Maulana Mahmood Madani calls it a historic moment for millions
New Delhi, October 17: Maulana Mahmood Asa’d Madani, President of Jamiat Ulama-i-Hind, has hailed the Supreme Court’s verdict as a historic moment that will bring immense relief to lakhs of people in Assam. “This ruling is a milestone in our long-standing fight for the oppressed people of Assam, who have been struggling to secure their citizenship rights for decades. It brings an end to their fears and uncertainties, and Jamiat will continue its efforts to protect the rights of all marginalized communities,” he said. Maulana Badruddin Ajmal, President of Jamiat Ulama-i-Assam, expressed gratitude to all organizations and individuals who contributed to protecting the citizenship rights of Assam’s people.
In a landmark judgment, the Supreme Court has declared Section 6A of the Citizenship Act, 1955, as constitutional. The five-judge bench, led by the Chief Justice, ruled by majority in favor of the legal validity of the 1971 cut-off date for Assam. This verdict will provide much-needed relief to lakhs of people in Assam, who have lived under the looming threat of losing their citizenship for decades.
The Supreme Court’s ruling on Jamiat Ulama-i-Hind’s IA (No. 274/2009) upholds the Assam Accord, which grants citizenship to those who settled in Assam before March 25, 1971. The court recognized that the Assam Accord was a political solution to the influx of illegal immigrants, and the cut-off date of March 25, 1971, has legal validity given the high migration from East Pakistan to Assam after India’s independence.
Jamiat Ulama-i-Hind, under the leadership of its president Maulana Mahmood Asa’d Madani, and its state unit Jamiat Ulama Assam, has been fighting this case in the Supreme Court for the past 15 years. Jamiat is currently involved in nine other cases concerning the Assam NRC in the Supreme Court. A previous victory was achieved when Panchayat Link Certificates were accepted as valid documentation for 4.8 million women, ensuring their citizenship rights.
What is Section 6A of the Citizenship Act?
Section 6A of the Citizenship Act, 1955, grants citizenship rights to refugees of Indian origin who arrived in India before March 25, 1971. This section was introduced after the Assam Accord of 1985, a political settlement between the Government of India and the leaders of the Assam Movement. The agreement recognized anyone residing in Assam before March 25, 1971, as an Indian citizen.
However, in 2009, an organization named Assam Sanmilita Mahasangha filed a petition in the Supreme Court, challenging the Assam Accord and demanding that only those who arrived before 1950 should be considered Indian citizens, as per the law in other states. Jamiat Ulama-i-Assam intervened in this case to uphold the Assam Accord. Senior lawyers, including M.R. Shamshad, Dushyant Dave, Indira Jaisingh, Sanjay Hegde, late Shakeem Ahmad Syed and others, represented Jamiat in the legal battle.
