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
Bhupanna, first look your face in the mirror ... do not waste your time eating Arab salary, ..Come back and serve Go matha and Bharat mata ... Increase the export of cow meat.. hypocrites ...
ShitKazi, like all Muslim minds you too have a crooked one.
Bhupanna. Pahle apne Bharat mata per ehsaan kar, bad me doosro ka soch .... so you are running the saudi govt. bloody shit .... If you are really running the saudi govt, I would like to learn many things from you, can u do that ??, then pls give the contact, so that i can benefit from you ....
ShitKazi, I am doing a job which needs brains and a bit of skills which you Muslims don't have. I help save a lot of lives and you should be greatful to me that I chose to come here.
Tum pe Eshan kar raha hoon.
Bopanna. you are supposed to be in India drinking GO MUTRA.... what are u doing in saudi --- drinking arab mutra / sh*t .....shame less hypocrite ...
Skazi, Saudi tere Ammi ka hai Kya ?
If there was fast track court for these cases , they may have released earlier...
Bhupanna, India is not your fathers property ......
Bopanna,
You cannot get baby like Muslims family getting, because of you are jealous mode, if you can also you will get only one after that you become tired she will go with others, it's normal routine in rss and right wings family also your leaders are not getting married and they are using also, its fact, dont insult Muslims like 45 children,Muslims can do any thing not like you ok mind it.
@boppana thnx for bad suggestions but i want to ask y should we go to pakistan. we born in india and die in india let me ask you y r u in saudi? its a islmic country y dont u work in india . the police man who had been killed in jail may be he is a sincer
Analyst Mole, if \The judicial system of Pakistan is far better than India\", please feel free to go over and settle there. Please take your four wives and their 45 children and also the family. I'll buy you freee one way tickets"
CMji please take Abdul Nasser madani too to Bhopal jail and help him reach his 72 virgins quickly ,, allah is waiting for him
You were feeding them because they were not criminals....this is your vote bank politics....UP election....how come you kill them just because they eat biriyani...these innocents were not criminals, they were under trial, you cannot prove them that they were involved in any sort of criminals...just because they are Muslims you killed them....
Mallya ran away with 10000 crores...you did not speak...but this people had 20 Rupees biriyani...you killed. them.... what kind of justice is this...
yes we need fast track courts and not FAKE ENCOUNTERS....
IF you want to save tax payers money, get rid off vajpayee and jaswant singh who are rotting on death beds and wasting tax payers money ....
Prisoners in Indian jail serve Biriyani and Shivraj Singh Chowhan eat shit...very kind hearted man he doesn't know what a situation in the jail
Yes we have to hang purohith, sadwi like all hindu terrorists in fast track court.
Yesterday Pakistan Supreme court orders probe against PM Nawaz Sharif on corruption charges in-spite of that he is running the country.The judicial system of Pakistan is far better than India where the judiciary is corrupt working under communal political leaders.
Dear CMji
FYI, deadliest Brahmin sanghi terrorists like sadhvi, aseemanand, purohit, kodnani and many others too are served chicken biryani (non veg) in jails on tax payers money for years now. Please recommend your centre govt. to feed them pure veg meal Daal Chawal only.
\Jailed terror accused eat biryani for yrs.\" So you killed them Mr Chouhan? Money-saving plan!"
We need Fast track on Vyapam too. many have been forgotten Vyapam scam
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