India, a vibrant mosaic of cultures, religions, and histories, thrives on its diversity. Yet, divisive claims, such as the unverified assertion by BJP MP Nishikant Dubey about “over 5 lakh Pakistani women” living illegally in India, threaten to unravel this unity. Spread through social media, these narratives falsely brand these women and their children as security threats, unfairly implicating India’s 20 crore Muslim citizens. Such rhetoric lacks evidence and undermines India’s constitutional commitment to equality and justice. As a veteran and advocate, I call for fostering unity, ensuring equal citizenship rights for all, and holding accountable those who spread hate, drawing on Supreme Court judgments, international treaties, and India’s post-1947 rehabilitation policies.
Unmasking Divisive Narratives with Facts
The claim of “5 lakh Pakistani women” illegally residing in India is unsubstantiated. The 2011 Census recorded just 1.18 lakh foreign nationals in India, with a tiny fraction from Pakistan. UNHCR data for 2024 estimates fewer than 2 lakh refugees and asylum seekers, primarily from Myanmar and Afghanistan, not Pakistan. No official report corroborates Dubey’s figure, suggesting these claims are exaggerated to incite fear. The notion that these women’s children will form a “fifth column” or that Indian Muslims will be blamed for their alleged crimes is a baseless generalization. It ignores the historical reality of cross-border migrations due to the 1947 Partition, which left families divided, and the humanitarian context of refugees and mixed marriages.
Constitutional Guarantee of Unity and Equality
India’s Constitution is a beacon of equality. Article 14 ensures equality before the law, while Article 15 prohibits discrimination based on religion, race, caste, sex, or place of birth. For India’s 20 crore Muslim citizens, these provisions affirm their equal status. The Supreme Court has consistently reinforced this commitment. In Pravasi Bhalai Sangathan v. Union of India (2014), the Court noted that hate speech undermines social harmony and dignity, emphasizing that “participatory equality fosters self-worth among citizens”. In Amish Devgan v. Union of India (2020), it ruled that hate speech threatens national unity, advocating legal action against those inciting hostility.
The Supreme Court’s November 13, 2024, ruling against ‘bulldozer justice’—arbitrary demolitions targeting minority communities—reaffirms this stance. Declaring such actions unconstitutional and akin to “collective punishment,” the Court issued guidelines to prevent discriminatory practices. These judgments underscore India’s duty to foster unity and protect all citizens from vilification, ensuring their equal rights.
International Obligations and India’s Global Standing
India’s commitment to equality extends to international treaties. As a signatory to the International Covenant on Civil and Political Rights (ICCPR), Article 20 mandates prohibiting advocacy of religious hatred that incites discrimination or violence. The Universal Declaration of Human Rights (UDHR) sets standards for equal treatment under Articles 2 and 18, which India upholds. The principle of non-refoulement, part of customary international law, prohibits deporting individuals to countries where they face persecution, relevant for Pakistani nationals legally in India. Calls for mass deportation based on unverified claims violate these commitments and risk global criticism.
Post-1947 Rehabilitation: A Legacy of Compassion
The 1947 Partition displaced millions, prompting India to adopt humane rehabilitation policies. The Displaced Persons (Compensation and Rehabilitation) Act, 1954, facilitated the resettlement of refugees, including those who stayed in or returned to India. The Liaquat-Nehru Pact (1950) ensured minority protections in India and Pakistan, guaranteeing equality and security. These policies reflect India’s commitment to embracing diversity, contrasting sharply with demands to deport women based on unproven allegations. The legacy of 1947 reminds us that India’s strength lies in inclusion, not exclusion.
Holding Hate-Mongers Accountable
Those spreading divisive narratives, like the claims amplified on social media, must face accountability. The Supreme Court has provided clear guidance. In Tehseen Poonawalla v. Union of India (2018), it issued directives to curb hate crimes, mandating nodal officers and fast-tracked prosecutions. The Charu Khurana case (2014) highlighted that hate speech disrupts collective harmony, urging robust legal action. The Indian Penal Code, under Sections 153A and 295A, criminalizes promoting enmity between religious groups and outraging religious feelings, offering tools to prosecute offenders.
The government must also regulate online hate speech under the Information Technology Act, 2000, and intermediary guidelines, which require platforms to remove content inciting hostility. Civil society, including organizations like Amnesty International, has documented hate campaigns, urging accountability for complicit authorities. Public figures must face scrutiny through electoral reforms or public censure to deter fear-mongering.
A Roadmap for Unity and Justice
To foster unity and ensure equal rights for all, India must:
- Enforce Legal Accountability: Swiftly prosecute hate speech and violence, adhering to Supreme Court guidelines.
- Promote Inclusive Dialogue: Engage all communities in policymaking to counter alienation.
- Strengthen Security with Humanity: Address illegal migration through verified data and legal processes, respecting international obligations.
- Educate for Harmony: Launch campaigns to combat stereotypes, using the Supreme Court’s gender stereotype handbook as a model for inclusivity.
As a veteran, I have witnessed India’s resilience against external threats. As an advocate, I uphold the Constitution’s promise of justice. Our nation’s strength lies in unity, not division. Let us embrace all citizens as equals, reject hate, and hold accountable those who fracture our harmony. India’s future shines brightest when built on truth, compassion, and solidarity.
