Citizenship Amendment Act (CAA): One year since contentious law was passed by Parliament

After a year since the Citizenship Amendment Act (CAA) was passed by the Parliament, the Central government's explanation about the act has done little to assuage the concerns of those opposing it. While the anti-CAA protests came to an end due to the Coronavirus (COVID-19) pandemic, eyeing on West Bengal elections, BJP has said that they will implement the citizenship law from January 2021. Protests have begun again in part of Assam at a time when Central government is already facing a massive farmers' protest against its three farm laws. Here's a look back at the year since the Citizenship Amendment Act (CAA) was passed:

What is the Citizenship Amendment Act (CAA)?

The Citizenship (Amendment) Act (CAA) seeks to grant citizenship to non-Muslim migrants belonging to Hindu, Sikh, Buddhist, Christian, Jain and Parsi communities who came to the country from Pakistan, Bangladesh and Afghanistan on or before December 31, 2014. The Parliament passed the Citizenship Amendment Bill on December 11, 2019, and President Ram Nath Kovind gave assent to the Citizenship (Amendment) Bill, 2019 on December 12.

Jamia violence 

Jamia Milia Islamia University students called a protest against the Citizenship Amendment Act (CAA) on December 12. Students claim that they were holding a peaceful protest and situation became tensed when miscreants from outside stone-pelted at Delhi Police present outside the university campus. Police claim that when they tried to stop them, they turned violent and set vehicles on fire. Police also say that the protestors then ran inside the university campus and Police followed them inside. While students criticised the police action of barging inside the campus without permission, Police maintain that action was taken against the miscreants and not students. Students also allege that police entered the campus, including the library, and used tear gas shells, video of which went viral last year. 

Centre's stance and anti-CAA protests

Since the passage of the CAA, widespread protest began opposing the Act. Opposition leaders and activists claimed that the citizenship amendment act when coupled with NRC, will lead to ostracization of Muslims in the country. They claimed that Hindus whose name will be excluded from NRC would get citizenship with the help of CAA, but Muslims will have no way out. While the Central Government including Prime Minister Modi and Home Minister Amit Shah have said that no one would lose their citizenship due to CAA, many activists have been booked for statements against the CAA. 

While thousands were detained by the police throughout the country, at least 27 people died prior to the Delhi riots. Several universities  - Jamia Millia, Aligarh, Madras University witnessed clashes between police and students which resulted in alleged lathi- charging, tear gas, and rubber pellet action by police and vandalism by protestors. All protests ground to a halt after the Delhi riots in February.

While the BJP has maintained that NRC, CAA and NPR were not linked, most Indians have deemed it an attempt to disenfranchise minorities. The BJP which had pushed for a nationwide NRC in their electoral campaigns has now rejected it with PM Modi saying that there were no talks of a 'nationwide NRC' in parliament. Currently, the NPR process too has been stalled due to COVID-19 lockdown.

Shaheen bagh protest

Shaheen Bagh protests began on December 14 where thousands of people, including women and children camped on the streets and had been a major poll controversy ahead of Delhi polls. Though PM Modi called it a 'political experiment', Congress and AAP supported the protests - offering biryani to the protestors. In spite of the Shaheen Bagh Coordination committee calling off their part of the protests on January 2, citing politicizing of the protests, the protests against NRC and CAA continued mainly led by Muslim women. As the protest continued, several pleas sought clearance of the area citing that it is causing inconvenience for commuters. Supreme Court then appointed two interlocutors - advocates Sadhana Ramachandran and Sanjay Hegde to persuade the Shaheen Bagh protestors on shifting the protest site.

The Supreme Court on October 7, said the anti-CAA protesters at cannot block public roads and create inconvenience for others, while it had earlier upheld the fundamental right to protest of the women. A bench comprising justices S K Kaul and K M Joseph said stated that although dissent and democracy must walk hand in hand, public places cannot be allowed to be occupied indefinitely in the name of protests. The Supreme Court further put the onus on the administration to ensure that public areas are kept clear of any such encroachments.

Delhi riots 

On 22 February, a group of protesters, including women, began a sit-in protest, similar to Shaheen Bagh near the Jaffrabad metro station and blocked a stretch of Seelampur–Jaffrabad–Maujpur road, as well as the entry and exit to the metro station. BJP leader Kapil Mishra and his supporters opposed the development and warned the protesters. Soon after, clashes broke out between anti-CAA and CAA protesters in Jaffrabad and Chand Bagh areas. Kardampuri and Jaffrabad were filled with anti-CAA protesters and Maujpur Chowk and Maujpur Tirahawere occupied by CAA supporters, both resorting to stone-pelting. While US President Donald Trump was in the national capital, the clash soon turned into one of the worst riots in India with houses, shops, and buses being immolated. However, the Home Minister reviewed the situation on February 24 and situation was brought under control even as the violence killed 53 and injured over 200, as per official figures.

Anti-CAA resolution

Demanding to scrap the contentious law, Kerala, Rajasthan, Punjab, Telangana, Madhya Pradesh and West Bengal have passed a resolution against CAA. Several other states like Maharashtra have openly opposed CAA-NRC-NPR and Bihar has passed a resolution in favour of old format of NPR. 

Supreme Court on CAA 

The Supreme Court heard a batch of over 144 petitions and refused to stay the Act and said that it will only decide when it hears the Centre's stance on the matter. Chief Justice of India SA Bobde while hearing a petition on August 22 observed, “Country is going through difficult times. As it is, there is a lot of trouble. The object should be to bring about peace. Such petitions don’t help. You know that there is a presumption of constitutionality (of laws). We don’t mean to be offensive but we have never heard of petitions like this asking that Act should be declared constitutional”.

The CAA was first challenged before the Supreme Court on December 12. On January 22, the top court directed the government to file its reply within four weeks and said that the matter will be taken up five weeks after the Centre's response. It directed the High Court to take up any petition that comes in the meantime. 

IUML, Congress leader Jairam Ramesh, Kerala government, RJD leader Manoj Jha, Trinamool Congress MP Mahua Moitra, AIMIM leader Asaduddin Owaisi had filed a petition against SC that was together heard by the top court. Several other petitioners include Muslim body Jamiat Ulama-i-Hind, All Assam Students Union (AASU), Peace Party, CPI, NGOs 'Rihai Manch' and Citizens Against Hate, advocate M L Sharma, and law students have also approached the apex court challenging the Act.

READ | Assam NRC Final list here: 3.11 crore included, 19.06 lakh excluded