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'Four-month-old goes to protest': Shaheen Bagh's infant death angers SC

'Four-month-old goes to protest': Shaheen Bagh's infant death angers SC

Feb 10, 2020
04:42 pm

What's the story

The protest at Shaheen Bagh against the Citizenship Amendment Act is showing no signs of stopping and took an unfortunate turn after an infant died last month. Four-month-old Mohammad Jahaan caught a fatal cold since he accompanied his mother to the site almost daily. Taking suo motu cognizance of the matter, the top court asked if an infant can go to protest.

Context

Braving Delhi's chill, women of Shaheen Bagh sat on streets

Since mid-December, days after the new law on citizenship came into being, women have been sitting on streets demanding a rollback. CAA makes religion a criterion for granting citizenship to people from outside India and has been seen as bigoted. As days passed, Shaheen Bagh came to define the anti-CAA agitation, with activists, celebrities, and politicians thronging the pocket in South Delhi.

Death

Child lost his life, mother spoke about returning to protest

The first casualty of this protest was Jahaan, the son of Mohammed Arif and Nazia. He passed away in his sleep on the intervening night of January 30 and 31. Arif and Nazia, who live in poor conditions in Batla House, said they have lost everything. Despite the irreparable loss, Nazia said she would return to the site for her children's future.

Quote

Don't care if other kids die for greater cause: Nazia

"I am not afraid of anyone now. I have already lost a child. I don't mind if lives of my other two kids are sacrificed for the same cause. My family might not support my decision, but it is for a greater cause," she said.

Letter

Shocked after Jahaan's death, 12-year-old wrote to SC

Jahaan's death prompted 12-year-old Zen Gunratan Sadavarte, who received the National Bravery Award for saving the lives of several people when a fire broke out in Mumbai in 2018, to approach SC. "The rights of the young kid have been violated. The kid didn't know what the protest was," Sadavarte, who is a Class 7 student said. She even blamed the government.

Quote

The infant's right to life was violated: Sadavarte

"When I saw that a four-month-old has died, that too cruelly, because his natural justice was violated, his right to life was violated and his human rights were violated, I wrote to a letter petition to the chief justice," she went on.

What happened

Lawyers reminded Greta Thunberg was a child too, SC fumed

The letter was taken up by a bench headed by Chief Justice SA Bobde, and it took a strong exception of lawyers who opposed the court's action. On their part, lawyers argued that climate activist Greta Thunberg is also a child and raised concerns over children in the area being called "Pakistanis". CJI Bobde then warned against making "irrelevant" arguments.

Quote

We have highest respect for motherhood: CJI Bobde

"If someone makes irrelevant arguments, we will stop. This is a court. We have the highest respect for motherhood. In this proceeding, we are considering the death of a four-month-old child. We respect social peace. Don't make arguments to generate guilt," CJI Bobde said.

Details

We are not stifling any voice: SC

The bench, also including Justices BR Gavai and Surya Kant, asked, "Can a four-month-old be taking part in such protest?" SC clarified it was not stifling any voice, whatsoever. "This is a properly constituted suo motu proceedings by the Supreme Court of India," the top court said. Thereafter, notices were issued to both Centre and the Delhi government over the infant's demise.