India's Citizenship Amendment Act, which sparked deadly protests over fears it discriminates Muslims, will not be suspended. PM Modi's government has four weeks to respond to legal challenges ahead of the next hearing.
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India will not suspend a controversial citizenship law that sparked deadly nationwide protests, despite legal challenges brought by groups that say it discriminates against Muslims.
India's Supreme Court on Wednesday instead gave the Bharatiya Janata Party-led government four weeks to respond to the 144 petitions challenging the constitutional validity of the new citizenship law.
"We will give you four weeks to file a reply to all petitions," Chief Justice Sharad Arvind Bobde told the government's top lawyer. The next hearing will be held in late February.
The law makes it easier for religious minorities to get citizenship in India from the surrounding countries of Bangladesh, Afghanistan and Pakistan, but it excludes Muslim immigrants. It came into effect on January 10 and will continue to be implemented throughout the four-week period.
The top court also said that a constitutional bench of five judges would be needed, instead of the usual three, to decide on the law's constitutionality.
Most of the petitions being heard at the Supreme Court argue that by excluding Muslims, the law undermines the Indian Constitution, which defines the country as secular, and violates Article 14, which guarantees equality before the law.
"If you discriminate on the grounds of religion, that itself is prohibited in the constitution," said Colin Gonsalves, a senior advocate at the Supreme Court of India and founder of the Human Rights Law Network, which filed two of the petitions.
The government maintains the law is not discriminatory. Its legal experts have argued that exceptions in the constitution allow a law to make a reasonable classification if it is not arbitrary and directly relates to the law's objective.
How did civil liberties groups respond?
"We are happy with the court's response; it is up to the government now to clarify things," PK Kunhalikutty of the Indian Union Muslim League (IUML) said.
However, the All Assam Students Union general secretary Lorinjyoti Gogoi told Reuters news agency that "non-violent and democratic protests will continue alongside the legal battle."
India's new citizenship law ignites religious tensions
Dozens of people have been killed as a result of protests against India's controversial Citizenship Amendment Act. Critics say the law is aimed at marginalizing Muslims and goes against India's secular constitution.
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Shutdown in parts of India
The Indian government suspended internet services and tightened security on Friday in several parts of the country, including the northern state of Uttar Pradesh. The government is expecting another wave of violent protests against the controversial new Citizenship Amendment Act, which was enacted on December 11.
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Defending India's secular constitution
The new law gives Hindu, Sikh, Buddhist, Jain, Christian and Parsi immigrants from Muslim-majority Pakistan, Bangladesh and Afghanistan a path toward fast-track citizenship. Critics say the law discriminates against Muslims and that the award of citizenship based on religion violates India's secular constitution.
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Fears of citizenship registration
The Indian government is also preparing plans for a National Register of Citizens (NRC), in what it says is an attempt to identify and expel undocumented illegal immigrants. If a nationwide NRC is implemented, critics fear that residents unable to prove citizenship would be turned stateless. A similar exercise in Assam state has already excluded nearly 2 million residents from the list.
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Outcry of intellectuals
Several liberal-minded intellectuals such as the well-known writer Arundhati Roy have sharply criticized the new law and the government's plan to create a nationwide citizenship registration. Conservative politicians such as Subramanian Swamy, a former minister of commerce, has called for Roy to be arrested and charged with sedition.
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Students against the new law
Students from several universities across the country have taken to the streets to protest against the new measures. Several student organizations are at the forefront of the protests. They are making use of social media to wage a parallel battle online and teach people how to organize demonstrations.
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Police cracking down on protesters
Indian authorities have deployed thousands of riot police to control the protests. At least 25 people have so far died in two weeks of at times violent demonstrations. India's army chief has also criticized the role of students in the protests.
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Hindu nationalists adamant
Prime minister Narendra Modi's Hindu-nationalist Bharatiya Janata Party (BJP) has remained adamant throughout the protests. They say that people are misguided and don't understand the real meaning of the law. The BJP blames the opposition Congress Party for creating confusion and igniting fear.
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Supporters of new citizenship act
The Rashitrya Swayamsevak Sangh (RSS) is a right-wing, Hindu-nationalist paramilitary volunteer organization. Members of the group, which is the parent organization of the BJP, were seen parading on the outskirts of Hyderabad in support of the new law.
