CAA lacks objectivity, not in sync with intl covenants: UNHRC to SC


New Delhi, March 3 (IANS): The UN Human Rights Council has moved an intervention application in the Supreme Court criticizing the Citizenship Amendment Act, as it puts Muslim migrants at risk and also has issues of reasonableness and objectivity, which may not be in sync with India's commitment to international covenants.

The applicationwas filed by Michelle Bachelet Jeria, the UN High Commissioner for Human Rights (the High Commissioner).

The High Commissioner has sought to intervene as amicus curiae (third-party) in the case, citing her mandate to protect and promote all human rights and to conduct necessary advocacy established pursuant to the UN General Assembly resolution.

"While reducing the risk of refoulement for certain communities, the CAA unequally places other communities at such risk. Accordingly, the narrow scope of the CAA, which extends protection from return only on religious grounds and limited to the specific ethno-religious groups, may not be sufficiently objective and reasonable in light of the broad prohibition of refoulement under international human rights law," said the High Commissioner in the application.

The application said that for the purpose of this intervention application, in the present case, the question is therefore not a matter of the general purpose of the law, but whether the differentiations drawn within the law (CAA), namely the exclusion of persons from the scope of the law, on the basis of their religion is sufficiently objective and reasonable.

The application says the CAA protects Afghan, Bangladeshi and Pakistani Buddhist, Christian, Hindu, Jain, Parsi and Sikh migrants who meet the conditions set out in the CAA from being returned to a country where they would face persecution on religious grounds, by addressing their irregular migration status by providing them with an expedited pathway to citizenship.

"While this is a worthy and commendable objective, it raises a number of issues related to India's wider human rights obligations in the context of the fundamental principle of non-refoulement," added the plea.

  

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Comment on this article

  • Save my India, India.

    Tue, Mar 03 2020

    This is a clear example of how laws are passed in India without any consideration for any values.
    India should be taught by the international community, as to how to become part of the world in a global sense, and not on lines of Nazis and Facists.
    Jai Hind!!!

    DisAgree [2] Agree [1] Reply Report Abuse

  • ad, mangaluru

    Tue, Mar 03 2020

    UNHRC is within its mandate to uphold its international covenants of human rights abuses all over the world as long the said countries are signatories of UNHRC. and I believe India is a signatory. There are widespread abuses by the current government led by Modi. CAA is a blatant violation of such rights where religious tests are done to grant citizenship.

    DisAgree [3] Agree [4] Reply Report Abuse

  • vishnu bhat, bangalore

    Tue, Mar 03 2020

    the Govt at the Centre needs to be kicked even further to make necessary amends to the CAA - if necessary, it must be made to lose face internationally. Let there be more such events that buildup moral pressure.

    DisAgree [3] Agree [4] Reply Report Abuse

  • Rishi, Thane/ Mumbai

    Tue, Mar 03 2020

    Dear Prashanth

    There is blatant misinformation purposefully spread as regards the decrease of the Hindu population in Pakistan as a mark of persecution.
    Even the Home Minister Amit Shah mentioned in the Parliament that the population of religious minorities in Pakistan has declined from 23% in 1947 to 3.7% in 2011. The fact is otherwise.
    According to the 1951 Census of Pakistan, the share of minorities’ population of both West and East Pakistan was 14.20%.
    It was 3.44% in the West Pakistan and 23.02% in East Pakistan. When Pakistan got divided in 1971, the major share of this non-Muslim population naturally remained in Bangladesh and not in Pakistan.
    The census of Pakistan in 1972 recorded the population of religious minorities to be 3.25%, almost around the 1951 figure.
    In the 1998 census, this figure escalated to 3.70%.

    DisAgree [4] Agree [9] Reply Report Abuse

  • Prashanth, Manglore.

    Tue, Mar 03 2020

    Who is this UNHRC to dictate Indian Sovereign country?
    Let them dictate to Pakistan where huge human right voilation going on.
    Where total population of Hindu Community reduced to 2%.

    DisAgree [40] Agree [6] Reply Report Abuse

  • Ahmed, Bangalore

    Tue, Mar 03 2020

    More such actions yet to come from world body, just wait and watch...

    DisAgree [2] Agree [17] Reply Report Abuse

  • G Veer S, Nagpur

    Tue, Mar 03 2020

    India is a signatory to UNHRC, hence bound by law to follow all its laws and has been following. If you and BJP govt wishes to come out of UN then by all means get out. Then India will be a alien country with very weak foreign support and security vulnerable for destruction. BTW, it's not India's internal matter but BJP's internal matter, so there is lot of protest and opposition for CAA including refugees from countries who are eligible for citizenship from 3 countries.

    DisAgree [2] Agree [16] Reply Report Abuse

  • Aadil, Udyavar, Udupi

    Tue, Mar 03 2020

    G. Veer

    Your insight view and elaboration about UNHRC’s role on countries is appreciable. As said, it is not just India’s internal matters. UNHRC has a say in every member countries if she violates the norms.

    Hope the CAA is rolled back soon

    DisAgree [2] Agree [11] Reply Report Abuse

  • John Tauro, M'lore

    Tue, Mar 03 2020

    Is Pakistan not a signatory to UNHRC? Why are they mum on Pakistan’s gross violation of human rights? They should understand that CAA was necessitated in the backdrop of the grim situation of minorities in neighbouring countries. It's high time the UNHRC direct Pakistan for fair treatment of minorities so as not to compel them to flee their homes.

    DisAgree [4] Agree [2] Reply Report Abuse

  • ad, mangaluru

    Tue, Mar 03 2020

    Why are you worried about Pakistan? They have not changed citizenship laws like Modi and Amit Shah has done.

    DisAgree [2] Agree [1] Report Abuse

  • Rishi, Thane/ Mumbai

    Tue, Mar 03 2020

    There is blatant misinformation purposefully spread as regards the decrease of the Hindu population in Pakistan as a mark of persecution. Even the Home Minister Amit Shah mentioned in the Parliament that the population of religious minorities in Pakistan has declined from 23% in 1947 to 3.7% in 2011. The fact is otherwise. According to the 1951 Census of Pakistan, the share of minorities’ population of both West and East Pakistan was 14.20%; it was 3.44% in the West Pakistan and 23.02% in East Pakistan. When Pakistan got divided in 1971, the major share of this non-Muslim population naturally remained in Bangladesh and not in Pakistan. The census of Pakistan in 1972 recorded the population of religious minorities to be 3.25%, almost around the 1951 figure. In the 1998 census, this figure escalated to 3.70%.

    DisAgree [2] Agree [10] Reply Report Abuse

  • Ahmed, Mangaluru

    Tue, Mar 03 2020

    The population of Hindus in Present Pakistan was around 20 percent before the partition . At the time of partition in 1947, there was a huge migration of Hindus from Pakistan to India and Muslims from India to Pakistan . As a result of this migration the Hindu population of Pakistan reduced drastically from 20 percent to around 3 percent . This percentage has remained almost at the same level from 1951 census to 2011 census.
    People are deliberately spreading the false information that the Hindus population has reduced from 20 percent to 2 percent because of conversion.

    DisAgree [3] Agree [6] Reply Report Abuse

  • Eustace, Mumbai

    Tue, Mar 03 2020

    I think this is the first time a United Nations agency objected to Indian law. Time to think why we are increasingly going in the direction of Nazi Germany.

    DisAgree [11] Agree [48] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Tue, Mar 03 2020

    Demonetization, GST & CAA plans are all Ridiculous ...

    DisAgree [12] Agree [55] Reply Report Abuse


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