Source:- thewire.in<\/p>\n\n\n\n
‘The Centre’s new citizenship law imperils India\u2019s constitutional values. No person who wants democracy to flourish can afford to be silent in this struggle against communalism.’ <\/p>\n\n\n\n
India\u2019s history in the first half of the \n20th century is immortalised by our glorious national struggle against \ncolonialism. In these early years of the 21st century, it will be our \n\u2018national struggle against communalism\u2019 that would define us and our \nhistory.<\/p>\n\n\n\n
The fact that so many of us are out \nthere on the streets, and that gatherings such as this are happening \nacross the country, are indicators of what our nation thinks at this \npoint of time. We do not have an iota of doubt, that India\u2019s secular \nstructure is facing a profound crisis, that our constitution is under \nthreat, and that our democracy itself is sought to be fundamentally \nundermined, by the communal forces. <\/p>\n\n\n\n
While a series of interventions with a \ncommunal agenda, have been made by the ruling dispensation, it is the \nCitizenship Amendment Act, 2019, that has proved to be last weapon which has strongly pierced the secular mind of\n our people. It has rekindled the spirit of our nationalist movement. \nUnity of people who comprise the vastness that is India is in full \ndisplay against forces which narrows our vision. <\/p>\n\n\n\n
When the central government seems determined\n to go ahead with a legislation that is counter to the basic tenets of \nour constitution, the people of the country have a historical \nresponsibility to ensure that the lofty values enshrined in the Preamble\n of our constitution are preserved and protected. It is in line with \nthis spirit that the Government of Kerala and the Legislative Assembly \nhave taken a strong stand in defence of the secular principles intrinsic\n to our constitution. <\/p>\n\n\n\n
When the values envisioned in our constitution are flouted, it is quite natural that the people as a whole react to it in protest.\u00a0 Protests are to be carried forward in many realms. <\/p>\n\n\n\n
One, by brining issue before the Courts \nof law competent to determine the constitutionality of the new move. Yet\n another one is to move resolutions in the Legislative Assemblies seeking withdrawal of the CAA 2019. <\/p>\n\n\n\n
Last but not the least, are the peaceful protesters articulating the feelings of the vast masses of our society. All these are happening in our country today. I am happy to say that the state of Kerala has championed this cause, by making all these things happen there in the initial days itself.<\/p>\n\n\n\n
The state government has filed a suit before the Supreme Court invoking its\u00a0 original jurisdiction under Article 131 of the constitution, challenging the validity of the CAA,2019. The Kerala Legislative Assembly unanimously adopted a resolution stating that the amendment is detrimental to the basic tenets of the constitution. Apart from all these, all the non BJP political parties who have representation in the assembly, other democratic parties and the socio religious formations stages satyagraha<\/em> as a sequel to the passing of the Citizens Amendment Act. The LDF held rallies and organised a massive human chain across the state on Republic Day. <\/p>\n\n\n\n The rallies, conferences and the human \nchain had a rich representation of the cultural diaspora and this was \nnoted all over the country. Instead of seeing this as a problem confined\n to one or another religious formation, we have chosen to adopt a stand \nthat this is an issue confronting every citizen of this country \nregardless of religion, caste, creed etc. It is against this backdrop \nthat we made it sure that no communal outfit hijacks the protests lest it should help the Hindutva forces to defend the indefensible. <\/p>\n\n\n\n We have taken care that the agitation should be peaceful\n and there should not be any sort of violence. We have strictly adhered \nto the slogans that are raised in defence of our constitution. In this \ncontext it is worth mentioning that the state of Kerala\n has been able to persuade some other states to adopt a similar stand in\n defence of our constitutional values and secular fabric of our polity.<\/p>\n\n\n\n In the light of Kerala taking the lead in\n this national struggle against communalism, orchestrated campaigns \nwhich seek to cast aspersions on the efforts of the Government of Kerala\n are being waged. The constitutional validity of the government of \nKerala\u2019s interventions \u2013 the resolution adopted by the KLA, the suit in \nthe SC, our cabinet decision,\n and so on \u2013 is being questioned. Therefore, it is imperative to present\n the constitutional validity of our actions. I deem it essential, as it \nis required to counter the disinformation campaigns being run across the\n country, as well.