Women are
leading the resistance against the unconstitutional Citizenship Amendment Act
ByEnda
VerdeandChandan Kumar
On the 4th
of December 2019 the Hindu nationalist Bharatya Janata Party (BJP)-led
government of India
introduced the Citizenship Amendment Bill (CAB) in parliament. By the 11th of
December the bill had been enacted into law after being pushed through
parliamentary votes, and signed by the President. The rules of the law are
still being written and yet Home Minister Amit Shah announced on the 10th of
January 2020 that the Citizenship Amendment Act (CAA) is now in operation. By
doing so, the BJP has chosen to ignore thousands of citizens who have been gathering
on the streets to protest against the Act since the 4th of December, and who
continue to do so in defiance of state and police violence across the country.
The
protests have been fuelled by the controversial tenets of the act which
effectively deny citizenship to Muslims, as well as the knowledge that this is
part of a much longer agenda of the BJP to deepen state surveillance and turn India into a
Hindu theocracy, or what some call a ‘Hindu Rashtra.’ The Act is complex as it
cannot be seen as a stand-alone piece of legislation and the affects on people
will be different depending on the state, due to historic migration patterns
and the diversity of ethnicities across the country. Nevertheless, three core
elements can be seen to directly compromise the democratic and secular
Constitution of India, and have been the spark and fuel for protests across the
country.
Firstly,
the Act directly contradicts the fundamental rights of the Constitution,
specifically Article 14 and Article 21. Article 14 guarantees “Equality before
the law”, and Article 21 the “Right to Life”.
Secondly,
whilst it claims to grant citizenship to all minorities being persecuted in Pakistan , Afghanistan
and Bangladesh , it outright
excludes Muslims from these countries and does not provide citizenship to
minority groups from countries such as Sri Lanka ,
Tibet , Myanmar and Nepal .
Thirdly,
the entire exercise will be combined with the National Register of Citizens
(NRC), the process will force existing citizens of a country of over 1.3
billion people to prove their citizenship through appropriate certification
(birth, marriage, naturalisation), claiming that if you are truly ‘Indian,’
there is no need to worry.
In their
disregard for the Constitution, the ethno-nationalism that lies at the root of
the CAA and NRC is revealed. The arbitrary classification of citizens and
implementation processes they propose will be the beginning of a slow,
structural violence targeting the poor, marginalised and Muslim sections of
society – a majority of whom are informal workers, the backbone of India ’s
economy. Indian citizens across the country can see through the claims of
‘humanitarianism’ and argue that the implications of this act bring the BJP a
step closer towards making Muslims second-class citizens.
‘Citizens
against CAA, citizens against fascism’
The citizen
uprising against the CAA, that began in the north-eastern state of Assam (a
state already familiar with the violence of the NRC), has spread across the
country resulting in the government taking extreme measures to quell the
dissent. Internet shutdowns happened in Assam ,
Uttar Pradesh and the capital of New
Delhi , even as Prime Minister Modi called for ‘no
violence’ via his twitter account. The Indian Police announced a ban on public
gatherings of over five people on the 19th of December in most parts of
country. Protests continued, resulting in thousands of arrests and violence
against young people, mostly students.
The police
have used batons, tear gas and firing arms against protestors. Universities,
where many of the protests began, have been violently raided by police and
youth groups who appear to be associated with the BJP and Rashtriya Swayamsevak
Sangh (RSS) – a right-wing, Hindu nationalist paramilitary organisation that
supports, and is supported by, the BJP. BJP-dominated states observed the worst
violence with 23 people killed, mostly daily wage young muslim workers, and
over 1000 arrested in Uttar Pradesh, whilst states such as Maharashtra
remained calm with police supporting the non-violent protests. As protests
retain momentum, however, arrests across the country are continuing.
These forms
of state oppression are nothing new in India and neither are the acts of
dissent. What is different is that the seemingly unstoppable culture of violent
Hindu supremacy has come face-to-face with voices, acts and displays of
communal unity playing out across the country. This article offers a brief
glimpse into that complex reality through the perspectives and embodied acts of
the women who are leading the protests, with the aim to tell a larger story of
collective Indian dissent against what is potentially becoming an emerging
Hindu theocracy.
Solidarity
against state violence
Across the
country, women have been at the forefront of the protests, putting their bodies
on the line in the face of state violence and oppression. The anger and fear in
their voices and on their faces have echoed in the streets, flashed across TV
screens and circulated the internet.
