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
PUTTIDINA JOKULEG YER NINNA AMME TUPENA
Let us start with Ur Master.
This KKB again started to B--k
Why people cast their valuable vote in favor to this uncultured mannerless creatures. Most of the elected mp's are with same attitude and mind set. For our unite India all should kick them out from country like India.
KKB - KUTTE KA BACCHA.
during partition muslims in India was 36% and part of them migrated , so now decreased to 15%.. hindus in pakistan migrated to India , still migrating , hindu population might have decreased there also....even then minority hindus enjoying reservation in politics , education . etc
Here is one more....these BJP leaders are out of mind. Someone is saying change the religion (Ghar wapsi) and someone is asking to go to pakistan someone wants hindus to show their mardangi. Rubbish ppl with fools followers
good news for modi and baba ramdev......
U start the lead, let followers take your step
Vegans are deficient in many important nutrients like Vit B12, Creatine. Studies shows that Vegetarians have much lower levels of Testosterone than their meat eating counterparts
There was a time when the enemies of mankind spread the LIES of accessive Population is harmful to earth and they spread the fear & introduced \hum do hamare do\". --- We see the results that most of those who never read about \"the revelation of God who gave the life\" have been trapped in this depopulation situation and NOW they are forcing their community to make children... without any financial aid.
ALLAH the creator of all that exists speaks about the life and death of every thing that he created..
one ayat of quran below: (17:31)
Do not kill your children for FEAR of POVERTY. We will provide for them and for YOU. Surely killing them is a great sin...
Those who trusted God never fall trap to such fear....
At that time and even now Many abortion took place to live a worldly enjoyment but in their old age people desired that they had many childrens... which they regret of not having 3 or more children..
Dont forget, India and China with most population are the most fast growing economy today.. Nothing to feel ashamed... only the ruling few will put fear on the people to control their evil agenda.."
have beef consumption .....for population increment
Raj Takre did not oppose our players to play against Pakistan hokey match in KL....HYPOCRISY....
India's population is 1.5 Billion......can India afford another 1.5 billion....to build Ram Temple....these are politicians gimmick to cheat poor innocent voters....very sad....
First eat madam posts and cashews....ha haa.....and ask for strong guns....
Giri babu
How many children U have or How much children U planned? Let the Cheddi members know that ...
It is hard to follow cos most of our leaders are just barking and no action..
our PM needs to reconcile with his partner
Cheddi Bachelors club - needs to search for partners even in old age to reach this target...
We need some leaders with action not blah blah...
If 76% Population is of Hindus, 24% Muslims!!! which is = 100%, then what about christian, Jain, Sikhs, Buddhists & Atheist?????
Mathematical Error Mr. Giriraj Singh.. You don't know simple maths and you are the Union Minister for the State.!!!! STRANGE....
Dikhao yaar. Mardaangi hai to.
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