<\/p>\n\n\n\n State ministers take the oath as prescribed in the Third Schedule of the Indian constitution. It begins with, \u2018I solemnly affirm that I will bear true faith and allegiance to the constitution of India as by law established\u2019 and ends with \u2018I will do right to all manner of people in accordance with the constitution and the law without fear or favour, affection or ill-will\u2019. Our duty is to stand by the constitution, to protect it and to uphold it, in all our actions. That is precisely what the government of Kerala is doing right now.<\/p>\n\n\n\n The only provision in the constitution \nthat limits discussion in the Legislature is the Article 211 of the \nconstitution, which curtails discussions on the conduct of judges in the\n Supreme Court or high court. It states, \u2018No discussion shall take place\n in the legislature of a state with respect to the conduct of any Judge \nof the Supreme Court or of a High Court in the discharge of his duties.\u2019\n Apart from that, state legislatures can discuss any issue that it deems\n fit and pass resolutions as well. The Kerala Legislative Assembly has \npassed a resolution demanding the Central Government to repeal the \nCitizenship Amendment Act, 2019. constitutionally, a state assembly can \ndo so; it is well within its constitutional powers.<\/p>\n\n\n\n Even the act of challenging the CAA in \nthe Supreme Court is based on the Indian constitution. The suit is \ninstituted under Article 131 of the constitution which essentially \nstates that, the Supreme Court has original jurisdiction in any dispute \nbetween the government of India and a state; if the dispute involves any\n legal or factual question on which the existence or extent of a legal \nright depends. <\/p>\n\n\n\n Kerala has prayed before the Supreme Court to declare the CAA to be void as it is ultra vires our constitution, against its basic structure and violative of Article 14 \u2013 equality before law, under the Right to Equality, Article 21 \u2013 protection of life and personal liberty, under the Right to Freedom, and Article 25 \u2013 freedom of conscience and free profession, practice and propagation of religion, under Right to Freedom of Religion, of the Indian constitution.<\/p>\n\n\n\n Taking a cue from the actions of the Kerala society and the state\u2019s government, many other state governments have also opined that the CAA is blatantly unconstitutional and that the CAA-NRC combine is fundamentally discriminatory. Some have stalled the NPR process. Some have passed resolutions in their Legislative Assembly against the CAA. Many Chief Ministers have called for its repeal and said that the CAA-NRC won\u2019t be implemented in their states. When the Left has been in Government we have made every effort\u00a0 to use the machinery at our command to preserve communal harmony; and otherwise, we have organised the masses to ensure such harmony. The LDF Government in Kerala is privileged that the nation has bestowed the mantle of this struggle against communalism on us. <\/p>\n\n\n\n The CAA, 2019, has imperilled the \nnation\u2019s constitutional values, and it must be rejected for three \nreasons. First of all, it is against the letter and spirit of our \nconstitution. Secondly, it is divisive, deeply discriminatory and \nviolative of human rights. And third, it seeks to impose the politics \nand philosophy of Hindutva, with its vision of a \u2018Hindu rashtra\u2019, on our\n entire people and on the basic structure of our polity. <\/p>\n\n\n\n The attacks against rationality and \nscientific temper are also part of their larger game plan. It will only \naid their efforts to divide and rule. Therefore, our resistance against \nsuch divisive agenda should foster the scientific temper and promote a \nrational approach as well. We cannot postpone our united resistance \nagainst their assault on secularism and democracy. No person who would \nlike our democracy to flourish and emerge more inclusive, can afford to \nbe silent and uninvolved in this struggle against communalism. <\/p>\n\n\n\n What do we mean by the spirit of the constitution? We associate the drafting of our constitution with the rich debates of the Constituent Assembly, and the wisdom of its members, amongst whom Babasaheb Ambedkar stands tall. It is often not recognised, however, that it was the heroism of millions of unsung freedom fighters that made our constitution a reality. These men and women, who came from the working class, peasantry, and socially marginalised groups \u2013 whatever was their religious persuasion, challenged the colonial authorities in their struggle for human rights and economic justice.<\/p>\n\n\n\n The CAA, 2019, is divisive, deeply \ndiscriminatory and violative of human rights. I need not go into the \ndetails of the dangers associated with questioning the idea of equality \nunder law, especially in a country such as ours, where systemic \ninequality has been perpetuated for centuries.