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
Ram Naik India is not belongs to you there is a COMMON constitution to
all INDIANS. The seat which you holding is a respective ONE. Don't misuse or try to pollute. If you people not respecting the constitution then your same policy will destroy you.
cheddis are missing here also....
O armed cheddis show u r stamina against most wanted BABA's..
Beliye Eddu Hola Meidanthe
Where are Mulla Mulayam, his son akilesh and their wazeer azam khan ?
and bargain king Shahi imam ? All are using minorities as vote Bank. AAP is best solution for all the problem in the current scenario.
hahahaha muah what a word rama naik ji ... saabis are burning ... obba thirdrated saying we have guts only when we have drinks .. ofcourse even their ummah gang that is ISIS , uses drugs to fight . one slum shaiekh saying one verse .. hahaha ... just 2 million millitarised jewish army , 56 muslim nations cannot do anything .. they are doing mujra infront of israel .. just imagive if hindus are millitarised ... pinkaan and gaddakke benki hatchiteevi rashtradrohi. galige .. jai sri ram ... even pakistan has 200 million muzzies and 200 nukes .. but they cannot stop drone attack from USA in their country .. pakistan claims they are the protectors of holy sights ... hahaha ... first to take weapons are jewish ,then christians now hindus along with buddhists . who wants these rogue irrtitating culture ... hara hara mahadev , arm hindus for the protection of bharath mata , which is under threat from jihadists and islamic mercnearies ...
narendra Modi govt compliments to hindu terrorist......
I request muslim organisations to provide same arm camps to all of their members...
It is the duty of Governor to maintain Law and order in co-ordination with state govt. instead it supports this kind of illegal activities.
If people are allowed to take Arms what will be the future of Inida..
It is shame to the democratic country like India and going back to the old age where there was no Law and order.
It is the Duty of the governor to maintain Law and order with co-ordination of State Govt. and instead supporting sangh parivar to violate Law and order in the name of self defense!!!
If the Ruler itself is supporting this kind of activities just imagine what will be the future of India....
terrorists are trained and government is defending it.
They only have guts to fight someone wen they drink alchohol....
Let them practice or get trained!! Remember one thing - \ Jo bhi hota hai, Manzure khuda hota hai!! Maarne wale se bachane wala bada hai wahi hamara Parwardigar hai!!"
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