(A detailed version of this chapter in notes #301.032 on http://facebook.com/mehtarahulc )
Download this chapter 32 : http://www.righttorecall.info/301.pdf
32.1 Why we must bring Hindus in Bangladesh, Pakistan, Sri Lanka into India
I at Right to Recall Party propose to enact Gazette Notifications necessary to bring Hindus in Bangladesh, Pakistan, Sri Lanka etc back into India. And term Hindus here would mean Hindus, Sikhs, Jain and Buddhists, and in context of Sri Lanka, would include Tamil Hindus, Tamil Buddhists, Tamil Jain, Tamil Buddhists, but not other Tamils. The proposed drafts are logistically viable. And the proposed drafts do not go against Secularism as I have shown later.
In 1947, the Hindus of India, against their wish, accepted that Pakistan (with Bangladesh) will be a Muslim State. This clearly meant that Hindus in Pakistan and Bangladesh will have no place in Pakistan and Bangladesh. So the Hindus in Pakistan are people without land and State. And since Hindus in India accepted this proposal of Muslim-only Pakistan, Hindus in Pakistan get rights over Indian lands. Which is why Hindus of Pakistan were given rights to enter India. But the right was terminated in 1954 by Nehru without any notice and without informing Hindus in Pakistan. This was unfair. And so we must open that window for Hindus in Pakistan and Bangladesh , and close that window after 10 years after fully informing them. Further, the constitutions of Pakistan and Bangladesh state that Pakistan and Bangladesh are Islamic countries, which means Hindus there are second class citizens. And India has not taken any objection against that in UN and that further strengthens the rights of Hindus over land of India.
The secularism in Constitution only restricts Govt of India inside India . So if GoI places a notice in Bangladesh or Pakistan that “Hindus will be given residency in India”, then it does not violate Constitution as no person in Bangladesh have no Constitutional rights over GoI.
IOW, if GoI gives notice in Pakistan, Bangladesh that “Hindus may enter India without visa and shall be given residency”, and if any person in India were to challenge that in Supreme Court, the court has to dismiss the plea on the basis that action is taken inside Pakistan and not inside India, and does not effect rights of any Indian citizen. And if a person in Pakistan files a case in Supreme Court of India against the GoI notice , then also Supreme Court has dismiss the case on the basis that action is taken inside Pakistan, where SC has no jurisdiction. And GoI inside Pakistan is a foreign private party, and so it is bound only by International agreements. And secularism is not yet part of International agreements. So my MRCM Party’s demand and promise to let Hindus , and not Muslims, of Bangladesh and Pakistan enter into India does not violate Constitution of India. And it is technically sound as well. For that matter, Israel has law-draft that it allows Jewish and only Jewish to claim citizenship of Israel. No legal international body has given any notice to Israel to change that law, and make citizenship claim open to all.
Is the proposal that “Hindus in Pakistan should be allowed into India” ethically sound? Yes. Because Muslims in Pakistan have land and State, and so no special treatment is required for them. Whereas Hindus in Pakistan have no land and no State, as Pakistan (and Bangladesh) is officially an Islamic State. So the proposal is sound on humanitarian basis as well.
32.2 Proposed Gazette draft to enable Hindus from Pakistan and Bangladesh into India
GN1 : Proposed Gazette Notification to appoint BCAO and Right to Recall BCAO
# Procedure for
Procedure / instruction
1 – The word citizen would mean a registered voter.
PM will appoint an officer titled as Battered Community Assisting Officer (aka BCAO)
2 District Collector (DC)
If any citizen of India wishes to have position of BCAO i.e. Battered Community Assisting Officer, and appears before DC in person , the DC would accept his candidacy for BCAO after taking filing fee same as deposit amount for MP election.
3 Talati ,(or Talati’s Clerks)
If a citizen comes to Talati’s office, pays Rs 3 fee , and approves at most five persons for the BCAO, the Talati would enter his approvals in the computer and would him a receipt with his voter-id#, date/time and the persons he approved. Later, PM may install this system over ATM and also using SMS.
… [the remaining draft is similar to RTR over RBI Governor (see chapter 9)] ….
GN2 : Functioning of BCAO
# Procedure for
Procedure / instruction
BCAO may use staff of Govt on deputation or may recruit staff via open competitive exams such IIT-JEE, State Bank of India Selection Exams, CAT or any existing exam he deems fit. He can hire a staff of 100 persons for 2 year contract to develop software for BCAO.
BCAO can ask PM or Parliament or both for funds necessary to obtain information on illegal immigrants
BCAO will open counters in Indian Embassy in Bangladesh, Pakistan, Sri Lanka other countries where Hindus are persecuted. Any Jain, Buddist, Sikh or Hindu who is persecuted in that country can approach him. In case of Sri Lanka, it would only include Tamil Jain, Tamil Buddist, Tamil Sikh or Tamil Hindu
BCAO may appoint for National Level Jury to examine his claims.
National Level Jury will consists of 24 citizens chosen at random from the voter list of India. BCAO may use video conferencing so that Jurors do not need to assemble at one place. BCAO will prepare the details of selection procedures and use them after approval of Parliament or citizens. (*)
If over 75% of Jurors declare that complainer is indeed a member of battered community in Bangladesh, Pakistan etc, then BCAO will grant him residency in India, and the complainer will be able to work and stay in any district of India except border districts, North East, West Bengal and Coastline districts
(* – to see one possible implementation of Jury System pls see chap-21 and section on Draft to bring JurySys in India. BCAO can propose this or any procedure code, and use the code after approval of PM, MPs or citizens. The RTR over NADO, PM and MPs and will ensure that BCAO takes a procedure code acceptable to citizens.)
32.3 What can YOU do to help Hindus in Bangladesh, Pakistan, Sri Lanka
IMO, we activists convince PM to print TCP-draft in the Gazette. Using TCP, we activists can then gather public opinion on two drafts mentioned above in this chapter. These drafts will enable members of battered communities such as Jains, Buddhists, Sikhs and Hindus in Pakistan and Bangladesh to gain residency and later citizenship in India. Thus you can help Hindus in Bangladesh, Pakistan, Sri Lanka etc.