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
how could everyone say muslims are terrorist ??
what abt the ppl who killed muslims in gujrath burma and many other part of india wht do u call thm nationlist we are proud indian muslims we bron here we will die here and we by birth indian and also by choice we are india muslims we all muslims respect all the reliogs and y u ppl cant respect muslims i guess u dont hve any muslim frnds that y u dont know abt the muslims and some ppl working in islamic country and they are paid in gd salary still they blame islam y ? b4 saying to muslims plzz look into some hindu terrorist also wht they do wht they hve done
So Bhupanna , you are also barking like ISIS DOGS...... which is created by USA...
The day is not far off, when start to wag your tails....
That's what all ISIS people say mr shitty Kazi
Bhupanna .....72 virgins are waiting for you in Himalayas.... do not quote any lies here.... can you quote from where u got this figure of 72... only scou**rels quote this figure ....
If u say all terrorists are not Muslims and agree that the 8 people who were killed are non Muslims why are you shedding tears for them ?
72 virgins await for them anyway. They should thank the Indian police for giving them Hannah so soon rather than waste taxpayers money eating biriyani.
HAPPY DIWALI
rajesh, india
First of all you need to understand that there is nothing called islamic terrorists. If you call these 8 people as islamic terrorists then what what label you would like to give to Praveen Togadiya, Karnal Purohith, Sadhvi prajna, Swami aseemanand and all the members of sanghi terrorist organizations.
As brother RAJESH said no mercy should be shown who kills innocent people.I personally Agree and Support our brother RAJESH comments.
Also shoot the terrorist who raped and killed innocent Muslim pregnent Women in Gujarath.
Also shoot the terrorist who killed innocent old Muslim men in Dadar.
Also shoot the terrorist who raped and killed 17 year old Harijan sisiter in Bihar.
Also shoot the terrorist who killed Praveen Poojari in Udupi in the name of Gou Raakshaka.
Also shoot the terrorist who killed innocent Harish Poojari last year
Also shoot the terrorist who attacked the Innocent students in Home Stay.
Well said Brother RAJESH.God bless you
Cheddis have people like Bopanna and Rajesh whose head is working worse than DONKEYs ... Whatever given accepts it... without realising the life lost...
There are many CULPRITS who would have been exposed the reality of cheddi's involvement in crimes across india, if the court continues the trial .. it would have even proved the false case against these innocents.
To hide their Evil agenda these kind of killing happening across the country after Cheddi govt is in power...
But Truth will over take the evil whatever evil they play ... We will know the reality very soon God willing.
Bhupanna......do not forget that USA did not hesitate to kill its ambassador, when they wanted to kill Zia ul Haq.... when the xxxxx Indian police wanted to kill 8 people, they have to lose one.... nothing strange.... every one knows the xxxx indian mentality ....
WHat about the Policeman whom they killed ? It's ok is it?
Can I recommend these 8 Muslims for the Nobel Peace prize or at least the Bharath Ratna for services to humanity ?
Of course it is a fake encounter.....well planned....those who played the game they should be punished including all cops...these 8 members including a guard were all innocents.....law did not prove them as guilty as of now...
Yes its FAKE ENCOUNTER..
As someone posted in FB \ Men who escape prison in the morning, had time to change clothes & put on sports shoes\"..."
I think This people Will Target Muslim By Giving The Name SIMI.
whether it is fake or genuine , who cares ... they are islamic terrorists , they must be shot on their head moment we find them , they had killed 187 people by conducting bomb blast based on instruction from isi. superb police ,well done and totally justified .
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