People, Persons, Citizens
When the idea of citizenship is wielded like a deadly weapon to deprive people of basic rights rather than to empower them, it’s time to think about the basis of rights differently. While in the Preamble to the Constitution, ‘we the people’ resolve to secure to all its ‘citizens’ justice, liberty, equality and fraternity; Article 14 of the Fundamental Rights ensures equality before the law to all “persons”, not only to citizens.
The people of a land precede the creation of “citizens”, and we the people of India must think seriously at this moment in our history, about how justice is to be secured to all persons, and whether citizenship is an emancipatory idea any longer.
Consider the revealing and tragic irony of one of the accused arrested for his alleged role in violence during protests against the Citizenship Amendment Act 2019 (CAA) , in East Delhi’s Seemapuri. Through his counsel, in a Delhi court, he claimed to be a juvenile, and to prove this, produced certificates from the madarsa at which he studies.
Delhi Police, however, claimed that these documents were insufficient to establish his age, and requested permission for a bone ossification test. The counsel of the accused argued that according to central government notifications, madarsa certificates are sufficient to prove age, but the Delhi court permitted police to carry out the ossification test.
Imagine the claim of such a person to citizenship and to inclusion in the National Register of Citizens (NRC)! Continue reading It’s We the People, not we the Citizens, of India!

