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
I'm a Gujrati Brahmin settled in Bangalore. I come from a family which has been in the RSS for three generations. Being from RSS, I and my family were big supporters of the Modi Government when it came to power in the early 2000. We are middle class people, my father being the owner of a small printing press in Amdbd. We had Muslim employees working in the press. All of them were killed in 2002. This openned my father's and my eyes to the reality of BJP, RSS and Modi. My father winded up the business and by 2004 we quit Gujarat and settled in Bangalore. RSS is the most fascist organization in India. BJP is the most corrupt party. Gujrat model is nothing but a web of lies corruption and photoshop. Forget Hindus, Modi will harm the business class too. Modi only works for a few selected business houses rest all should fend for themselves. Living in the considerably freee and cosmopolitan environs of Bangalore I've realized that there is no progress if it is limited to a caste, a religious majority or minority or any other group. Progress has to be for all. RSS and its cronies will not last long. Country is getting sick and tired of their threats and abuses. Their inciting of riots at the drop of a hat. Woe to them when the 80% of the population take a leaf out of their book and hunt them down like dogs that they are.
@ SUNIL RAO
FRIST NEED TO CLARIFY IS BHARATH IS MATHA OR PITHA MALE OR FEMALE ....
THEN WE WIL DECIDE WHAT TO DO KILL HER OR SEND HER
RSS STARTED TO ATTACK THE GRILS ALSO THEY HAVE VERY GOOD REASON SLOGAN PAKISTAN ZINDABAD,
FILE CRIMINAL CASE OR BAN RSS
Typical Sanghi behaviour. It will be absurd if people think that the justice will be done to that girl. In any case, Doomsday for VHP and its allies is coming soon...
and #ModiLovesKarachiBiryani.
India Zindabad, Pakistan Zindabad, And whole world Zindabad
What is the problem in wishing everybody's welfare.
Are we loosing anything. Should we be jealous in others prosperity.
Narrow minded never develop nor allow others to develop.
First govt should ban ABVP kind, this group is really threat to our society.
These are Anti nationals who always will take law in hands ....and claim to be the protectors of LAW....only way is to shake the base....that is RSS
this abvp people dont have any work if she want to call anything let her call it is her karma of death, why are we simply Popularizing such a kind.
Pakistan Zinadabad, I am not saying this one your own swami, sri sri...something like that said...go and beat him too if you have guts...
Bharath Mata Ki Jai, Kill her she must not be allowed to enter india.
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