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
Is Modi Govt taking care of indians or UK. Is he PM for UK or India. He has already sold India in the hands of foreign investers and now selling indian assets also which was inherited from old kings. May be Modi will sell Taj Mahal, Qutub Minar, Vidhana soudha, Srirangapatna Mandir, Kollur Mandir to foreigners and make money for bjp and its supporters. shame on you bjp Govt. It will be better to kick out this Govt very soon otherwise we Indians will be completely sold out to foreigners. Beware of this looter's Govt.
Cheddi fans are BLINDLY supporting him. Start opening your EYES ... Looters have no issue and those helper who in the first place helped the british to loot the KOHInoor has no issue... Its not new.
Modi Govt. is a very big fake and rubbish Govt. any promise they fulfilled till now..?, hope their term will complete very soon after that only Acche Din will come..
After all RSS is the agent of British raj. How can they go against their
will ? THE REAL NAME OF RSS IS ROYAL SECRET SERVICE, which was giving then British rulers information about indian freedom fighters.
They are their sole agent then and even now.!
BLACK MONEY BHI NAHI KHOHINOOR BHI NAHI
Waah thief waah!!!
Next he will tell British never invaded India.
We invited them to learn to wear bikini.
RSS is the enemy of India.
It did not surprise me... We know cheddis partner during freedom struggle...
I think Kohinoor diamond belongs to Mugals (Shahajan). how Ranjith Sing is gifting British
Yes, its nice to see it with queen rather than kept here in India...someone will take it if it is kept here....can't trust....
Same like \National Herald is gifted to Sonia Gandhi and not looted by her\" as claimed by Congress party."
If a slave gives a \gift\" to his master, there is always room for reinterpreting the idea behind the \"gift\". But if the new masters are not different from the old, how can this happen? This is the tragedy of India - and this is why we ought to see that the Cong, BJP, CPI etc are actually a continuation of the British colonial legacy. You can defeat them in some cricket matches, but when it comes to substantive issues, you concede the match even before it begins. This is the colonialism of the mind."
Look like air leaking from 56inch chest.
Soon it will be 26 inch.
This decision of govt also justify
British rule over India.
Shame on BJP.
bjp and rss revere godse, the criminal who brutally killed Gandhiji. bjp/rss are agents of british
We want Kohinoor back, who is government to tell them to keep it and they then call themselves as nationaliats. These are real anti-nationals and agents of British.
@Tolerant Indian: Disappointing. The Brits don't deserve our Kohinoor. But if was a gift, then we shouldn't be expecting it back. Blame our Maharaja of Punjab. Height of MASKA GIRI.
Tolerant Indian: spineless modi. Kohinoor belongs to India. it is India's shaan. lalit modi now vijay mallaya took our money to UK. farmers and poor are committing suicide and government gifting riches to other countries.
@Tolerant Indian: Indians have the generosity to make the world rich, by gifting and stashing money in foreign countries!
We have had gifted everything to British during British rule! And now our Rich Indians started gifting by moving out of the country to get settled in UK? There is no surprise, everything is fine in Love to English!
Bring Kohinoor Back Kohinoor was our heritage, it should be brought back.
Kohinoor wasn't a gift. But a war prize that was pushed down our throats by sly East India Co. Better revise stand.
Everyone knows that RSS is always acted as British agent.
Kohinoor was not stolen from India. It was merely abducted. Shine On You Crazy Diamond.
Someone just told me 'we have enough gems in the govt, who needs Kohinoor.'
Okay Britain, let's do a deal. You give us back on thing we gave you - Kohinoor. We'll give you back one thing you gave us - Section 377.
modi govt run by buffoons: Kohinoor gifted by Ranjit Singh to brits? he died in 1839, brits snatched diamond in 1849!
After all, the difference between \gifted\" and \"lifted\" is just one letter."
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