Day 59 – Q 4.The ongoing protests against the Citizenship Amendment Act (CAA) which has been the duly passed by a democratically elected Parliament is unethical. Do you agree? Critically comment.

4. The ongoing protests against the Citizenship Amendment Act (CAA) which has been the duly passed by a democratically elected Parliament is unethical. Do you agree? Critically comment.  

नागरिकता संशोधन अधिनियम (CAA) के खिलाफ चल रहे विरोध प्रदर्शन, जो लोकतांत्रिक रूप से निर्वाचित संसद द्वारा विधिवत पारित किया गया है, अनैतिक है। क्या आप सहमत हैं? समालोचनात्मक टिप्पणी करें।

Introduction:

An unethical act is one that violates someone’s right, leads to dereliction of someone’s duty, and in general is against the normative ethical standard.

Democratically elected government has constitutional authority to legislate. Parliamentary legislation also reflects popular voice of the nation. 

Body

The ongoing protest against CAA which has been the duly passed by a democratically elected Parliament is unethical 

• The constitutional authority to validate a law is with the courts. The right way is to approach the court to know the legal and constitutional validity of a law passed by the court.  
• Protests cause inconvenience to citizens in commutation and free movement.
• Protests may even turn violent, causing loss of life and property. 
• Protests also cause politicization of campuses and ideological divide. 
• Sloganeering and rallies, if not done peacefully, may also lead to, disharmony in society.   

The ongoing protest against CAA which has been the duly passed by a democratically elected Parliament is unethical 

• Dissent and criticism of the government are essential ingredient of a robust public debate in a vibrant democracy. 
• Gandhiji has said, “An unjust law itself is specie of violence”. Gandhiji has taught to protest against discriminatory laws. 
• Rousseau in his social contract theory has said that people has the right to protest against sovereign authority if sovereign authority fails to protect their liberty.
• As per Edward Coke – for rule of law to operate, people must be the source of rule of law.
• Human Rights Declaration of the U.N states that man has the right to rebel against tyranny.

Conclusion

However, there must not be use of any violence in protests. Gandhi ji has said, “There is no hope for the aching world except through the narrow and straight path of non-violence.”

What is required presently is a dialogue between government officials and protesters. Government must clear their stand that the legislation is in the national interest and remove any fear and concern that people have. The real democracy can be achieved only when parliamentary majority is not used in every instance, but wider consultation and public opinion is taken into consideration.