The CAA Narrative is a Watershed

Moment for the judiciary not to falter

The recent enactment of the amendments to the Citizenship Act of 1955 has
left many very disturbed.

The legislation itself is undoubtedly problematic and is when compounded by

the linkages with the National Register of Citizens (NRC), creates a sense of
fear in a particular community.

The ​CAA is touted as a “fast-track” means of granting citizenship by

naturalization to what it identifies as persecuted minorities (Hindus, Sikhs,
Buddhists, Jains, Parsis, and Christians) from three neighboring countries
(Afghanistan, Bangladesh, and Pakistan). Those belonging to these
communities from these countries will not, as per the law, be regarded as
“illegal immigrants”.

It is arbitrary and violates the right to equality before law enshrined in Article
14 of the ​Indian Constitution​. It deliberately marginalizes Muslims as a
minority community and uses religious identity as the basis for granting
citizenship

The protests that have followed the ​Citizenship (Amendment) Act (CAA)​,
2019, were not surprising, but how the protesters were treated certainly is.
The nation is continuously witnessing hundreds of protests in many cities.
Most of them are peaceful like in Shaheen Bagh, Jantar Mantar, Jama Masjid,
Police Headquarters Delhi, and in many cities of India.

Can we have a corruption-free society?

These protests mainly started from the universities like ​Jamia Milia Islamia
and Aligarh Muslim university but the way how the police tried to suppress the
protests by brutally hurting the students in their campuses, by opening fire on
them in university, sparked the anger among the whole student community
across the nation. The students of various universities like JNU, DU, PU,
BHU, IITs, IIMs, and many Indian students studying in different parts of the
world also stood in solidarity with these students and protested in their
capacity.

Many of them refused to receive their gold medals, their degree during the
convocation ceremony in the presence of the dignitaries.

Police actions under question

The reaction of the law and order machinery to what were essentially
student-led peaceful protests has led to incidents of violence and loss of
property across the country, which is unfortunate. The way in which UP police
was seen misbehaving and abusing members of a specific community is
condemnable and raised serious questions on the working of police.

Why is there an uproar over Citizenship Amendment Bill

Were they having the support of their political masters when they were
targeting the peoples of Muslim community? The way in which the Firozabad
administration sends notice to the person who died 6 years ago for causing
violence during Anti-CAA protests, raises doubts. Does the police arrest the
suspects by identifying them by their clothes?
Expectations from the judiciary

The Judiciary should immediately step in and start hearing the petitions filed
by many social activists to evaluate and infer upon the situation. In the wake
of the CAA protests, the Chief Justice of India reportedly said that if
people/protesters wanted to “take to the streets”, then they need not approach
the courts.

Some could read this statement as a sort of warning that good behavior was a
prerequisite for obtaining justice. In any event, in a democracy, protest and
recourse to the judiciary are options that are legitimately available to the
people. Dissent or protest is the lifeline of a democracy. But, what is the
judiciary supposed to do when society as a whole is protesting? In such a
scenario, there is no clear line that can be drawn between declaring protesters
as good or bad.

This is a watershed moment for this generation of judges.

Source:
https://molitics.in/article/629/The-CAA-narrative-is-a-watershed-moment-for-the-judiciary-not-to-f
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