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 Indian police for registering this kind of cases as even they know this has no basis in constitution.
they supported a cricket or sports team... even I supported UAE Team..I have my right to support any sports team..
PLEASE SEND SRI SRI RAVI SHANKER TO PAKISTANN PLEASEEEEEEEEEEEE
IF HINDHU SAY THAT IS NABOUR CONUTY
IF MUSLIM SAYS HE IS TERROR ACCHE DIN WHA WHA /.
Hope all have gone through below news about shouting slogan in favor of pakistan by Sri Sri ravi shankar ... why you people have not commented on that ....
Pakistan Zindabad....india belong to muslim they ruled for 1000 years, we will take back glory soon.
Mohan; Sharvan, Preethi, Meghana...
Please open your mind and dont fall trap over & over on cheddi media... if You try to accept whatever said in the media again & again even after knowing their LIES ... What should we call U guys...
Dont just make Howdu basava howdu ... for everything which is said in the media ...Use your God given intellectual and stop supporting the aggressor ... cos a day will come when the one who gave this life will account for our deeds done in this LIFE... So stop supporting the aggressor without true knowledge which U might regret later ... as many regretted after becoming voilence with a false statement from the cheddi leaders
Yes these students does not know about what they are talking.
They should be kept behind the bar.
By the way what happened to SRI SRI art of living Swamy who said Pakistan Zindabad??? is he arrested.??
Indians can support any country in any game but when any match is having indian team they should support only india.
@ MEHHNA , PREETHI ,SHARAVAN, MOHAN, KARTHIK ,,
YES WE NEED TO PUNISH THEM HARD , SEND THEM TO PAKISTAN.. EVERYTHING WE WILL DO WT U SAID
SRI SRI SRI RAVI SHANKER SHOULD GO TOGETHER WITH THEM, WE WIL BOOK 3 SEATS IN FLIGHT L
Constitution did not tell citizens to support only Indian team. There is no law saying that, then why on the hell police arrested those innocent people and under which law. In a democracy you have right to chose or support any one you want. Its not a big deal. Pakistan is not our enemy at all, Modiji without informing anyone met Nawaz Sharief, Pakistani PM. It happened because of our friendliness with that country.
I am a good supporter of our Indian team but it does not mean that I impose same on other fellow Indians too.
Grow up guys.
When SRI SRI Shankar said Pakistan Zindabad no action, no arrest,
when a muslim said he is arrested.
INCRIDIBLE INDIA ! WHERE SRI SRI CAN CALL PUBLIC MEETS ! STUDENT JUST TYPED IN WHATSAPP THEY ARE ARRESTED !!
WHEN IS SRI SRI ARREST ! ??????????????/////
if they raised slogans in favor of our arch rival, than take strict action against them. But Please don't touch Desh Bhakt like Ravi shanker !
Send Sri Ravishanker along with Two students from puttur to Pakisthan...Law should be equal for all.Do not bring religion in between.
there is no muslim commentors now ... these two terrorists must be kicked out of india along with their families ... soole maklige they want all benefits here and loyalty to pakistan ... no mercy for these animals .muslims here give big lecturer about religion , but they dont teach manners and basics for their community members .
Yes Mohan should send them pakistan with Ravi sankar...
DEAR PRO-CHADDIS.....
WILL YOU SEND ME SOUTH AFRICA AND ENGLAND IF I SUPPORT HASHIM AMLA AND MOEEN ALI?????
WHEN YOU WILL SEND SRI SRI RAVISHANKAR PAKISTAN FOR CHANTING PAKISTAN ZINDABAD???? WHY NO ACTION ON HIM????
serious action must be taken against them. india the country of peace loving and this type of people misunderstood us for being soft, one thing always should be on head that how much soft we are double to that we could be hard rock.
Pakistan zindabad is slogan of owaisi chaddis. not Bharath matha ki Jai
Now a days its common, need to give proper punishment next time they have to think hundred times before calling this.
both student must be sent to the pakistan, the two dogs of pakistan
me before india started batting: hahahaha we got this wtf pakistAN ZINDABAD
me now: we are brothers and sisters we both win in 1947.....
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