NEWS: Jamia Millia Islamia goes hand in hand with CAA 2019 protests & bloodshed

By Legal Wires 9 Minutes Read

The Citizenship Amendment Act protests are a string of unending protests in India against the Citizenship Amendment Act, or CAA.

The Citizenship Amendment Act of 2019, was approved by the Parliament of India on December 11, 2019, that amended the Citizenship Act of 1955 by enabling a path to Indian citizenship for unlawful migrants of Hindu, Sikh, Jain, Christian Buddhist & Parsi religious minorities. They had flown oppression from Pakistan, Bangladesh, and Afghanistan before December of 2014. However, Muslims from those countries were not offered the same. This was the first time when the religion had been explicitly used as a standard for citizenship under Indian law which was highly criticized as discrimination based on religion, specifically for excluding Muslims.

This legislation resulted in large-scale protests across India. With the severe protests in states like Assam, significant protests against the Act were recorded at universities in India. Students at Aligarh Muslim University and Jamia Millia Islamia charged cruel control by the police. On December 15, hundreds of police officers vehemently move into the campus of Jamia Millia Islamia University, where protests were being conducted, and arrested the students. Police use up batons & tear gas upon the students, which resulted in the injury of more than 200 students and detainment of an equal number for overnight in the police station. An LLM student, Mohammed Minhajauddin, was blinded in one eye during the police crackdown. They also entered the university’s library & washrooms and in the course of the violence vandalized parts of it. This action of the police was broadly criticized and resulted in student’s protests throughout the country in solidarity. News channels relayed the pictures of students being pulled and assaulted by the policemen. About two hundred people were bruised & injured and were admitted to AIIMS & Holy Family Hospital. The Human Rights Watch asked the Indian government to order an investigation into the attack.

An amendment is a procedure established by law, i.e. law permits to change the established rules in consideration with and the demand of the present situation and a further amendment is enshrined in the Part XX (Art.368) of the Indian constitution. But the constitution has also laid a set of fundamental rights which guarantees a rightful living of people. In the present case of Jamia University, Jamia’s students were protesting against the CAA for the violation Articles13[1], 14[2],15[3],16[4] & 21 [5]. The Act of police officials of brutally beating the students leading to even blindness of a student was a direct violation Art .21, which ensures the safeguarding of life & personal liberty. Also, it is the violation of Art19(1)(a) & 19(1)(b) which provides freedom of speech & expression & to assemble peacefully without arms, respectively.

On Monday, The Delhi HC requested response of the Centre, AAP govt. And police on the appeal by a student of Jamia University pursuing compensation for injuries suffered in the anti-Citizenship (Amendment) Act related violence.

A bench of Chief Justice D N Patel & Justice C Hari Shankar released a notice to the 3 seeking their stand on the student’s petition which had claimed that both his legs were broken by police when he was studying in the university’s library.

In his statement filed over by advocate Nabila Hasan, Shayaan Mujeeb had stated that he was studying in the university’s library on December 15, 2019, when police forces entered the building & allegedly beat up the students brutally there. Hasan also told that the CCTV footage shows the police coming to the library and thrashing up the students. Spaced Out from looking for Rs 2 crore as compensation for the injuries suffered, Mujeeb has also requested registration of an FIR for the crimes allegedly committed by the police. He also wants reimbursement of Rs 2 lakh, alleging he spent the amount on medicine & treatment of his broken legs, in one of which a rod has to be put in due to the seriousness of the fracture.

Adv. Siddharth Seem, appearing for another student, Mohd Minhajuddin, had moved a request seeking an investigation into the incident & compensation for injuries suffered by him.
According to his plea, Minhajuddin had lost sight in one eye because of the incident.
According to his testimony on December, 15 last year, a protest against the CAA in Jamia turned violent, in which police dragged out the students even from the washrooms to beat them & in the course of action he received a blow on his head & the left eye leading to bleeding for which police didn’t even assist him. According to Adv. Siddharth Seem this was a complete apathy of police, instead of securing the fundamental rights of people they put Art. 21 at stake, he stated that no compensation could be befitting for the loss of Minhajuddin, but an amount Rs.5 crore should be granted as compensation, keeping in mind that his client was not part of any protests & was studying in the university’s library.

Additional solicitor general, Aman Lekhi refuted the arguments & said the petition is not maintainable. He said that the petitioner has a false impression of police making brutal attacks on innocent people. He further brings out his objection & argued for the interference of high court at this stage when the trial courts have already been submitted with the charge sheets. The court adjourned the matter till August 14, 2020.

[1] Laws inconsistent with / in derogation of the FRs
[2] Equality before law: The State shall not refuse to any person equality before the law or the equal safeguard of the laws within the territory of India.
[3] Prohibition from discriminating on grounds of religion; race; caste; sex or place of birth
[4] It talks about the right of equal opportunity in the view of public employment
[5] Safeguard of life and personal liberty, anyone shall not be deprived of his life /personal liberty except according to procedure made by law