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
Shame on u ppl, rather than being happy for the release of one of our brothers u r blaming each other and some organisation...because of this attitude ur community never unite....specially mangalorean mentality is so cheap never understand anything n don't want to improve as well....shame on u negative thinkers... always remember think good...be good....do good....
I know Nasir personally when he was growing up in Bunder, Jumma Masjid road. He is a victim of social pressure we beary community put on our young men. Only measure we use is financial accomplishment of men and not how they get there. Young men are subjected to keeping up with jones syndrome where money is required to get there. Dowry system (Unislamic) and lavish wedding expenses primarily drive this. Beary's are moving away from Islam and clinging on the material life. The religious leaders don't speak up against this as they are gaining from this materially.
I wish Nasir all the best and may Allah provide him endurance to deal with the stigma.
@ shaukath, what was happening people don know the fact dey speak wrongly, we have worked on it so they know the truth, u can inquire about me, am working in jubail k, give me ur full contact details and i will tell u who is liars.....
Some PFI and IFF supporters always start their comment with a lie: \i am not a PFI or IFF supporter.\" Lairs are never trustworthy."
Am not a member or supporters of IFF , I want to tell the fact wat actually happened, 13 years dey were in jail first 7 years all were scared to contact dem nor legally contacted for the release , since last 5 years IFF followed the case and legally hired a lawyer to fight the matter in court , as it was huge amount IFF requested Althaf ullal to join hands to collect funds and he took responsible to arrange funds as required, but it was not so easy to convince business men in this matter and finally approached and funds were almost done and IFF contributed Good amount also, by giving money matter is not solved, IFF done great work for further formalities to release of this three guys, U can ask donors if wat said is not true .....
As per my knowledge, IFF did not spend a single penny in this cause. many NRI businessmen in Saudi Arabia paid a huge amount of money. CD boss also paid money for their release. but CD report did not mention that in the report. Only IFF wants publicity. Now it is obvious that u want name and not reward. dont worry. Allah will fulfill your niyyah!
Dear All,
why CD has to support IFF, My humble request to CD is not to support these kind of organizations, you will regret at the end if you support these Jahils, you people first learn the basic of the Deen, your keeping muslim youth from learning basic of their deen and busying them in other activities which are no use in this world and in hereafter.
Alhamdulilh !! Masha Allah!May Allah give Hafiya & Hidaya to brother Althaf Ullal & Suhail Kandak & all other subordinates
Dear all please don't request to CD to Mention IFF name, All know who is behind this case, Insha allah, Allah will give all rewards for those who work behind this case
CD is always against IFF all know this.they only publish 1 minister's update even if he dance !!!!!!!!!!!
also CD will not Digest IFF name !!
Alhamdulillah, Welcome back home Nasser.....
Everyone knows who is behind this noble yet coastal digest has failed to publish the name of it. Don't know the reason but one thing is don't be biased on publishing news.
Why these type of reports ! CD should mention IFF for their great Effort !
Dear Respected Readers and Wellwishers indeed its a good thing that those guys are out of Jail and reached their home safely alhamdulillah. Let me clarify you one thing that, The Guy who took this initiative before 8 years in jeddah to release these people is Mr. Suhail Kandak, who is In Mangalore now days. Even he worked very honestly behalf of those guys. So lets not forget his contribution too in this case. As well as donors who supported. Thanks
Great news masha ALLAH ...
how come this Article miss the name of India Fraternity Forum ..they are the one behind this case from last 6 years, really a great dedication & efforts, finally they archived with the help of kind hearted business peoples, Hats off to IFF effort & contributed business icons.
#6@ shamusuddeen,we can unreasteand your mind ,clean your heart and say alhamdulillah..
How IFF are ready to help tainted people, even I was asking them earlier to help some tainted people they refused and they said that we are not helping hand to tainted people, something is fishy in this matter.
Masha Allah great News. BOTH OF THEM IFF AND BUSINESS CAN DO ANYTHING , THIS IS THE RESULT. MAY ALLAH BLESS WITH HIS MERCY BOTH OF THEM IN FUTURE CASE IF ANY.
Good work by IFF and Donors who helped these guys to come out of the jail. May Allah bless you all. Keep go on doing such good social work we will be there with you.
Good news. May allah bless the NRI businessmen for their noble work. Really it will inspire others.
I request with coastal Digest please mention IFF name because i heard that IFF is behind of them for walk free from jail
May Allah bless the NRI businessmen, who helped these poor guys to come out from the prison. It is the real Ibada /prayer, which takes us to Jannah!! Definitely they will get the reward for such good deed!!
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