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
what the hell man!!
modi fan ask your mother what has congress done so far, you would be born to british pig if congress not fought for our beloved country, you are the biggest traitor, am assamed of you.
may be you born to them god knows
Muslim rajya after 50 year & you will be minority...pack your bag now itself to nepal..
but we muslim always respect the minotity or majority irrespective of cast,.
hindu, muslim, crist all people are belong to one GOD.
they we leave peacefull life after india become muslim country. mark my word very soon
I appreciate mewani. only dalits grassroot leaders can understand pain of fellow caste men.... dalits should understand this , instead of following uppercaste ring leaders , should think their empowerment thru themselves or thru with the support of like minded parties and by aligning with the people those make you to suffer since centuries...
Young Mevani is a respectful Leader!
Dalits must stand in Solidarity with the oppressed people of India.
Who the hell are you Mevani ? What locus standi do you have in our State Karnataka. To hell with you and your Urban Naxalites. You can keep on ranting and spewing your venomic diatribes against the Nationalists. We people of Karnataka will only dismiss you with the contempt you deserve. We are ready to confront you on every possible forum. This fight between you and the patriots are not going to be restricted to electoral battles. We will fight you on principles and ideologies. You might have won your election with the tacit support of the Congress. You and your ilk will face your waterloo in Our Karnataka.
Just to encroach votes and to grab the power chair, these traitors are dividing people based on caste and religion. If they are so generous let them shell out from their pockets throughout the year to each family..why just during election time? When I am standing and breathing in this land we should respect this India. Don't bark like mad street dogs, rather go help people who are really suffering being poor. Don't bring your propaganda for political gain and power !!!! and I belong to lower caste but I am Indian first
you want Congress? are you brainless? What has Cong done since independence? why the country is still like this? only an idiot would help Cong come back in the center. Rahul is a joke..
Kannadigas, Wake up and Be aware! Very shortly you are likely to be overrun by a pretender called Mewani that only talks about dalit cause, but himself hobnobs with the New Delhi/ Congress elites. He did not even visit the families of the dalits who were recently murdered in UP and Haryana, and also not reported by English media because "it did not fit their narrative". Several Hindi media covered the news story and also pointed out this hypocrisy of Mewani and others.
Another idiot who is portraying his unashamed personal ambition as a Dalit grouse! Another Kachadawal in the making. The original will bite the dust next time around; the new one will as well.
He said the same in Gujarat.. now in karantaka. No use actually. final result will be favour to BJP
I dont think so, Mr. Mevani can make big difference..! He is against BJP. BJP people are strong enough. May be BJP may give feeling of losing. But they are working hard behind.. They will do all the gimmicks. Through that they will "snatch" dalits and minority votes too
Whatever happen, there are still hardcore BJP fans.. They will do anything for BJP.. brainless people
BJP cant snatch not a single vote from dalits (if they have brain)
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