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
muhammad rafique, you cant tell me what i should do . theres nothing like behaving like a muslim. i know what i have done. i am not trying to impress the management or any of the members. i did what was right. i am not against anyone . But, protesting against the college was not an option. i dont want you to fight (if you knew about islam you would also know what violence is haram) .
Thanks for helping me understand that you are a girl student .
dear sister it's better not drag my family members here.
firstly I didnt comment on you personally unless you are Naureen. i still wonder how can someone feel instigated with the phrase "justice for scarf and namaz" '
Mr. Narang kotian, we don’t want your sympathy , don’t pull down Pakistan’s politics to us keep quit.
Mr Rafeeq,
You need not to teach me where to raise my voice and where not. I also have the right to hide my identity (just like you have right to wear hijab). By the way, instead of asking me to show the guts, ask the female members of your family. Mind your tongue while arguing with a girl
why commenting with anonymous identify ? have guts to reveal yourself
why are you silent when cheddi goons have been creating ruckus in the name of moral policing?
give your suggestions to morons like pumpwell, etc
Congrats to Naureen. Muslim girls like you are asset of the nation. Don’t hesitate to go and file complaint against those who issue you threats. They are jihadists. People like them had tried to kill Malala too. I am sure that you will face more threats in future from thirbokis. But believe me, the more threats you receive, the more you become stronger.
Jai Hind
CFI has only these 3 members..! in thier protests, always these 3 people. No other people is there for them. Somehow they managed to get few girls this time for the protests.
I wont believe a muslim father will tell against issue if the intention is true. I believe CFI using that girl and politicising the issue.
Appreciate the courage of Naureen, who braved threats and issued a bold statement. All are with you. Don’t worry. Let the misogynists go to hell.
Mr Rafeeq. First you behave like a Muslim by understanding the issue. What’s the meaning of your question? Whats the meaning of asking justice for scarf & namaz? What happened in Agnes is its internal issue. You need not to send your sister or daughter to this college. Stop giving ur bullshit advices to other girls.
CFI supports only unwanted issues.
Was it too bad than your right wing folks have been spreading hatred against muslims?
Sister Naureen, what is wrong in asking justice for scarf & namaz?
First try to learn what Islam is and behave like a Muslim. Rather being a office bearer of a student council and impress upon the management and others .
Admin of the jihadist whatsapp group 'Justice for Scarf and Namaz' must be arrested immediately. This group is responsible for all the confusion. One of my Muslim friends showed me the conversations in the group. It was too bad
Some students were used by the CFI and some by the college. Please allow the students to lead the life as they wish and concentrate on education. Keep communal hatred away from the campus
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