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
Naren
terrorism started from Sikhs not Muslims and till today your people only following it. No need to teach matured person like you so understand the logic of your people.
Is constitution said to make illegal relationship with ladies without marrying them to fulfill your desire? Is your community got the message from constitution to rape in the bus and to kill innocent girl? Constitution made for good will of the citizens not to torture them.
there is no deference between you and Israel but remember we fear Almighty.. Not you or them!
rikacha , nimma root navare kanri , foot alla ... hahaha ...
You cannot expect more than these goondas who dont heistate to worship anything. they don't know what is God
Here we cant show patience or silence.
When justice fails, then Tit for tat is only the ultimate solution.
constitution dont say u can marry 4 , constitution dont say u can do terrorism , killings , rapes , but ur community does it . then whats the problem in telling this ... first of these three rogues are not indians , they look like pakistanis ...isis barodakke they are creating launch pads , but nationalist indians are there to protect hindus , sikhs and christians ..nam deshadalli yaava kumda salafist backed isis nadiyalla ... anybody questions our nations integrity will be strongly dealt with . Muzzies are thinking by doing this they can bring down modi from PM post . no ... not at all possible . there is a deep polarisation even in villages it isnow being felt . by 2024 , India will be hindu rashtra for sure . to amend constitution 2/3 majority needed and all states if we make congress mukht we are done . with coopearting with israelis , defintely we can achieve this . ummah is so weak that it is already divided , no body has guts to speak against India if it does so ... even if they speak , millitarily they are not on par with India .gulf countries want USD from India , for their cheap petrol . hahaha
No one can change the faith by forcing anything.
bitter truth for RSS
Very dangerous for the future of India. Rising intolerance, forcing others what one practices, poking nose in other's matters, dictating what to eat what to wear, all these will eventually lead to sectarian fights, genocides, civil war etc., India may end up in situation similar to Iraq and Iran. BJP sarkar and Sangh parivar must control their bhakts before it is too late.
Constitution even did not say to eat or drink :P
By looking at their face they look very papa, but they raised voice against what other side party asked. strange but true.
What if they call Jai Mata Di or not?
accused must be punished who are they to beat the innocents.
my foot....
Its Their Wish any constitution dint asked all the citizen to call anything particularly.
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