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
May Allah grant him Jannatul Firdous. He was an ideal for many, Respected by both Muslims and Non-Muslims. Loss for Mangalore community, a peace bearer has passed away. Inna lillahi wa inna ilaihi raji'un.
Great personality. I knew Moulana Syed Yusuf Saheb since my college days in 1969 and I have attended many of his Friday Jumaa sermons (Qutbahs) at Kachi Meman Masjid in Bunder, Mangalore. He used keep a good relationships with youngsters and inspire and encourage them to carry out the noble deeds for the betterment of communities and the society.
May Allah forgive him and accept all his good deeds. May Allah bless him with the bounties of Jannatul Firdous. May Allah give sabr to the grieved family to bear the loss of their dear one.
Innaa Lillahi Wa Innaa Ilaihi Rajivoon. Heartfelt Condolences.
Inna lillahi wa inna ilihi rajiwoon . Alhamdulillah, I am fortunate enough to have met & benefited from both of you. May Almighty bless today's imams/moulana's with wisdom similar to that of Moulana Yusuf saheb.
Allah SWT please accept his service to islam, to mankind, may grant him magfirah and cause him to enter highest level of Jannah. Aameen.
May Allah reward my grandfather with Jannatul Firdaus!!
Alhumdulillah, he has done so much good in his life.
He was one of the most generous and pious people I've ever known.
May Allah give us the guidance like my grand father to follow the righteous path to practice n preach! Indeed he was is n insha Allah vl b a grt personality ! Very soft spoken very humble down to earth personality !! May Allah accept his good deeds his work n forgive his mistakes n save him from fitnah of barzaq n grant him peace in his abode n grant him the glad tidings of jannah !! Ameen !! We will miss our nana dearly
*Inna lillahi wa inna ilaihi raajioun*, may almighty allah bless late moulana syed yusuf saheb,
With jannathul firdouse, aameen. He was one of the rare islamic scholars, with rich bundle & store of knoweldge of deen and duniya, keeping a very low profile and non-controversial & a broad minded humanitarian. Indeed, in his death the muslims of mangalore / d.k.dist / udupi dist, in particular and others in general, are deprived of a high thinking and simple living scholar in this modern era. As holy quran says *kullu nafsin zaayikathul mouth*(every living soul has to taste death)., each & every one of us has to face & taste death, when our living term ends in this world. But in this joureny between life and death, we have to live with our noble living and leave this temporary world to the ever lasting eternal world, with the memory to be cherished with, by the living masses. May almighty allah give strength, patience and forebearance to the family members of late moulana syed yusuf saheb, to bear the bear the brunt of bereavement, aameen. May almighty allah guide & protect all of us, aameen.
Very true brother
Aameen.. absolutely true
Exactly.. absolutely true
Very well said.. absolutely true...
Inna lillahi wa Inna ilaihi raajioon. He certainly was a testament of not just an amazing Muslim but also an amazing human being. he was a man of complete integrity.. he was someone who did not have even an ounce of pride and was an extremely down to earth person.... I consider myself extremely fortunate to have known him so very well and to have learnt all the immense knowledge from him.. he has departed from this dunya but he will remain in our hearts perennially. May Allah grant him jannathul Firdous. Aameen
End of era. No Muslim youth who attended his sermons can go astray. We need scholars like him to educate and enlighten Muslim youth and prevent them from going astray. May allah accept all his deeds and reward him immensely.
يَا أَيَّتُهَا النَّفْسُ الْمُطْمَئِنَّةُ ارْجِعِي إِلَى رَبِّكِ رَاضِيَةً مَرْضِيَّةً فَادْخُلِي فِي عِبَادِي وَادْخُلِي جَنَّتِي
Moulana was great personality. Embodiment of simple living high thinking. Lived upto what he preached. Remained non controversial all his life. Very knowledgeable but extremely humble. His moderate and unique style of delivering khutbah impressed many,including me . He was taking keen interest in current affairs and concerned about global status of ummah. He always motivated me with his superlative appreciation and generous words. Always encourged me to deliver khutbas in his place , whenever I was in Mangalore. May Allah give him highest abode in Jannah
Innalillahi Wa Inna Ilahi Rajivoon. May Allah grant him magfirath and mashrat. I remember Moulavi Saab as a soft spoken, kind hearted,highly knowledable person but with down to earth approach. Moulavi Saab always make it a point to attend " Bearys Welfare Forum "- Abu Dhabi, arranged mass marriages at Mangalore ,and encouraged us to do more to the poor and needy in the society.
My usthad. The one who guided me and helped me to change my life. Inna lillahi va inna ilaihi rajivoon. May allah grant him one of the highest positions in jannah.
Very said. This is a loss not only for Muslim community, but also for all communities in Mangaluru. He was a true religious leader. May his soul rest in peace.
Innalillahi Wa Inna Ilaihi Rajiwoon.
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