<\/p>\n\n\n\n As I have mentioned earlier, our national\n unity was won through struggle; the CAA is one of the many threats to \nits survival. Our constitution, which we have given to ourselves \nrecognises individual and social differences, and that we must weave the\n cord of unity by creating a sense of belonging and inclusiveness for \nall.These values emerged from the nationalist movement which was a long \nand arduous struggle against colonialism.The CAA, 2019, attempts to \ncreate and deepen communal division and social polarisation in the \ncountry which are alien to the fabric of polity we made for ourselves in\n the early years of our attaining hard won freedom. <\/p>\n\n\n\n Though CAA, 2019, has been pushed through in both the\u00a0 houses of the Parliament by the political formations that are part of, and allied to, the Hindutva forces, India\u2019s young citizens have come together to reject the attempt to polarise our people on communal lines. They have denounced this Act as discriminatory and violative of human rights.<\/p>\n\n\n\n The CAA, 2019, underlies the agenda of \nHindutva and its ultimate goal of establishing a \u2018Hindu rashtra\u2019. It is \nwell established both by past experience and the present actions of the \nSangh Parivar. Madhav Sadashiv Golwalkar propounded his theory of India \nas a \u2018Hindu Nation\u2019, where other religious communities had no rights of \ncitizenship. He had also put forth the creation of a unitary state as \ntheir goal, so that the plurality and diversity of our country could be \nundermined. <\/p>\n\n\n\n In We, Our Nationhood Defined<\/em>, he stated: <\/p>\n\n\n\n \u201cGermany \nshocked the world by her purging the country of the Semitic Races \u2013 the \nJews. Race pride at its highest has been manifested here. Germany has \nalso shown how impossible it is for Races and cultures, having \ndifferences going to the root, to be assimilated into one united whole, a\n good lesson for us in Hindusthan to learn and profit by.\u201d (Chapter 3, \npage 88).<\/p>\n\n\n\n I am not elaborating on this further. \nSuffice it to say that this goes against what we have given unto \nourselves and defended through mass movements.<\/p>\n\n\n\n Friends, we must ask the pertinent question as to why this communal agenda is being projected. The economic policies are playing havoc with the lives of lakhs of\n our citizens each day. Over the last quarter of a century, every half \nan hour, a farmer is forced to give up his life. The recently released \nNCRB data states that 10,349 farmers committed suicide in 2018 alone. \nHowever it is worth mentioning that the historic long march of the \nfarmers in the recent past also happened here.<\/p>\n\n\n\n India\u2019s GDP growth rate has plummeted, industrial production has slowed down considerably, unemployment is at a 45 year high, consumer spending has fallen for the first time in 40 years, millions are falling below the poverty line and there is a stark rise in inequality. Our economic situation is in such shambles that even international agencies like the IMF are faulting India for the global economic slowdown. Instead of taxing the super rich and undertaking welfare measures at this juncture, the Centre is more interested in eating up the RBI\u2019s reserves. Just a few months back, revenue to the tune of\u00a0 Rs 1,45,000 crore. was given up as corporate write offs. We are indeed in dire straits. Let me not go into further details owing to\u00a0 want of time. We are warned that without structural interventions to address these systemic issues, there will be no turn around. Still, there is no course correction, as far as India\u2019s overall economic trajectory is concerned. <\/p>\n\n\n\n The way forward is to intensify our peaceful yet forceful struggles. <\/p>\n\n\n\n In our our workplaces, in our homes, \neducational institutions, in our WhatsApp groups and even in public \ngatherings, discourses about the need to resist the communal onslaught \nneed to take place. We should be able to expose the hollowness of the \ncommunal politics which sows hatred and reaps violence. <\/p>\n\n\n\n In the past, our movement\n was against the colonisers. In the present our struggle against \ncommunalism is a movement against those who stood with the colonisers. \nBack then the colonisers tried to disrupt the people\u2019s unity by dividing\n us on communal lines. Today, the communal elements are using the same \nstrategy experimented by their previous masters. In the face of untold \neconomic miseries and emerging people\u2019s resistances, they seek to break \nthe unity of workers, farmers, students, Dalits and adivasis, in the \nname of religion. We should be able to see through these sinister \ndesigns, and defeat them. <\/p>\n\n\n\n It\u00a0 is heartening that I can see many young faces in front of me here today. Let me take this opportunity to salute them in particular, and express solidarity with their secular and democratic movements that seek to resist the communal onslaught on our secular, plural and democratic values, which we are committed to defend.<\/p>\n\n\n\n <\/p>\n