As protests
moved into the capital of New Delhi ,
growing out of university campuses, police cracked down on the students of
Jamia Millia Islamia University (JMU). A recent reportcompiled by the
Independent Women’s Initiative titled ‘Unafraid: The day young women took the
battle to the streets,’ gave voice to the experiences of 18 women who were part
of the protests at JMU. The report illuminates the involvement of women across
social strata who are coming out in solidarity with students and Muslim groups
to oppose the CAA, NRC and the unfolding violence happening on their doorstep.
However, their involvement, they said, was not only about the discriminatory
Act but about fighting for the future they imagined for themselves, their
children and India .
The state
violence happening at different sites across India has been captured on video by
citizens using mobile phones, with much of the footage going viral. One
particular videofrom the JMU protests and violence shows five women shielding a
man from the police, refusing their violence, denying their authority. The
video quickly went viral and has become symbolic of the centrality of women in
the resistance against police violence. However, their act of embodied
protection is not just about bravery or love for another. It is about justice in
a fragile democracy. When the police become your attackers, citizens, friends,
family, strangers become the protectors of bodies and the rights (enshrined in
the constitution) attributed to those bodies. In doing so, the citizens of India are
becoming the upholders of the constitution.
Careful
dissent
In Chennai,
the capital of Tamil Nadu in southern India , women activists have
appropriated the traditional, everyday decorative and artistic practice of
Kolams (Rangolis) as an alternative method of expressing dissent against the
CAA. Kolams are associated with Hinduism yet widely practiced and used in both
private and public space. A gendered practice, Kolams are emblematic of
celebration and community. Its appropriation as a political tool has therefore been
impactful in raising awareness about the Act, demonstrable by its continued use
as a method of peaceful protest across Chennai and surrounding cities.
In the
capital city of New Delhi ,
the ‘Women of Shaheen Bagh’ have received wide attention, and are creating
ripple effects across the country. Since 2014, the BJP government has generated
a rhetoric of ‘saving’ the ‘Muslim woman’ through speeches, targeted policies,
and by creating a larger public notion of the ‘dangerous Muslim man’ and an
oppressive Muslim community. These same, apparently oppressed Muslim women, are
now at the forefront of the protests against the BJP’s latest anti-Muslim
political move, the CAA.
At Shaheen
Bagh, Muslim women from across class and caste backgrounds have come together
in protest by holding a continuous sit in, defying patriarchal structures and
norms that restrict their bodies, movement and time. Continuing now for over a
month, these women have redefined the very idea of a protest in the country.
Shaheen Bagh is completely leaderless, free of any NGO-isation, and it is based
entirely on a collective, shared solidarity. It has become a space of care,
redefining how care is perceived, turning ‘care’ into a form of resistance.
Babies and small children join women at the protest, where they have created a
designated area for children. There is a community kitchen, art corners, and
readings of the Indian Constitution preamble in several languages.
This
phenomenon remains unparalleled in the country and in the last week, the idea
of a peaceful sit in by mostly Muslim women, has gone viral. Now there is a
‘Shaheen Bagh’ in Allahabad , Kolkata and Hyderabad , amongst
others. The police in many of these cities, who have been ordered to take
violent action against protestors, have not been able to grasp what is
happening. The very women that the upper caste Hindutva leaders wanted to
‘save’, and free from ‘oppression’ – are the very women who will keep India ’s
Constitution alive in defiance of Hindutva. The strength of this resistance is
arguably in its multiplicity, in its resistance against three structures of
oppression: patriarchy, Islamophobia, and most of all, Hindutva: Hindu
ethno-nationalism.
These acts
of resistance to the unconstitutional CAA and NRC only catch a glimpse of the
fight for democracy happening across India . Arguably those we see and
hear are the voices of the relatively privileged, those who have the
possibility (and relative safety) to put their bodies on the line, be vocal
against the government and are receiving press coverage because of their social
capital and position. Nevertheless, the glimpse illuminates the possibilities
of collective public action and civil disobedience in a fragile democracy,
suffering fractures from the violence of a government intent on sowing seeds of
division and hate. It also sheds light on the centrality of women in the
protests, complicating the reductive stereotypes that try to define the reality
of ‘Indian women.’ The involvement of women in this fight is not monolithic or
romantic. It is as necessary and powerful as the participation of all socially
marginalised groups and the privileged, and yet it is ‘India ’s angry
young women’ whose presence is being most felt. Together citizens across
gender, age, class and caste are raising a fierce rallying cry for unity
against fascism.
(Courtesy:
Open Democracy)