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
ALWYN,,,,THERE R SOME WHO WANT TO EXPLORE,,EVEN PARENTS ARE FINE ABOUT THIS BUT SOCIETY IS NOT ,SOMETIMES IT IS OTHERWISE,,,,ONE SHUD NOT INTERFERE TO THE CERTAIN EXTENT,,IN SOCIETY ONE SHUD KNOW HOW TO ACT AND TALK,,,,,ONE SHUD NOT HURT OTHERS,,,,LOVE JIHAD IS SERIOUS,,,THERE ARE INDIVIDUALS WHO DO IT FOR FUN,,,AND SOME FOR DEMEANING THE GIRLS REPUTATION AND SOMETIMES EVEN THE COMMUNITY,,,,,,,SOME SOCIETIES ARE VERY REGRESSIVE LIKE MUSLIM COUNTRIES,,,,,,OURS IS OK,,,ONE SHUD NOT FEEL EVERYTIME IT IS THE CASE,,,,,WHEN A COUPLE ACTUALLY LOVES EACH OTHER THEY SHUD BE ALLOWED,,,,THATS THE WHOLE POINT.......
Doorway to Haven AK47 please help us, many of our girls are victim of Love jihad, this is other example. we are help less
NO DC OR BC CAN STOP THIS,,,,,,ITS HAPPENING EVERYWHERE IN THE WORLD,,,,THIS TIME THE MALE WAS SAVED BECAUSE GIRL IS CHRISTIAN,,,UNTIL NEXT TIME,,,WEN GIRL IS HINDU,,,HE WILL GET IT FOR SURE,,,,,THEN WE WILL C WHAT DC DOES,,,,,NONESENSE PEOPLE TALKING COURAGE ON WEB FORUMS,,,ITS SO MANLY
Koti-an & other chaddis, BURNOL BODA
CHADDIGALIGE BURNOOL BAGHYA....
Shame !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! on dirty mind people...........
its not coming from their back ..its coming from Hindutwa Activists mouth
These shameless goondas have no job but to create disturbance in society. Police should book them for wasting time and trying to create communal disturbance. Arrest the leaders of these goonda parties.
One who act against country's CONSTITUTION and tamperning the rules and contents of CONSTITUTION and playing against law and attacking on any particular community or conducting group clash; igniting communal clash is a terrorist and Government and Supreme Court must announce to whole nation and implement.
Then no one dare to show off with DHARMA;SENA; BHAKT BRIGADE etc.
respected deputy commission,
dear sir,
it has been a practice in dakshina kannada that , the sangha pariwar goons always accompany policemen for any raid , which was complained by them.
why you need sangha pariwar goons along with your police men? your police men are not enough to handle the situation? or the police men are also involved in sangha pariwar activities?
this is specially when they raid \minority houses, church, mosque and commercial places only. entire muslims in dakshina kannada knows this routine. thus the minorities are losing faith in police.
kindly requesting your good selves to stop this practice to show that your team is capable to handle any situation, and your team is not supported by the sangha pariwar goons."
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