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
hahaha muslims always find problem where they are ... In arab world they find enemy in the name of Israel , in west they scream that chummag ge gummah madthavre americans and christains antha ... bosnia dalli serbians mele ... burma dalli namma buddhist mele ... india dalli RSS mele ... hane baraha ashte ... no islamic country is peaceful as it is full of terrorists . Iran is an exception as they are shia ... 99.99% terror crimes , frauds , smugling , rapes are done by one particular community only ... still they scream they innocent anthe , mullahs give us a break ... we know what you are doing ... Hindus are well aware of what jihadist did for their culture , how indian women were raped and places of worships were destroyed . yaavano helidnthanthe RSS mukhta bharatha madthini antha ... adakke chummah gang namgobba leader sikkavne , madiji ge manja tinsona antha scheme haaktha idave ... hahaha ... RSS is not a local organisation ,it has so powerful lobby and very vast network across the globe ..next only to jewish lobby now . jewish and Indian lobby work together ...RSS is 100 times more stronger than these scums imagine .. nothing wrong in questioning muslims and if they are not found guilt send them out ... india must be free from terrorism ... so NIA must watch madrassas which are symbol of terrors and seminaries , which is a breeding ground for jihadist acts ...jai ho israel .. jai ho india ... long live Indo israel relationship ... death to enemies of israel and india ... hara hara modi .. jai jai modi ... jihadi gala pinkaan ge mirchi biddu ice mele koorlikke horadtha ive antha kanuthe ... yakku baba ... bholo bharath mata ki jai ... i heard one jihadi lady , pinkaan nalli 1 kg gold madikondu bandu namma police kaili sikki haakondavlanthe howda mullah gala .. hahahahha
Maulana thariq jameel is a scholar, his speech has changed many lives all over the world, and his speech CDs are commonly available in India and in gulf countries.
Kumar, if Muslims threw you out from India...we would not have seen you talking like this here in CD....it is because of your kind of people our country is not progressing...facing lot of problems now and then....Burma will suffering because of their wrong doing....
Muslims are not terrorists....RSS made them scafegoats
We Indians must stand up and voice and war against terrorists and terrorism. I salute Bihar CM Nithish Kumar's call for free RSS.
If we get rid of RSS then there will be peace everywhere in India.
RSS is the root cause of terrorism.
@ VENKI MANGALORE
YA YA BJP DPING THE WORK PROPERLY YES U R RIGHT
THEY TRING TO MAKE COW AS MOTHER AND BAN IN INDIA
BAGWATH GEETHA TO ANNOUNCE NATION HOLLY BOOK
THESE THEY DOING WORK RIGHT NOW
I feel sympathy for those CD anti muslim viewers who try to sling the mud on muslims stored in their backyard
@ KUMAR MANGALORE .
MIND UR WORDS.. DONT TALK AGAINST THE MUSLIM
TALK AGAINST THE TERRORISM
NEED TO CATCH VHP WE WILL GET THE PURE LINK...
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