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
You have seen these Coward Hindus only as Slaves of the Mughals first then British when they were meek and do anything demanded by their rulers. as soon British gave them freedom they became worst than HITLER.
Ajit Singh.
and then they say india is a democratic country....during voting these people were like beggers.......... in their manfiesto these people did not metion about beef banning....hell wid such people....
Now beef is your god.. so wen we dont stop eating it you will change to chicken? or crow? goat?? Next wat after beef?
You don't want to eat beef, then don't eat. Don't force others to follow your religion.
If you want to force others, then stop Millions of tons of Central govt. supported BEEF exports first.
This is how you start attacking on us on pretext of Gau Matha. When they retaliate you label them as TERRORISTS. These actions will lead to communal clashes and eventually may lead to civil war and end up loosing lakhs of lives of INDIANS.
@Ashwin Mangalore
The action force them to rebell against RSS terrorists and then dont cry or blame them for their reactions. Mind it.
Heloo victims, if your business is cattle, be ready to face the boldly nonsense parivar take some things from you and beat them dont be afraid start throwing the stone or slap. I request all trader of cattle take weapons with you and start fighting with them or other way stop the business. one more things live like tiger like muslims dont live like rat like RSS.
\Indeed, Hell has been lying in wait. For the transgressors, a place of return,In which they will remain for ages [unending].\" - Qur'an 78:21-23"
Peace Lovers here are getting very frustrated. RSS numbers will keep increasing and others can keep on crying
They will do what they are taught to do in their religion.. This is not their fault this is their parents fault.. If they had a bit heart they would never do like this.. Above all our creator is watching them.. In Sha Allah this is Ramadan month and he will give them back in different manner In Sha Allah..
Well said Ali, Enough is enough now we have to attack them and force them to eat our Shit as it's holy for them.
Cheddis please visit Sangeet Som and do your dirty evil act there... dont forget the one who gave U this life will account your deeds. Beware ! U can get away with the support of evil leaders but not the one who CREATED U & ME unless U repent and never to commit again..
EFFECT OF ACCHE DIN IN INDIA BY BJP ...
bloody ba*l less goons... better wear bangles n clap... gal raksha dal...
Modi deserves same treatment. In his government india reached no.1 position in beef exporting. Without killing the name sake god cow, and without the support of modi, its impossible to reach no.1 position in beef exporting.
Muslims should attack on RSS by feeding humans waste. We will purify them by feeding humans shit, because muslims eat Hindu God, and it comes out in the form of shit.It should be called as prasada for them.
Murder of democracy
Murder of democracy
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