Section 6A of Citizenship Act

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Section 6A of the Citizenship Act faces criticism for constitutional flaws and its impact on Assam's cultural and linguistic identity.

Section 6A of the Citizenship Act provides citizenship for migrants from East Pakistan (Bangladesh) who settled in Assam before March 25, 1971. A recent Supreme Court judgment upheld its validity but raised concerns over its impact on Assam's demographics and cultural identity. The judgment highlights that Assam bears a disproportionate burden of migration compared to other states like West Bengal, with significant impacts on the Assamese population.

Constitutional gaps include a potential violation of Article 29, which protects distinct cultural and linguistic identities. Section 6A’s provision for regularizing migrants undermines the Assamese community's ability to conserve their culture. The judgment also fails to fully evaluate the demographic and linguistic impacts, such as the decline in the Assamese-speaking population from 69.3% to 48.3%.

The provision faces criticism for being arbitrary and imposing an unfair burden on Assam while neglecting its cultural rights. It also lacks sufficient mechanisms for identifying undocumented migrants and imposes delays in determining citizenship. The system slows down legal processes, leaving affected individuals in limbo.

The editorial notes that while Section 6A aims to balance humanitarian needs and constitutional protections, it disproportionately affects Assam. Its flaws undermine the Assamese identity and cultural preservation, necessitating a review to address constitutional violations and demographic concerns.