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
They should have sold them to Muslims when they were healthy, at least cow owners could have made some money.....Huge financial loss for poor farmers.....please get ride cow politics from the society....you cannot make vote out of it....it is too late now...let the people eat beef who are interested and enjoy...if BJP are not interested just shut their mouth and keep quite...
Cows in custody of muslims are only mathas rest are........
Viren Kotian, Udupi..... How do you say \ one particular community \" You are totally wrong... Christians, Hindus and Muslims are eating beef....Up date your knowledge...."
@ viren kotian jiiii
if human mother die.. their own son or daughter they will take care about them,
but here u r saying right ur mother is cow , what ur comments here we need that
please take care of ur own mother the
Ha ha...Viren....
Mother's will die even human...but will you leave your mother to be rotten on streets.......as you do... you stop mother GO politics and do something by your own ....did you ever serve a cow or your own mother..?
Dear Viren/Naren,
Do you give your mother better care and try to give best treatment if she is hospitalized or she is sick? If yes. Why not to your mother cow. Don't give unnecessaary comments which divide the communities. Go and save these dying cows. God will give you reward for saving these mothers. Every one die that every one knows. Then why you spend money for hospitalization
If only the holy cow could write an essay on her everyday life in India & voice her concern on people killing & getting killed in her name.
Indian people are treating a human being as an animal on the grounds that he/she ate an animal (cow).
this indian people never change their emotional they even cant allow to eat or live.
this makes more beef trade. lets have some fun.
It clearly shows that nobody can change the cruelty of the animals, let leave everything to the almighty, lets allow ghost eat the feast everyday,,.
Beef ban and ban on cow slaughter is the most idiotic law. It is sure the cows will have a slow death of starvation and thirst.
these groups if they are really interested in truly breeding sacred animal , then why 30 cows perish in a day ??? its all just for politics only! even the labors of the shed not paid for months?? india today has exposed these \gau rakshas\" politics !!!"
Achedin for cow vigilantes but bad day for cows and other civilized people. The expense of the cows should be inquired by Supreme court monitored SIT!
the whole population there must be living in fear & may not be coming out of their houses as the chaddi baniyan gang from the cow vigilante brigade must be wanting to thrash the daylight out of these residents?May be sec.144 should be in place or may be security forces be sent.Another problem is the traditional professionals who skin dead cows may also be scared of the above brigade as they also will be thrashed.That leaves govt.in a dilemma what to do, really pitiable situation in this sleepy state?May be FDI should be welcome from foreign countries,who could help us clean this problem?God save us!
Not only cows, human mother also will die. No one is permanent in this world. stop this politics. Here nobody ate mother's flesh unlike the members of one particular community.
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