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
Cheering PAK against india is wrong. But Anyone can celebrate any team. There is no law.
@milan u sound like, terrorism is wrong, but anyone can be terrorists. there is no law. :P
shame on jihadist muslims who back stab our motherland , shameless beggars .kick them out of india or hack them .
How cheering for Pakistan Cricket Team is wrong? Can we then support England team when the British had ruled and looted India for 200 years? There are numerous England supporters in India but no one is against them! Can we support France in football when French had looted and invaded India? Why do Indians support Brazil or France or Germany in FIFA when Indian team is not playing in it? Indians only need to support Kabbadi instead... Come on guys, just keep aside your enemity atleast in sports.. Support whichever team you like..
They should not have celebrated Pak win openly...if at their home does not matter but not openly....their soldiers are killing our innocent soldiers....
Cheering for a team of enemy country, Celebrating the victory of enemy country against our own country is not at all justified. We all Indians should be ONE against such country in any activity. There is hard feeling or soft feeling PERIOD.
Are we going to celebrate victory of Bangladesh against India??? No one does that. Then, why Pakistan???
Some fools are celebrating pakistan victory and saffron b.fools are exaggerating it for political mileage
Its proved many times who z bloody anti nationalists , when rama sena hoisted pakistan flag in Sindagi, Mutalik gang s bomb blast in hubballi court , ABVP s Pakistan zindabad @ JNU and now one more allegation, grow up sangis this style bcom old
Soon after the match many of Indian team players wholeheartedly congratulated Pakistani team and shook hands with them. Are Indian team players also anti-nationals? Do they also face sedition case?
Good point Rajan Shetty. Keep commenting. Silence of nationalists will encourage anti-nationals.
These gandutva guys have a very little heart
Whole cricket team of india should be in jail including gavaskar and gambhir . They congratulated Pakistan and praised them...
Actually the fact is ...this is the result of Media propaganda by RSS since many years ......................they were taunting Muslim youths telling Pakistan which they have no connection and bond is real friend......then simply youths started to anger the Saffronists by supporting pakistan verbally ....but some youth still using the same tactic to anger RSS ...but Rss a anti national organization uses the same to polarize ...unlike RAMA SENE which hoisted Pakistan Flag in Sindhagi ...is out of the talk now ????????????
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