Political Diary
New Delhi, 24 December 2019
Winter
Of Unrest
CITIZENS
VS SECTION 144
By
Poonam I Kaushish
It’s a winter of
unrest as city after city cutting across region and religion was spooked by
protests and rallies as students, civil society activists and politicians articulated
their opposition on the Citizenship (Amendment) Act (CAA) turning some campuses
like Delhi’s Jamia Millia, Aligarh’s Muslim University and Lucknow’s Nadwa University
and districts into warzones reflecting their angst against the Government.
Clearly, the Act’s
unanticipated violent consequences have overwhelmed the law forcing Home
Minister Amit Shah to brazen it out and clarify the Act did not “take away
citizenship of any Indian born in India before 1987 or whose parents were born
before 1987 are bona fide Indian citizens according to law and need not worry
due to CAA,” even as it clamped Section 144 in Bengaluru, Ahmedabad, many
cities in UP, Maharashtra etc as the police strongly crack downed on
protestors.
But what does the CAA
mean? Will every citizen have to appear before a tribunal? What happens to those who fail, would they be
deemed foreigners? What are the documents required to prove citizenship?
Certainly, the Act has
brought relief and cheer to a section of Hindu, Jain, Sikh, Christian and Parsi
refugees who will transit from living in squalid camps as ‘Stateless’ people to
Indian citizens. But it won’t change the status quo of Lankan Hindu and Afghan
Muslim immigrants.
Yet, many feel the
CAA fails the Constitutional test of treating all religions equally. Besides,
where does the Government plan to settle the refugees as already India is
bursting at its seams with a burgeoning population, limited resources and rising
unemployment.
Arguably, whether
polarisation on religious lines was part of the ruling BJP’s plan or not, some wonder
whether these were only ‘Muslim protests’. But how does one explain the strong
pushback against the CAA across the country which has provided them an outlet
to express their accumulated grievances against the Government.
Pertinently, the North East
specially Assam
which was the first to rally against the CAA has a problem not just with immigrants of any particular
religion but all migration including Bengali Hindus as it fears them.
Ironically, it was also the first State to go through the exercise of the
National Register of Citizens (NRC) which left out 19 lakh people, mostly
Hindus, but the protests have been only against the CAA.
However, unlike the region, the
rest of the country thinks the CAA is a communal problem led by vociferous
Opposition Parties. They view the CAA and the prospect of a nationwide NRC as a
fundamental shift in the secularism embedded in India’s Constitution. The
leaders appear interested in utilising the Hindu-Muslim binary created by the
Government on both.
While the Congress accuses the
Government of shutting people’s voices, friend-turned foe Shiv Sena’s Thackeray
warns against the ‘Yuva bomb’ likening Jamia to Jallianwala Bagh. DMK leader
Stalin leads protests across Tamil Nadu and Kerala sees rare camaraderie
between bitter political foes ---CPM Chief Minister Vijayan and Leader of
Opposition in the Assembly Congress’s Chennithala coming together in joint
protest.
Shockingly, Trinamool’s Mamata is out on the streets demanding a UN referendum (which she later backtracked),
making clear she will not allow CAA or NRC to be implemented in West Bengal. Understandable,
as her protestations seem to be grounded in real politik: Assembly elections
are due in 2021 and some districts have 30-35% Muslims, her vote-bank.
Congress-ruled Madhya Pradesh and Chhattisgarh along-with AAP-ruled Delhi ditto
her.
Among,
the BJP allies, the JD(U) vetoed both in Bihar and “guaranteed” the minorities
will not get a raw deal “as long as we are around". Ironically, BJD’s
Patnaik who voted for the CAA in Parliament has refused to implement it in
Orissa. The Saffron Sangh too is planning a series of workshops and lectures to
“properly” educate people , specially Muslims on the CAA.
Internationally,
Modi’s well-cultivated global image has come under some stress. The immediate
fallout of the CAA was the cancellation of Japanese Prime Minster Abe’s visit
followed by a backlash from Western countries US, UK, France etc. Bangladesh’s
Sheikh Hasina Government has also deferred State visits. The Government is
struggling to disassociate the current friendly regimes in Afghanistan and
Bangladesh from the charge of religious persecution. Universities like Harvard,
Oxford, MIT have condemned the police crackdown.
Not
a few feel that the CAA and the NRC are pieces of a larger puzzle which the Saffron
Sangh is using to recast the terms on which the Republic was founded, not
overtly by changing the Constitution, but covertly with ‘reforms’ it can
defend. Who would be against protection for persecuted minorities?
Asserted
an acamedician, “Historically, the BJP has used religious polarisation as an
electoral strategy. Now it uses the same trope to change the law. On its own,
CAA is more symbolic as it does not affect Indian citizens. But combined with
the NRC, it becomes a powerful weapon the Government can use to disenfranchise
Muslims and maintain them in a state of precariousness.
“The
objective is Hindu-Muslim polarisation all over the country, which benefits the
BJP politically as it thinks that if Muslims come together, they are not likely
to rally behind the Congress. Nevertheless the CAA has sown seeds of doubts
which is acquiring its own dynamic. A classic case of majoritarianism
road-rolling the country.”
Interestingly,
a sociologist views the CAA’s right-to-return of persecuted minorities as
‘ethnic democracy’ which resonates with BJP’s concept of a Hindu Rashtra. Some critics suggest it is a repeat of Modi-Shah’s Gujarat
model: divide, polarise, expurgate. Whereby, protests against the CAA and NRC would
have a long-term impact of reducing Muslims to second-class citizens in India,
as in Gujarat.
Countered
a Sangh leader, “The more the tukde tukde
gang, Urban Naxals and pseudo secularists rise in revolt, the more they
solidify our image as heroes of Hindutva. This is the remaking of history where
Muslim vote-bank politics will be considered political hara-kiri.”
Further,
not a few feel India needs to begin having a conversation about the kind of
secularism it wants. For under its garb all manner of assault on religion has
happened wherein various sects have fallen victim to this legalised
multi-religious State. For Muslims, secularism means their personal laws aren't
secure and for Hindus, their religious practices. Christians feel some laws
prevent them from missionary activities that could be used to target church
services.
In
the prevalent fear psychosis the Opposition and people need to debate
secularism and arrive at a consensus on what we want of future India. Merely
because there exists a word in the Constitution doesn't mean that it is
something that ought to be put beyond the realm of debate.
In
sum, it is incumbent that the Centre-States and the entire political
establishment do whatever it takes to find a solution to CAA-NRC logjam and maintain
peace. In a thriving democracy respect of citizens right to protests or opinions
of the young-old and those who agree or disagree are paramount.
In
the face of a big political challenge, the Government must initiate dialogue
with all and come up with some understanding to restore the people’s confidence
urgently. Either way nationalism is entering a new phase of assertion and
praxis. The unrest is a sign that India’s democracy is still alive and kicking!
---- INFA
(Copyright, India News & Feature Alliance)
New Delhi
21 December 2019
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