiding Indian laws and they should also be allowed to live peacefully.

“However, I am not against my Muslim brothers and sisters who are residing in India for generations and abiding Indian laws, they should also be allowed to live peacefully.”

However, the government should make “a uniform law” for all Indian citizens and anybody opposing Indian laws and Constitution cannot be considered as Indian citizens, the Court adds.

“I also request the Government that a uniform law should be made for all Indian citizens and they are bound to abide the law of the country and constitution. Anybody opposing the Indian laws and constitution, they cannot be considered as citizens of the country. We must remember that first, we are Indians, then good human beings and thereafter comes the community we belong.”

‘Sikhs Were Rehabilitated But Hindus Were Not, After Bloodshed at Independence’

Alluding to the history of partition once again, the Court says that India achieved independence through bloodshed and Hindus and Sikhs had to “leave their forefather’s property, birthplace with tear and fear”.

“India achieved independence through bloodshed and the worst sufferers were the Hindus and Sikhs who had to leave their forefather’s property, birth place with tear and fear and we will never forget that.”

However, while Sikhs were rehabilitated by the government, Hindus were not, the High Court states.

“However, I will not be wrong to mention that when the Sikhs came, they got the rehabilitation from the Government but the same was not given to the Hindus. Therefore, it is not correct that Indian independence is by nonviolence, but it is through violence wherein the Hindus and Sikhs in terms of lakhs, sacrificed their life, property, land and livelihood.”

‘Nobody Should Try to Make India an Islamic Country – Only Narendra Modiji will do the Needful’

The judgment then goes on to express faith in Prime Minister Narendra Modi whose government alone will do the needful to prevent India from being an Islamic country.

Interestingly, the Court states that it is confident that “our Chief Minister Mamata Banerjee will support the national interest.”

“I make it clear that nobody should try to make India as another Islamic country, otherwise it will be a dooms day for India and the world. I am confident that only this Government under Shri. Narendra Modiji will understand the gravity, and will do the needful as requested above and our Chief Minister Mamataji will support the national interest in all respect.”

The Actual Case

The judgment is 37 pages long but the actual issue [grant of domicile certificate] is dealt with starting from page 23.

(This article originally appeared on Bar & Bench. It has been republished with permission.)