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
Mayank and Ruvan
Thank God these culprits are caught ..... they are just normal people ...they are not worshiped people by Muslims as in yours how Aashram...Nithyananda....and other Godmen runned prostitute institutions.....hundreds of pimps criminals and rapists are caught without burka and beard daily from saffron color goons and goonesses....so what will be your comment.....never saw it on board..
We are always with the law ...we never defend criminals as you do....any saffron criminal caught dharna protest and violence. On streets demanding for release...
Are these buggers followers of Shanawaz Hussain? As his name ends with Hussain.
Burkha Olagina Rahasya!
Dear #2 Mayank, mumbai
There is no Disgrace to muslim community. In all religion there are some people who do bad that does not mean that because of that their religion becomes disgrace. In hindu religion also there are some people who do this type of business and it is not correct to say that hinduism is disgraced. The problem of these people is they do not study and follow their religion. If people study the holy scriptures of their religion then we can avoid these social crimes.
If they did it then they must be punished severely.
Another thing the supply is based on demand, so cant the men control themselves, is their wife not enough for them? or cant they get married to fulfill their desires?
If men can stay away from illegal desires then all this crime can be stopped to a major extent. Respect the women.
Dear Mayank
As soon as the news comes .. Dont judge. Many times we have be deceived...If its proved right, then they should be punished.
But dear,
Owaisi is not a cheddi member. He will not voice for criminals.
Sadhvi prachi, Aseemanand, Kalburgi killers, Ghandhi killers, Nithyananda sex racket ... cheddis tried to save them all but did not get success till date...
I request government of india to investigate this case and if they are found guilty with this filthy act then please hang them in the public. They have no rights to live in this earth.
These people are to be hanged till death
The crime what they have done is totally Unislamic. So do not judge islam by people's name or appearance. Islam strongly condemn such act.
Disgrace to Muslim community. Wonder why Owaisi does not supply lawyers and fight for them.
why is this whore Saira Begum wearing a burka still when she is in the flesh trade business and exploiting minor girls . Is she still a follower of Islam ?
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