The Asian Age

UN human rights body moves top court on CAA

■ Issue of exclusion of persecuted Muslims raised ■ MEA irked, says CAA is India’s internal matter

- AGE CORRESPOND­ENTS with agency inputs

I have great concern over the CAA and seek to assist the court in examining the compatibil­ity of the CAA with India’s Constituti­on, in light of India’s obligation­s under the internatio­nal human rights law. — Michelle Bachelet, UN-HCHR

■„ UN Human Rights Commission­er, former Chile President Michelle Bachelet, has justified her interventi­on by citing her mandate, which is to ‘protect and promote all human rights’

■„ The move has sent shock waves through New Delhi and is being viewed as serious because now the UN itself is seeking to wade through the Indian judicial process to challenge the CAA

In a serious developmen­t that highlights growing internatio­nal concern over the Citizenshi­p Amendment Act, the Geneva-based United Nations Office of the High Commission­er for Human Rights (UN-OHCHR) on Tuesday approached the Supreme Court over “the exclusions of persons... on the basis of their religion” from the CAA.

The interventi­on plea, in which the UN High Commission­er for Human Rights (UN-HCHR), former Chile President Michelle Bachelet, asks to be made party in the case against CAA that is being heard by the top court, says that the “differenti­ations” drawn by the law are not “sufficient­ly objective and reasonable”.

Ms Bachelet, in her interventi­on as “amicus curiae (friend of the court), has voiced “great concern” over the CAA and seeks to “assist the court in examining the compatibil­ity of the CAA with India’s Constituti­on, in light of India’s obligation­s under the internatio­nal human rights law”.

New Delhi reacted swiftly, saying the CAA is an internal matter” of India and that “no foreign party has any locus standi on issues pertaining to India’s sovereignt­y”.

Terming the CAA as “constituti­onally valid”, the Indian government expressed confidence that its “sound and legally sustainabl­e position (on the CAA) would be vindicated by the Hon’ble Supreme Court”. New Delhi also linked the need for the CAA to the “tragedy arising from the Partition of (undivided) India” in 1947.

Neverthele­ss, Tuesday’s developmen­t has sent shock waves through New Delhi and is being viewed as serious because now the UN itself is seeking to wade through the Indian judicial process to challenge the CAA.

The apex court is currently hearing a batch of petitions challengin­g the constituti­onal validity of the amended citizenshi­p law and had on December 18 sought the response of the Centre.

It is understood that the Supreme Court will now determine the locus standi of the UN-OHCHR in the cases challengin­g the CAA.

Ms Bachelet has justified her interventi­on before the Supreme Court by citing her mandate, which is to “protect and promote all human rights”. She has said in the plea that the High Commission­er is the principal human rights official of the United Nations whose role, thus, is to promote adherence to internatio­nal human rights law and to support the domestic courts with their constituti­onal or judicial functions. Ms Bachelet stated that she and her predecesso­r have filed several amicus curiae briefs on issues of public importance.

Just last month, in what is being seen as somewhat of a precedent, a Special Rapporteur of the United Nations had moved the Supreme Court seeking to assist it in the matter concerning deportatio­n of Rohingyas from India. Rohingyas are facing persecutio­n in Myanmar and the Supreme Court is hearing a petition filed in 2017 against the Indian government fs plan to deport all Rohingya Muslims, estimated to be around 40,000, back to Myanmar.

In its 12-page interventi­on applicatio­n, the UN-OHCHR has welcomed as commendabl­e the “stated purpose of the CAA”, which is to protect “some persons from persecutio­n on religious grounds”, but raised the issue of exclusion of various sects of persecuted Muslims.

“The CAA can potentiall­y benefit thousands of migrants in an irregular situation, including refugees, who might otherwise face obstacles in obtaining protection from persecutio­n in their countries of origin including through the grant of citizenshi­p. This is a commendabl­e purpose,” OHCHR said in its applicatio­n, but then added that there exist “religious minorities in these countries, especially of the Muslim faith, including Ahmadia, Hazara and Shia Muslims whose situations would warrant protection on the same basis as that provided in the preferenti­al treatment proposed by the CAA”.

The plea maintains that all migrants, regardless of their race, ethnicity, religion, nationalit­y or immigratio­n status, enjoy human rights and are entitled to protection. The OHCHR said the CAA raised important issues with respect to internatio­nal human rights law and its applicatio­n to migrants, including refugees.

The CAA also raises other issues, “including its compatibil­ity in relation to the right to equality before the law and non-discrimina­tion on nationalit­y grounds under India’s human rights obligation­s”.

Referring to several internatio­nal covenants, it says India has “championed the right to equal protection of the law” and the right to equality before the law.

Ms Bachelet stated that the plea “seeks to provide this Honourable Court with an overview of the internatio­nal human rights norms and standards with respect to states’ obligation­s to provide internatio­nal protection to persons at risk of persecutio­n in their countries of origin; the enjoyment of human rights by all migrants; and the right to equality before the law, equal protection of the law and the right to non-discrimina­tion, as applied to migrants”.

Reacting to the plea in Supreme Court, the ministry of external affairs (MEA) said, “Our Permanent Mission in Geneva was informed yesterday evening by the UN High Commission­er for Human Rights that her Office had filed an Interventi­on Applicatio­n in the Supreme Court of India in respect to the 2019 Citizenshi­p Amendment Act (CAA). We strongly believe that no foreign party has any locus standi on issues pertaining to India’s sovereignt­y.”

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