Shafeeq R. Mahajir
Demolished remains of small Bengaluru structure, home to child contemplating rubble that was home. He slept, dreamt, ate, played there with daily wage earner parents, had almost nothing. Even that almost nothing destroyed. Would he understand thrown from poverty stricken status to even more abject destitution, losing even that ramshackle shelter? In that same photograph many possibly even illegal high-rise buildings. What thoughts of bitterness will cloud his little mind, what anger smoulder as he grows?
Migrant: person who moves from one place to another, for work or better living conditions. Bangladesh to Bengaluru, 2163 km by road, 1796 km straight line. Border patrol unaware, police along route unaware, little child and destitute family travelled undetected 1800 km, meeting this reality? Demolishing structures, authorities invariably substitute calm gentle minds with ones seething in anger at partisan systems. Demolishing citizenship works the same way.
Supreme Court, conscious of partisan Speakers, recommends panel on defections. Problem, Speakers hold Constitutional office, just like judges, Governors… SC is conscious even holders of Constitutional office can be partisan! Judges hold Constitutional office. Judges vested with power to control and regulate these powers, Courts can ensure partisanship stops, can’t they?
If there can be partisan Speakers, there can be partisan Ministers. CAA protests can go on, won’t repeal, says HM. People elect ministers, to work for them, in a Constitutionally upright manner, not against them. People’s bidding is enshrined in Constitution. Vox populii, vox Dei. Millions of people protesting, yet will not step back one inch, do what you will, says HM. Should he? Depends on whether he is partisan, I suppose.
1947. Those opting for theocratic State Pakistan, for whatever reasons, land, family, belief, roots, Muslims and Hindus, Sikhs and Christians… chose Pakistan. Those opting for India, inclusive pluralistic democracy, secularism assured, for whatever reasons, land, family, belief, roots, Muslims and Hindus, Sikhs and Christians… chose India. You and I, we who stayed here, we made this India. Suddenly, a troika representing 31% decides pluralism is illegitimate, inclusiveness is anti-national, Muslims are traitors to be thrown out, Constitution hai toh hai, Hindu Rashtr shall be… Our country, Hindustan hamaara, is hijacked.
Who gave them authority? Just 31% people voted for them. 69% did not. Again, are judges not vested with power to control and regulate these politicians? Of course yes, but you see, Courts step in after abuse of power, wrong decisions… but…can’t SC stop it? Like, where there is abuse or colourable exercise of power, visit such harsh consequences on perpetrators of injustice, the message gets across fast: “Play with people’s rights, and the penalty will blow you away.” Yes … but Court can also grant four weeks to reply. Stay in the meanwhile? No stay. What? If there is damage? Well, doesn’t Court have power to restore status quo ante, force reparation? Absolutely but… it chose not to in a Masjid matter… and in how many human rights denial cases is compensation awarded? What was that? “Prevention is better than cure.” Better? One man’s better is another man’s bitter… judicial hands, presuming Constitutionality, exercise restraint. Bitter protesters can continue. Kar lo jo karnaa hai.
HM: “If any clause of CAA takes away citizenship of anyone, including Muslims, they can tell me.” Arre baba, clause will not: clauses are innocuous, implementation will be partisan, biased, prejudicial, hostile to Muslims. What did SC say? Even holders of Constitutional office can be partisan. But… “won’t repeal… not step back one inch, do what you will” and “they can tell me”… inconsistent, no? In the face of “won’t repeal, not step back, do what you will…” bol ke kyaa faayedaa?
HM: “debate is fight between those wanting good of country and those wanting to break it into pieces.” Defamation used to be an offence. Maybe in the present political climate defaming an entire population comprising millions is legitimised. Millions protesting… students, intellectuals, scientists, Nobel laureates, writers, artistes, lawyers, politicians, retired SC judges, UN officials, other heads of State are, for his team, puncture repair wallahs, want to break India into pieces! Wow! And those making partisan laws, doing volte-faces, raiding universities, wielding sledgehammers, rods, sticks, attacking students and professors, women and children, ordering jailing of protesters, registering cases against them, sealing properties…? Soldiers of the Reich?
News: Virat Sant Sammelan. VHP to help 1.5 crore refugees get Indian citizenship: door to door, identify refugees, help them procure documents… interesting: bhai, yeh refugees hai toh documents kaise procure karaaenge innke? Aage chalo: saints demand sedition charges be levelled against those opposing CAA. Qanoon ko oppose kare toh sedition charges… sedition charges mathlab no bail…baap re. Qanoon ko oppose kare toh sedition. Nahin oppose kare toh genocide? Kyaa museebath hai! But qanoon… sedition ka definition… arre…qanoon gayaa tel lene. Apunn bol diyelaa toh bol diyelaa.
Meanwhile, Sanatan Vedic Dharam members seek that Court declare beneficial schemes in favour of minorities, unconstitutional. They say Constitution (the same their leaders refer to as firangi Samvidhaan, after taking oaths of office on) does not permit special provision for minorities, seek Minority Commissions be declared unconstitutional. Notice they don’t say all schemes are bad, only those favouring minorities. Really love Muslims, don’t they? Slowly, inexorably, the noose tightens. Courts seek counters from State, not identifying fiendish anti-Constitutional attempts for what they are, attempts to tear society apart. Those who know law know hostile discrimination against people is prohibited, not affirmative action.
Their mentors in government maliciously destroy institutions built assiduously over decades, no compunction destroying. One suggested call in the Army, declare Constitution nullified! They might declare Courts unconstitutional, or just have the declaration itself declare nullifying of the Constitution is non-justiciable, covertly “confiscating” judges’ power: power to adjudicate flows from Constitution. No Constitution, no power! Like, no Citizen, no rights.
Can CAA-teams negate judges’ power, leaving none to pick up the tukde-tukde of the Constitution? October 2016 Rohingya genocide hit headlines. November 2019 saw Gambia file complaint. 23.01.2020 ICJ asks Myanmar to “take measures to prevent” Rohingya genocide. How does one prevent a past fait accompli? ICJ noted Rohingya Muslims lived in Myanmar for generations before independence, 1982 Citizenship Law rendered them stateless… Assume Myanmar says “Internal matter. Get lost!”, what can ICJ do? Nothing. Will that be of any use for Rohingyas? Now think CAA. Understand why HM says “won’t repeal, not step back, do what you will.” Hum toh kar ke rahenge. Duniya kyaa ukkhaadd legi?
Bhagvad Gita: Lord Krishna to Arjuna : “…there is nothing more auspicious for a warrior than a righteous war.(2.31) Only the fortunate warriors, O Arjuna, get such an opportunity for an unsought war that is like an open door to heaven.(2.32) … You will go to heaven if killed, or you will enjoy the earth if victorious. Therefore, get up with a determination to fight.(2.37)” The Jihad concept.
Myanmar→Rohingyas→BCA→Statelessness→Genocide. India→Minorities→CAA→Statelessness→Genocide-in-waiting? Enter CAA. India’s Citizenship Law, aimed at making tukde-tukde out of us, delete us in small separated groups, one by one. Wait and die, or remain together, resist and succeed, reclaim our Hindustan Hamaara. Ladies and gentlemen, at your doorstep. The righteous war. Options not available.
Shafeeq R. Mahajir is a well-known lawyer based in Hyderabad