No stay for now in the new citizenship law: Indian Supreme Court
By Ravinder Bawa
04:07

More than a hundred petitioners were disappointed on Wednesday when the Supreme Court of India struck down their request to put a new citizenship law on hold. The court granted the government a month to respond to a clutch of petitions challenging the new citizenship law, which lays out a path for citizenship of non-Muslim religious minorities from neighboring Muslim-majority countries – Pakistan, Afghanistan and Bangladesh. 

The law, which came into effect on January 10 after being passed by the parliament in December, is being opposed nationwide. Critics say that it discriminates based on religion and violates the constitution.  

Senior lawyer Sanjay Hegde explained why there is furor around the new bill. 

"Questions of citizenship were earlier not litigated. It is only in the past decade specially with the experience in the north Indian state of Assam where people have been designated as citizens or non-citizens that a furor has been created," he said.  "People are fearing that similar things will happened all over India. If you are a citizen, then all is well, and if you are not a citizen, then there is a possibility that you may be detained or disenfranchised, and you will not have access to public policy. There is a furor because a primary question which is being asked now, who is really an Indian citizen."

"When you link that question with religion that people of only these religions can apply on a fast-track for citizenship, you are implying that people who follow the Muslim faith are not welcome; that is how the messaging has been projected. This new law has left a lot of people anxious and apprehensive, and after all, Muslims are about 14 percent, about 200 million people. It is like a child is suddenly being told that there is a doubt on parentage," he added.

Lawyers talk on the lawns of India's Supreme Court as it begins hearing dozens of petitions that seek revocation of a new citizenship law amendment in New Delhi, India on January 22, 2020. /AP Photo

Lawyers talk on the lawns of India's Supreme Court as it begins hearing dozens of petitions that seek revocation of a new citizenship law amendment in New Delhi, India on January 22, 2020. /AP Photo

India has witnessed huge protests since the day the law has been passed. In some places, the protests turned violent, resulting in loss of lives and damage to public property. On Wednesday, when the Supreme Court declined petitions to suspend the implementation of a new citizenship law, reactions started pouring in on social media. At Shaheen bagh, which has become the epicenter of a peaceful women-led protest, all spoke in one tone, "We will intensify our protests till the law is withdrawn." 

One of the political leaders Yogendra Yadav tweeted, "The court is a reluctant warrior in the battle to defend letter, spirit and soul of the constitution. Then movement to save the constitution will continue."

Wednesday also saw a huge protest march in the eastern state of West Bengal led by Chief Minister Mamata Banerjee. She came down heavily on Home Minister Amit Shah, saying she will not rest till the law is repealed. 

"Please keep this movement alive until CAA, NPR, NRC are withdrawn. This is a fight for our lives; this is a question of our rights, and this is a question of our citizenship...question of united India. It is the idea of united and secular India which has brought thousands together to protest against the law," she said.

Despite the protests, the government has made it clear from many platforms that whoever wants to protest against the law can protest, but there is no question of taking it back. 

(Cover: Indians block a road as they participate in a rally to protest against a new citizenship law in Kolkata, India, January 21, 2020. /AP Photo)

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