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
Welcome back Mohammed Mangalore.
Every person have their own choice of selecting the method of protest. I have selected writing on forums as I cannot do what you wanted, as I am aged enough. You being a hench man of Masood, may remember recently Poojary indirectly taunted Masood, for being MLC at his helm, failures for congress party recent Zilla and Taluk Panchayats. I bet you Masood cannot get 100 votes if he contest for next MLA election. And even MLC.
Finally I don't need teachings from you as you are immaterial to me.
Dear UTK saab, Kindly Kindly Kindly dont urge... or wait for POLICE to file SUO MOTO....
Kindly ORDER for the ACTION on him thru your government and appeal HEGDE's arrest notice to Loksabha speaker.. then we can believe you.
many urges from you people show up to DK public llike PRABHAKAR BHAT ARREST bu noting happened till the moment...
Ibrahim Hussain Udupi, It is just for you to request muslims to keep quiet as you being in Udupi are scared of the repurcation you will go through if you stand up against these people. Come on gather some guts and come out openly to condemn this speech. It is easy for you give lectures. Be a strong muslim or are you the one who knows only to back stab and talk nonsense about your own community people.
CONGRESS HAVE NO GUTS TO TAKE ACTION, SEE YOU ALL, ITS 100% SURE.. CONGRESS IS DEPENDENT 90% MUSLIMS VOTES, BUT THEY DONT WANT MUSLIMS DEVELOPMENT AND HAPPINESS, THEY ARE USING ONLY VOTE BANK.
as per great tradition of modi govt he should be soon rewarded with some ministry..ache Din.. here it is !
Mister M-ad P-erson, wouldnt have even tried reading his holy book Bhagwat Geetha,else he wouldnt have spoken false/ill about other religions. I dont want to mention anything more, its a waste of my time.
This is Kaat Bunta.
He is not representing all Hindus, nor this is the message of any Hindu.
The more they provocate, the more ISLAM grows.
The big protest and reaction started in US afer 9/11, what happened.
Happened is more Americans specially women embraced ISLAM.
The same will happen in India. Just Watch, you can not fool educated people.
BROTHER RAHUL,
HOW YOU WILL FEEL IF I SAY THERE WILL BE NO PEACE IN WORLD IF WE DID NOT ERADICATE THE RELIGION WHICH YOU BELONGS TO... DO YOU STILL SAY THERE IS NOTHING WRONG IN IT BECAUSE SOME PEOPLE FROM YOUR RELIGION INVOLVED IN MURDER RAPE AND TERROR ATTACKS
I guess he forgot he is talking about world's second largest religion! Might he needs some knowledge about Islam. Let him mock on the religion, his creator will give him a knock out too..
Why all the from same....... makes this type of comments?
BJP/RSS have some active pracharaks throughout India give hate speeches against Islam and Muslims. Even Narendra Modi himself RSS pracharak, made some comments on muslim regarding reservations during the Bihar Election rally. Yesterday in Agra, Mr. Kataria, BJP MP made similar provocations SPEECH in UP. This is a normal practice of RSS/BJP camp. When it comes protests, both slip away from their utterances and say that is their personal views and nothing to do with party and RSS.
Ananth Kumar is non performing MP of UKannada district, there is an unhappiness from the voters even BJP sympathizers and his utterances against Islam and Muslims nothing but a show. However, Muslims should not provoked from his statements and maintain peace and harmony. We will have to see the action from the State Government, specifically home minister Dr. Parameshwar and CM Sidda Ramayya.
YES MR.RAHUL,
U R RIGHT, SEE THE MALEGAO,OTHER BLASTS LIKE MECCA MASJID, ALL MUSLIMS ARE ARRESTED.. but.. I MEAN SADHVI SINGH, PUROHIT....SHAME ON YOU...
Good to see that minister is taking action against this ignorant...
defaming other relegious s totally wrong, he must be punished,
Let's wait & see what action will our Congress govt. takes, i'm sure it won't take..., unless we change our system by adding/ bringing AAP or SDPI to political track (bcoz people are tired of watching old two parties blame-games)
It is time for Congress Government to take action. If you want to keep your vote bank alive, then the Government must take action against this Naalayak, Hatred Communal MP.
just for publicity, media simply giving publicity to them, this kind of statement should be ignored.
its totally unfair to tell to wipe out islam from the world first he have to wipe out his mind and heart.
Now Modi will provide Z+ Security to this Poor Guy Who is Struggling for FAME.Like Subramanya Swami.
He has challenged his own CREATOR.After all he is a CREATURE.
Will suffer badly life after DEATH (In sha allah)
Only Complaint, nothing to do this congress government. Now Congress is power in state, but they are not intrested to take action.. only giving statement for his vote bank politics. They have no guts.
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