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
Yedi & Shoba Always to be in Media with no Reason. Why is Media promoting when BJP says Madrasa is giving rise to Terrorist. Media is blowing things out of propotion. What happend with Hemanth Karkere(HK)? Who Killed him? He was telling the news of actual terrorist in India. Hope everyone remembers what HK revealed. I dont support any of the party. But BJP did biggest blunder by doing demonitization. Just to make their money white. People please grow up. See the Petrol price HIKE happening. Why SHELL petrol does not have Subisidy? Why GST is not introduced in Petrol ? There are so many things to think about. These people play with law & order. See yeddy is so confident giving Dhamki to Police. Only god can Save us !!!
The common man of India is struggling for fulfilling his basic needs, he wants peace, he does not need leaders who divide society on caste and religious grounds and create chaos and hatred in the country.
Well said, Most of the BJP leaders are responsible to created violation.
Statistics show that more Indians have been killed by RSS than by Pakistani terrorists.
Who then is worse?
Is she a member of parliment or she a member of RSS, I havent seen any statement from shobha who has talked of development from her mouth. every time her statement is about RSS/sangh parivar, Does she deserve a MP seat? its better she owes her full time to RSS intead of being a MP. Shame on her she represents the whole constituency not only RSS AND SANGH PARIVAR TERRORISTS
what STRATERGY to DISTURB PEACE OF OUR NAMMA NADU KARNATAKA
Fact is a fact, why Amit shah is not in the group,who is the main culprit holding 14 muderes on his head
"BJP gay nachgayne Illa",
if they have little shame left all these leadres would have not come to street with head's down for their super leaders who committed the crimes,
Indirectly it shows that they confirms what Mr Siddaramaih says..!!!
"nanu BJP nanu RSS", not full
"nanu BJP nanu RSS nanu BrahminBaniaJumlaParty", better!!!
Hindus beware of Brahmin Domination in RSS, they dominated exploited non-brahmins for past 5000 years, dont let them control us!!!
All are equal in Democracy, RSS is a Rascist organisation, majority leaders are Brahmins! Dont forget!!!
Congis are ######s, they were responsible for 1984.
Bjp are ######s, they were responsible for 1992, 2002.
Indira made a political decision, bad decision BUt a political one.
Advani, Joshi, Uma bharati gave speeches in Ayodhya which started riots killing of 3000 people.
Both parties have blood on their hands.
Both need to be sacked and someone better needs to be brought in.
@Truth
Excellent question. The current vicious atmosphere is because of them
Who perpetrated 1984 anti-sikh riots? RSS?
Good decision. Please go and sit in jail.
Nanu shoba matthu yediyurappa naau bjp rss bajarang te ... r.. r ... t ect.....
Another comedy by Sho-bokka. Please try a good mimicry
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