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
Dr Zakir naik' s naik controversy is bound to happen due to his increasing popularity around the world for spreading peace. Our hypocrite politicians and news channels and their blatant liars like Arnab goswamy do not want peace makers in the society as it wont help them to accomplish their agenda. Dr Zakir naik never breaks any law of the land and always preached the truth.. Quran is the only religious book which specifically and strongly condems killings of innocent people. Dr Naik will have the help of Allah no matter how hard the media tries to malign his name. May Allah be with you Dr Zakir bhai and all Muslims. Ameen.
Bopanna, if you are real hindu, and against these muslims, how you can work in muslim country? By working there you are helping these People. So resign immediately and come back to india. Let us see your real Hinduism. For the money you will do everything this is the fact. If you don't resign then don't blame them. Instead accept their religion and live with them.
Mr.Bopanna.... please be careful on what you comment.. know the facts and provide sources before spitting out sensitive words...
Islam exists for more than 1400 years and terrorists less than 50 yearsss, if Holy Quran teaches to kill Kuffars as you say then I am surprised that not 1% of the world's killings is done by Islam....
There are more than 2 billion muslims in the world and is 30% of the worlds population.... if we all muslims become terrorists then jerks like you would have vanished in minutes... but no, our religion doesn't teach that.... no where we are thought in Quran to kill kafirs or non muslims than helping them....
IF ISIS, daesh or any terrorists organisation u label them as muslims, then u are ignorant, illiterate and an idiot.... can u not see the recent blast in baghdad killed more than 220 muslims, turkey more than 40, Ksa recently.... how an earth a terrorist can kill muslims if his target is kuffars....are the terrorists idiots enough to make out the difference is religion....Terrorists has no religion and ISIS,Daes or any group of idiots are not a part of our holy religion which promotes peace....not killings
Non muslims are just scared of ZN coz of the conversion ratios of non muslims into Islam....I doubt any of his videos have thought or inspired any one to become a terrorists... none of them I have seen... If he is then I will never be his supporter but if he is not then please dont comment unnecessary things in social media.... without a valid source....
Surprisingly u seems to be a reisdent of KSA.... how on earth with somuch hatredness within yourself can work in a muslim country abiding all muslim laws... and enjoy the incomes of muslim ruled companies, Money changed ur mind and developed tolerance with u... lol...
Brothers... dont blindly believe media as most of the storie are fabricated.. there is story behind what media portrays... Islam is never a religion of killing but a religion which promotes peace and condemns killing....
i strongly beleave this game is being played by sri sri ravi shanker... he was bashed black and blue(exposed) by dr zakir some years back in frount of a very larg croud and whole world came to no about his truth that he is nothing but just a fake god man.... am very sure when dr zakir nayaks isseue goes to the cort he will come clean.... its just that people cant defeate his through debates so they r using all other means to defame him... sri sri if u r a man (whuch i dought) defeate him by debating him not like this.....
All critics of ZN should watch his video preach.
They should compare these with other hate mongers speech can realize who is who?
Asatyameva Jayate, yes you are a terrorist no doubt. All Muslims are terrorists since they abide by the Koran - which asks to kill all Kuffars. Koran shuld be banned and all Muslims Jailed
Every Hindu or Muslim once took a oath in school......... every Indians are my brothers and sisters..... if one of them become terrorist can we arrest the whole nation as their relatives.....ha ha.....
If a rapist or a terrorist is inspired by any god book religion or any person are you going to ban or arrest them all......joke hai yaar.............
I am inspired by dr. Zakir Naik and also some good words from some Hindu purohits. Am I going to be a terrorist???
Indresh Kumar's Sufism more active in Bangladesh....!
Does India ever taken against Indresh Kumar who accused in Samjoutha Express and Pakistan asks us to take action against him? Why much eagerness in what Bangladesh's baseless demand?
Those who can't face ZN on talk or debate, obviously they go for backdoor to defame ZN. Modi's popularity going down in day by day and also UP elections ahead, so this 'inspire' story has more depth to divert people's attention. RSS pracharak and terror accused Indresh kumar founded modern Sufism and using the same Sufism against Islam. US did the same in Iraq, Libya, Syria, Pakistan, Afghanistan to destroy Islam by 'Muslims'. Muslims are scapegoat of divide and rule either by western country or India.
Some so called our scholars also knowingly or unknowingly victim of Sufism to defame Islam and against ZN.
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