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
who knows with immense pressure from policticans he might have been framed ..becoz ruling party needs one particular community votes and we know how murders of prashanth poojari and vaman poojari ( witness in murder ) got closed .vaman poojaris death shown as suicide .prashanth poojari murder cases all accused are getting acquitted .one jihadi who shouted islamic war cry while butchering our prashant poojari was standing next to abhaya chandra jain ... so conspiracy theory cannot be ruled out ... ankit is just accused and he is not proven guilty , so let our court decide who is culprit ... we dont talk in rubbish language like hang him , shoot him ... as we are not living in third rated countries , which asks proof from males if rape has hapened ...such a pathetic rules ...long live sangh parivar ... jaio sri ram
Narianna....are you not aware that the bloody goon has admitted his criminal deeds... Are u still in the influence of snake food ??? ....
If he comes out within 10 days, I will be not surprised, since we know the DNA of Indians .... as it happened in the case of Sadvi and Akshamdam cases....
I dont think he has stabbed ..if proved , let him be punished for murder ... but certainly not for silly silly cases ...
comment #16 , first ninna community members ge lecture kodu mama ... no need to advise billawa leaders ... third rated kelasa maaadtha irodu nimma jana maarre ... Mr Kazi , we are not living in third rated country to hang anyone without trial and he has not done any major mistake ... anyways he will come out within 10 days ...love to see many one particular community guys using hindu names and posting their frustration .:) hahaha ...
before punishing this culprit, find which VHP criminal is behind this idiot fellow and put him in the jail forever
These Billava boys are brain washed by RSS leaders. Why can't they brain wash their own children for such criminal act? No they will send their children to abroad for higher studies and for job.
Billava leaders must open their mind and guide their youngsters the real motto of these RSS leaders and keep them away from their bhakthi. etc.
baddy maga, i am waiting for him to get in case like this, he s flying all the time in our colony, police should break his leg again he should not enter our place.
Viren, right is right and wrong is wrong....where is the proof for your allegation against minorities....totally rubbish.....This criminal has been thought to do this by Sanghis to promote communal disharmony around.....
Good job police, specially the mosque for installing CCTV camera, otherwise this criminal would have went scott free. Give him harshest punishment so that others should learn good lesson from it....
Viren ..........No killing justfied .....as far as Nationalism concern no one need your Help...thay all know who you are and your dirty RSS and its wings....so keep your Brahmanism with you at home ....we all know who killed RTI Activists that too being a HINDU....OK ...adella OK neevu ee deshadalli dwesha YAKE ...saaka ?
Elli Nyaya illavo allide ....karya...
send him out of india, hang him to death,,,very dangerous people....
lets pray for his family, god bless u all.
this is a serious issue, should consider him as a main suspect of all the crime and should investigate properly all the goons should be caught and punished properly, my big suggestion is to cut the legs of these type of goons and let them sit on streets for begging,
Very Sad news rickshaw driver, \let his soul rest in peace\" but killing in Hindustan, stone pelting in Hindustan all these doing are really condemnable, but this Criminal does not look like Poojary Family definitely I belong too but his Nature his body language looks like \"Cross Breed\" you readers must have understood that means must Illegal!!!!!!! so you Understand our Local language says for that type of Goons, he never ever can become a good Human, if you punish or put in Jail whatever you do Tail of \"DOG\" can never become straight
Jai hoo Modianna"
guilty must be punished.
Every crime is condemnable. but, we all know that you are a nationalist. If compared to the crime of those who back stab our motherland what u did is nothing.
totally Brain washed by the RSS goons.
lets kill this dog in street by stone.
Should be put on Lie detector, to get the details of his masters / brain washers / supporters .... Afterwords should be hanged in a public place .... as a lesson for the other goons of the coastal districts ...
hang him to death, these type of creatures are creating trouble to the society.
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