Shaheen Bagh, a Muslim-dominated area, in South Delhi, situated along the banks of the Yamuna, is currently in the news. Several women in a protest of ‘sit in’ for more than 70 days are yet to be placated from their predicament. Have these women been taken for a ride or are genuinely wedded to their cause? Are they against the ‘right’ politics with wrong reasons or are with the ‘left’ politics with the right reasons? Are there tell-tale winners and losers in this battle of wits? That the ongoing protest against the passage of the Citizenship Amendment Act (CAA), notified on January 10th this year, has largely been peaceful is a comment on the wisdom, perseverance and forbearance of the women.
In complete dominance, a clutch of citizenship issues like CAA, NPR and NRC have completely eclipsed and hijacked the other and more contentious problems like the police intervention against students at Jamia Millia Islamia, or the rising costs of commodities or increasing unemployment and poverty, or even more serious issue like women’s safety. That they have, since 19th December 2019, blocked a major highway causing immense hardship to people using the arterial and other nearby roads or the great physical, psychological and mental agony that the protestors themselves have been subjected to, made no impact on either the protagonists or antagonists is unfortunate.
Protests, just or unjust look to influence public opinion and change government policies. Is this protest just? The protestors believe that their citizenship rights are being overlooked and that they are being discriminated against. It However, is a fact that the Act was passed by both houses of the Parliament and has been duly notified. That this was done by a democratically elected government must be respected. Hence any subsequent protest must be seen as infructuous. In a democracy, there will always be people in support of a certain intervention and there will be others who oppose. The same democracy allows people who feel wronged, seek redressal in the Courts of the land. That this Act was also challenged in the highest Court must be acknowledged and allowed to rest until decisions emerge.
The Prime Minister and no less, has on several occasions informed all concerned that the Act does not affect any Indian and that it is discriminatory to none. Prudence necessitates that his word must prevail at least until the Courts adjudicate. What do protests serve in such a background? Protests give rise to counter protests and the people tend to take sides. Extreme forms will cause vertical and even horizontal splits that will be difficult to bridge.
Right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedies are enshrined in the Constitution. Right to protest as in Article 19 (1) (3) is However, subject to “reasonable restrictions” one of which is that the public order is not disturbed. While no human rights instrument or national constitution grants the absolute right to protest, it must be a manifestation of the right to freedom of assembly, the right to freedom of association, and the right to freedom of speech.
As free citizens, what we conveniently forget, are the duties that we are bound by, along with the rights that we enjoy. Abiding by the constitution, respecting national flag & national anthem, following ideals of the freedom struggle, protecting sovereignty & integrity of the nation, defending the country and rendering national services when called upon, upholding the spirit of common brotherhood, preserving composite culture, preserving natural environment, developing scientific temper, safeguarding public property, striving for excellence and as parents, ensuring that the children complete schooling, are all duties that we must not forget. Built within these duties, is a duty that we must respect and ensure, is the right to quality life of fellow human beings.
Does the Shaheen bagh protest not violate the rights of others while ensuring the rights of its own? Have the protestors complied with the duties that they are obliged to perform when they proudly display placards for justice and swear by the constitution? A mass of people are inconvenienced each single day, since the routes they take to reach their places of work are either blocked by the protestors or the by the security forces deployed. The protestors cite several important roads dug up for days and months, for infrastructure upgradation and project overshoot delays or those that are just not repaired, which inconvenience people, but that only their protests are called? On the legal side, have the protestors ensured that they have a police permit and an NOC? Have they included the reasons for the protest, duration, the number of people expected to participate, and the areas that they will use which may result in blockades? Have they submitted an affidavit to the police seeking permission? In the absence of these are they not liable to be evicted?
The legal flip side is even more interesting. There are several children at the protest site. It is unfortunate that a child died due to extreme cold. It is another matter that many of the parents sitting in protest are daily wage migrant workers living in adjoining ‘jhuggis’ in so called plastic tents as homes. A twelve-year-old bravery award winner, herself a child, has in a way protested the death of this child which was converted into a petition by the SC. Do children have a right to protest? Mothers as citizens, admittedly have a right to protest. If mothers were not allowed to carry children, their own right will be curtailed. Logic extended will force mothers, not to carry their children even to their places of work rendering their mobility to earn a living in jeopardy. Does the State then, not have the duty to provide day care centres wherever they are required? What then would be the basis on which it is decided that the petitioner child is a valid exercise of the child’s agency and the other is not? Shaheen Bagh protestors having thus opened up many fronts and bared their plight to the public eye, must gracefully exit for the system to respond. There is no war won if there is no middle ground explored. One must never protest so much, so that people will ‘hate that they love it’ and ‘not love that they hate it.