Why the spirit of the law applies to illegals

Aside from the click-bait headlines that foretell a worse-case scenario, the Indian government’s plan for a citizenship register in the north-eastern state of Assam, a first in the country, should be viewed from the right perspective. Many hold a jaundiced view since the project has been set in motion by what many observers would like to call the ‘Hindu nationalist’ government led by Prime Minister Narendra Modi. Indeed, democracy is the rule by a majority through the ballot that the Bharatiya Janata Party won handsomely in 2014. There is nothing wrong with having a majority at the central or state level but what the government does with those huge numbers to push through controversial legislation could upend the status quo. Political brute majority concerns are gaining ground and millions in Assam feel their land and livelihoods could be taken from them. The charge is that this ‘majority’ government is resorting to social engineering or attempting to change demographics to give them critical mass to govern for a longer period through sheer weight of numbers.

The government says the National Register of Citizens is part of a larger plan to weed out illegals who may have slipped into the Indian territory. Enforcers of this project hark back to March 24, 1971, when neighbouring Bangladesh or former East Pakistan declared independence which sparked conflict between Indian and Pakistan and millions of refugees from the East fled to Assam. Critics counter that this is merely a ruse to bring down minority numbers, specifically Muslims. Those who arrived in the country before the said date are considered legal while others are not. This could put millions in a limbo. What must be understood is such a registry is important for the security of the country, but human rights are inviolable. Citizens or not, these are people first. Reports suggest four million failed to produce papers to prove they came to the country legally. Officials say the list is only a ‘draft’ that is open to appeal. What happens if appeals fail? The questions are many, the answers are blowing in the wind, the future is uncertain for millions. In such a situation the humane, kind ‘spirit of the law’ should be applied. After all, what is citizenship if it excludes people?