Based on religion India should have been declared a Hindu country, says High Court

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.”