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
True Muslim Even in the age of 80 fights like an tiger. But RSS fellow in the age of 20s needs a group to attack on elder muslims.
RSS needs bunch of coward sena to attack an old man or woman. It shows that they are not only coward but impotent too.
They are coward because they are the followers of Rama, one who used monkey sena to save his wife from ravana.
How they can respect?they have pros.childreans they are living in bhat house.bhat is there father.chaddis are animal.
better it is not to live than to live like a coward.
80 years old one man against a bunch of cowards proves it all.
this is an Inhuman act. The culprits should be punished.
Oh shivaji babu, I just pray that your parents should not face same problem.. Then who will you blame? Family members? YOurself or any other! every dog has a day my dear babu.
seriously inhuman act, beating elders not good.
these are not anti social these are terrorists and anti national islamophobes who are terrorising the common man.
Dear Shivaji,
From where you received that the aged couples are attacked by relatives? If it is true its inhuman. However, no relatives will attack the old couples such way where they cannot bear the pain. No media reported that the attack was by relatives, you have to clarify the source of your news.
This is not new in DK, RSS thugs and police attack aged Muslims people at thier home or outside. There are ample evidence, RSS thugs dressed in Police uniforms attacked homes in Ullala and other places in Mangalore recently. A MLC from BJP admitted that 60% RSS thugs are in Police force in Mangalore.
Kalladka is Communally sensitive since a long time, Police department sincerely work in this area to bring the peace.
SToP bending & bowing to the CHEDDIS. Dear authorities they are dragging you to HELL by portraying their FALSE history to U. Recognise the EVIL & GOOD and Support the GOOD ...
God has given you power of authority to protect the masses from such EVILS. One day U will need to answer for the injustice done to the innocent... PONDER & THINK before U encourage and support CHEDDis.
Muslims Should UNITE, its getting out of control.
The DEVILS dont recognise even elderly people & women. They attack like COWARDS...
To the HONEST hindus, dont put the AXE in your leg by supporting these devils..The one who gave SOUL (LIFE) will question when he takes back our LIFE ... JOIN hands with the secular people and stop supporting the LIARs who deceive YOU by putting FAKE FEAR to unrest the SOCIETY.
Bring Anupam Kher to Learn what is intolerance and how its spreading in India.
Anupam visit Coastal Karnataka Do some Justice To your AWARD as you JUST bagged in for doing Nothing for the Country.
simply blaming particular group, this act is done by his own family for property dispute.
really terrible, which religion is this which s not respecting elder one.
must punish the culprit. i request police to nab this goons very soon because of some bloody all society must bend their knee.
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