CITIZENSHIP LAW FACING ODDS

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Massive protests are erupting in various states as also the national capital over the Modi government’s introduction of the contentious Citizenship Amendment Act, which is now law after passage of the bill in both Houses of Parliament and assent from the President. Protests apart, the ball will now likely be in court and petitions are already being moved in this direction.

What started as an offensive last week from Assam – where citizenship has been a major issue for long years – has spread over the days to Meghalaya, Tripura and several other states. By Monday, the epicenter of the protests was the national capital, while West Bengal has been witnessing large-scale protests and some violence. Internet has been blocked not only in Assam for the past week, but Calcutta too has been partially blocked. Several cities in the South are also seeing street protests.

With several Metro stations shut in Delhi following eruption of violence at Jamia Millia Islamia University campus on Sunday night as also at other places, life has been seriously hit. Students of IIM Ahmedabad have also taken to the streets to protest against this new partisan law. The arrival of Congress general secretary Priyanka Gandhi at India Gate to express her support to the protesters Monday meant the Opposition Congress party would lend full support to demand for a pull-back of the legislation. The backing that the Citizenship Amendment Bill got from some regional parties meant the Opposition as a whole is not on board in opposing the legislation. Most of the regional outfits that have supported the passing of the bill in the Parliament may find themselves politically cornered and possibly made irrelevant if students and youth resent in large numbers across the nation. The Shiv Sena  saved its skin by remaining neutral, and keeping away from vote despite its avowed support even to the discriminatory nature of the bill – of singling out Moslems from grant of citizenship to the ‘illegals’.

Both Constitutional and humanitarian issues are involved. The issue is also bound to get intertwined with another drive by the BJP-led Central government in relation to the National Register of Citizens (NRC), which is now being extended nation-wide after its initial go in Assam. Experts feel both NRC and CAA are twins and need to be read in tandem. The large-scale exclusion of Hindoos from the NRC exercise in Assam, as could happen in West Bengal too, is what the Centre is essentially trying to set right through the new Citizenship law. In the process, however, the Modi government is keen on excluding Moslems under the pretext of them being ‘illegals’. The provision in the bill discriminating against people on the basis of religion, vis-à-vis identification and deportation, is facing flak from many quarters. Deportation, for example, is an absurd idea. After Partition of the country in 1947, there were millions of Hindoos who stayed back in East Pakistan (now Bangladesh) and West Pakistan. They trusted their neighbors and loved their motherland. Similarly, millions of Moslems stayed back in India trusting their neighbors and loving their motherland. It is also easy to understand that both, Hindoos who stayed back in Pakistan and Moslems who stayed back in India did not believe in the politically motivated division of this nation. History tells us that while Gandhi, Sarat Chandra Bose and many others did not support Partition, many petty politicians wanted it to happen. Political forefathers of those in power today were prominent in their support for a 2 Nation theory. They actively created this problem and are actively trying to reap benefits from a long-standing misunderstanding created by those very groups of people.

This cannot escape the attention of the Supreme Court. Indian Constitution, in specific, rules against discrimination between people based on caste, creed, race and religion. At the same time, argument is also that the action against ‘illegals’ is different from action against citizens.

West Bengal chief minister Mamata Banerjee led a major protest march in Calcutta against the Centre’s moves vis-à-vis Citizenship law as also NRC, the shadow of which has reached her state. The protests have support from the Left as also a host of other regional parties, the Muslim League and the AIMIM, besides the Congress. Collectively, the protest is bound to be massive and chances of violence are high. Put together, the issue is emotive in nature as it challenges the very survival of large sections of people who have always been residing in this country. The Damocles’ Sword of being dragged to detention camps, followed by deportation to god-knows-where, hangs over the heads of millions of families.

While illegal migrations cannot be encouraged, the sensitivities involved in the exercise cannot be overlooked. Driving them out in a ham-handed manner is neither advisable nor acceptable. Grant of citizenship in a selective manner based on religion is objectionable in a secular nation like India. Secularism is one of the foundational principles of Indian Constitution and legal experts point out that such tenets cannot be changed by a voting in Parliament or a mere presidential assent. People have a right to protest and press home a point, but, at the same time, the last word on the new law will likely rest with court. This will also help the aggrieved parties buy time. Under the circumstances, it is for the Union government not to act foolhardy only for political gains but to keep the future of the country at heart also and avoid any violent turn to the protests.

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