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
Those killed Harish Poojari get bail and CBI find out the voice that terrorist Butta also free from jail.
those who did not killed anyone until now, they are in jail. Big tragedy in judicial system.
May Allah help those innocent, who suffering in jail, without any charge and punish those who criminal free from jail.
Mr Rafique , discussing about conversion is unwarranted here . comment on subject .
ISIS is biggest conspiracy of vested interests to malign islam , anti muslims are more feared spread of islamic idealogy through out the world.
Latest propaganda and arrests are part of that conspiracy in India also.
Insha Allah , Islam will overplay all conspiracies, as Al Qaida conspiracy calm down..
if you are a christain at home.....why there is always effort from your religion for foreceful conversion outside ?
And if you are a congress supporter or not I am not bothered. bcos all political parties are alike...
i cant believe, what the hell is happening in mangalore, look at him he cant hold one ice candy in his hand, and planned to carry big big bombs,
whether u partly agree or not , it is upto u ..
We all know which religion is creating more problem in the world. as per new records 467 out of 469 suicide bombings linked to your faith . it means something is really wrong and it has to be fixed and addressed and In india, we dont see your community integrated with rest of the population (may be 5% integration ), when they are alienated , this type of things do happen . Radical islam has to be blamed .Being a proud christians we say , we are proud Indians first and then we are christian at home . this concept will you accept ? certainly not. you people still in denial mode in this case , so what message are you giving it for the whole society? I am also a supporter of congress and i dont feel anything wrong in ITS action .
Partly agree with George.....
Keep aside religion - punish the anti National, irrespective of religion/caste. But we have concerns when people start targeting whole Muslim community,and painting in same brush as culprits.
i dont agree with muslims in this forum ... these guys working against India . so they need to have capital punishment . BJP is not targeting minorities , if it was it would not have arrested Hindu army and airforce guys who collaborated with ISI ... So I would say .. shoot to kill is the only solution for this menace . ISIS rogues are targeting youngsters .,when 100's of christaian terrorists were caught by agencies , particularly north east ... christian community didnot object it as it national cause nothing to do with religion .. so keep aside religion and think as indian
India has Supporters who like ISIS ideology like the one who was caught in Bangalore.
ISIS threatens #Bangalore Police after Mehdi’s arrest, warns of revenge
Bangalore ISIS is using IP addresses the UK sold to Saudi Arabia
Bangalore ISIS builts its own encrypted Android messaging app
Bangalore was amongst the safest area in India. Now, be it today's suspicious objects at Cauvery theater junction or ISIS's Shami Witness.
Viren.....looks like you are also victim of casteism.
As we all know even now there is widespread discrimination against Dalits..backward classes amongst majority community
so dont rejoice.....it may boomerang
In fact techie help stop people from joining ISIS
Nazmul Huda was encouraging youngsters to join a isis.
Karnataka turning into d safest place for Terrorists wake-up sidd
ATS arrested Najmul Hudha(25yrs) n Syed Hussain(25yrs) #ISIS terrorists in Mangalore n Tumkur. Central Govt. is targeting minorities.
All brilliant students from Muslim and Dalit community are being targeted by Sanghis and pro Sangh cops with the help of ISIS.
A good news finally. Subject them to rigorous interrogation and torture them until they speak out the truth.
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