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
Masha Allah
Majority of Indian population are dalit, If 70% of dalits convert to Islam in India.Islam will become the number one in India.
Any individuals while choosing religion, he will go for the best religion.
Finally he will find Islam, because Islam is the best and easy to follow religion.
Accepting any religion means, agreeing its doctrine and following its teaching.
It has come to from the heart. Nobody can force to follow any religion nor can force to change it.
It comes from his inner conscience, what he or she feels comfortable.
We may force somebody to remain in the same religion or we can force also to change into any religion, which is like asking someone to agree and believe 2+2=3. Even if a person agrees to come under pressure, it means, he is not following its teaching by will and wish. So he can definitely violate and disobey its teaching.
Now coming into this case, first of all they are not comfortable what their fellow followers did them to ban the entry into temple. And no equality in their society. This is the main reason
Now choosing new religion is purely understanding and convincing its doctrine and real teaching.
Our constitution also empowers everyone to follow freely any religion. Not only this, it also empowers to propagate to others.
It is a great constitution.
Guide them properly OR Leave them alone.
Accepting any religion means, agreeing its doctrine and following its teaching.
It has come to from the heart. Nobody can force to follow any religion nor can force to change it.
It comes from his inner conscience, what he or she feels comfortable.
We may force somebody to remain in the same religion or we can force also to change into any religion, which is like asking someone to agree and believe 2+2=3. Even if a person agrees to come under pressure, it means, he is not following its teaching by will and wish. So he can definitely violate and disobey its teaching.
Now coming into this case, first of all they are not comfortable what their fellow followers did them to ban the entry into temple. And no equality in their society. This is the main reason
Now choosing new religion is purely understanding and convincing its doctrine and real teaching.
Our constitution also empowers everyone to follow freely any religion. Not only this, it also empowers to propagate to others.
It is a great constitution.
Guide them properly OR Leave them alone.
Welcome brothers and sisters ....Proud to be MUSLIMS
Islam invites people who learn about it and understand it. not to increase numbers....no need to convert just because they are not allowed in temples, they can follow their faith even from their hearts.
@ venki
Islam does not allow forced conversion.....we invite to the path of Islam. If someone wills then only..moreover we are not minorities in the world like you.....
@yogesh..
i think the people already know better to join islam than supporting RSS Terrorrists right....
Hari, nothing is impossible in this world, for that you need good heart and mind which I cannot see it in those so called hindutva group....they are all still remaining in their old and orthodox thinking. As a matter of fact there is no such a thing called upper and lower cast in the society but it has been created by bloody brahmins for their benefits...
Venke, Sangeeth .....if you feel that one can pray at home, then why you people are fighting for Ayodhya temple.... Beef exporting hypocrites....
If they convert to Islam....there they get all types of respect, which they have not seen and imagined in their entire past life...great religion......nice choice....well come guys....
Sangeeth Manglore
Yeah... they can pray anywhere as they are considered born out of feet.. Only those born out of Gods head, needed rich temples to pray and enjoy public wealth. Opportunistic
Hindutva group will do nothing if Dalits convert to Jainism, Buddhism but, as soon as Dalits want to convert to Islam or Christianity, Saffronist will come into action with some stupid solution
The best solution is as mention by Mr Rikaz, that all the Dalits must get BRAHMIN STATUS then all the discrimination may end.
Good that hindutava group is taking initiative......they should upgrade their status from lower caste (dalit) to upper caste (Brahmin) This is only the amicable solution for this problem, otherwise this problem (ill treating dalit) will recur every now and then.
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