In the wake of Citizenship Amendment Act (CAA) UN High Commissioner, Michele Bachelet, has filed an intervention in the Supreme Court petition challenging the constitutionality of the Citizenship Amendment Act, as she is critical of CAA. Responding to her, India’s Foreign Minister S. Jai Shanker strongly rebutted her criticism, saying that the body (UNHCR) has been wrong and is blind to the problem of cross border terrorism. The issue on hand is the possibility of scores of people, mainly Muslims, being declared as stateless. The problem at hand is the massive exercise of going through the responses/documents from over 120 crore of Indian population and screening documents, which as seen in Assam, yield result which are far from truthful or necessary.
The issue of CAA has been extensively debated and despite heavy critique of the same by large number of groups and despite the biggest mass opposition ever to any move in Independent India, the Government is determined on going ahead with an exercise which is reminiscent of the dreaded regimes which are sectarian and heartless to its citizens, which have indulged in extinction of large mass of people on grounds of citizenship, race etc. The Foreign minister’s assertion is that it is a matter internal to India, where India’s sovereignty is all that matters! As far as sovereignty is concerned we should be clear that in current times any sovereign power has to consider the need to uphold the citizenship as per the principle of non-discrimination which is stipulated in Art.26 of the International Covenant on Civil and Political (ICCPR) rights.
Can such policies, which affect large number of people and are likely to affect their citizenship be purely regarded as ‘internal’? With the World turning into a global village, some global norms have been formulated during last few decades. The norms relate to Human rights and migrations have been codified. India is also signatory to many such covenants in including ICCPR, which deals with the norms for dealing with refugees from other countries. One is not talking of Chicago speech of Swami Vivekanand, which said that India’s greatness has been in giving shelter to people from different parts of the World; one is also not talking of the Tattariaya Upanishad’s ‘Atithi Devovhav’ or ‘Vasudhaiva Kutumbkam’ from Mahaupanishad today.
What are being talked about are the values and opinions of organizations which want to ensure to preserve of Human rights of all people Worldwide. In this matter India is calling United Nations body as ‘foreign party’; having no locus standi in the case as it pertains to India’s sovereignty. The truth is that since various countries are signatories to UN covenants, UN bodies have been monitoring the moves of different states and intervening at legal level as Amicus (Friend of the Court) to the courts in different countries and different global bodies. Just to mention some of these, UN and High Commissioner for Human Rights has often submitted amicus briefs in different judicial platforms. Some examples are their intervention in US Supreme Court, European Court of Human Rights, International Criminal Court, and the Inter-American Court of Human Rights. These are meant to help the Courts in areas where UN bodies have expertise.
Expertise on this has been jointly formulated by various nations. These interventions also remind the nations as to what global norms have been evolved and what are the obligations of individual states to the values which have evolved over a period of time. Arvind Narrain draws our attention to the fact that, “commission has intervened in the European Court of Human Rights in cases involving Spain and Italy to underscore the principle of non-refoulement, which bars compulsory expulsion of illegal migrants… Similarly, the UN has intervened in the International Criminal Court in a case against the Central African Republic to explicate on the international jurisprudence on rape as a war crime.”
From time to time organizations like Amnesty International and Human Rights Watch have been monitoring the status of Human rights of different countries. This puts those countries in uncomfortable situation and is not welcome by those establishments. How should this contradiction between ‘internal matter’, ‘sovereignty’ and the norms for Human rights be resolved? This is a tough question at the time when the freedom indices and democratic ethos are sliding downwards all over the world. In India too has slid down on the scale of these norms.
In India we can look at the intervention of UN body from the angle of equality and non discrimination. Democratic spirit should encourage us to have a rethink on the matters which have been decided by the state. In the face of the greatest mass movement of Shaheen bagh, the state does need to look inwards and give a thought to international morality, the spirit of global family to state the least.
The popular perception is that when Christians were being persecuted in Kandhmal the global Christian community’s voice was not strong enough. Currently in the face of Delhi carnage many a Muslim majority countries have spoken. While Mr. Modi claims that his good relations with Muslim countries are a matter of heartburn to the parties like Congress, he needs to relook at his self gloating. Currently Iran, Malaysia, Indonesia and many Muslim majority countries have spoken against what Modi regime is unleashing in India. Bangladesh, our neighbor, has also seen various protests against the plight of Muslims in India. More than the ‘internal matter’ etc. what needs to be thought out is the moral aspect of the whole issue. We pride ourselves in treading the path of morality. What does that say in present context when while large section of local media is servile to the state, section of global media has strongly brought forward what is happening to minorities in India.
The hope is that Indian Government wakes up to its International obligations, to the worsening of India’s image in the World due to CAA and the horrific violence witnessed in Delhi.
Comments
Congratulations Melkar Women’s PU and Degree College for their Annual Day & a successful event.
We need to bring about unity within all the religions.
We should focus on educating our youth & children to become the leaders of tomorrow.
1 muslim MLA is equal to 100 vokkaligas MLAs. That is why they are scared to give many seats....
Blaming others no use. Our community should take interest to address this major issue by encouraging and supporting the students to join the civil service courses. Giving speech and words do not solve this issue. Congratulation Melkar Womes College management for imparting quality education for the rural female students.
The main problems here not only from Government side!! Muslims have to blame for this!! In Muslims community you can find enough qualified candidates for all those field which mentioned above, but Muslims men after graduating immediately applying for Gulf country, ladies they even for the secure job are not allowed to join, I discuss this matter with many my Muslim friends their opinion same. Muslim organization should bring awareness among their community in this matter, encourage ladies to do the job where they feel safe.
Nothing going to happen. What happened much published Sachar commission report??????
These so called leaders only talk talk talk, ..... the news and photographs appears in the newspaper. Their job finished. please
don't waste others time
We all Hindustanis should come forward please do not count your Religious wise! count Human being wise! my dear great leader, yes sir you are correct, but you said all good do not blame Government or any other Institutions, ask your community get it compete come forward, awake up your citizens.
Just we discuss about Dakshina Kannada District called (Mangalore) very popular district in Great Karnataka, my dear count population wise, Financial wise, you said community almost Top in Top, but Education Wise, Back to Back, could you please Equalize it How many Educational Institutions running your Community??
First up all get it Educated and Competitive then Compete it up and come forward, Very Good Example at Present DK, DC, just learn from him He came from where? how he reached in this position?
My dearest brothers do not blame any one, Blame yourself.
\Try and Try until Success\"
Jai Hindustan
Jai Our Moodi Ji."
Rightly Said Mr riyaz khan well done for your effort to take up this issue. will take up this issue and will fight for our rights in our society.
yes it s true Muslim's are getting less opportunity in SC, we have most talented and well eligible qualified persons in our community still no opportunity for us, India govt should Provide 75% govt seat to us.
Melkar College doing good job by calling guest as our most loved persons. Abdul Riyaz Khan, Abdul Rauf Puthige, SM Farooq, SM Rashid Haji. Most Precious Diamond of our community
well done sir Abdul Riyaz Khan, this people are like pearl of our community, always leading our community in front.
yahh its a major problem in india, Riyaz khan well done for raising voice against this discrimination. all muslim should get united and protest against this.
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