Finally, UN becoming relevant to people by filing petition in SCI against GoI but needs such on Kashmir too. By Hem Raj Jain
04 Mar 2020
Prez Trump should develop friendship with Government but not at the cost of Indians. The intervention application (as reported at https://thewire.in/diplomacy/un-human-rights-chief-intervention-application-supreme-court-caa ) filed by the United Nations High Commissioner for Human Rights (UNHCHR) in Supreme Court of India (SCI) against the ‘Citizen Amendment Act’ (CAA) is a welcome move, in order to secure human rights all across the world by the UN. which was long overdue
The United Nations (UN) has been approached in the past too by Indians when their human rights were violated by Indian State (not merely by its Government but also by its Parliament, Judiciary and NHRC) but the pet response used to be that under ICCPR the UN can’t do anything because India is not a signatory of its Optional Protocol (OP-1)
Because UN was not doing anything, in other parts of the world too, for protecting the human rights of the people as enshrined in its ICCPR, the enforcement of human rights even by the USA was requested about Afghanistan as mentioned at https://www.pakistanchristianpost.com/opinion-details/3552
Anybody who leads his life by remaining on the right side of the law in India knows that the Indian State is highly incapable & incompetent and believes in persecuting especially those who pinpoint the criminal dereliction of the State functionaries (including judiciary). Hence unless UN takes interest in ensuring the human rights of the Indians, the harassed & persecuted majority of Indians have no hope of getting justice.
The UNHCHR has highlighted several times (with no result) that CAA would be discriminatory and violates India’s commitments made under international laws. Hence this petition in SCI should be welcomed by every human right loving person across the world. It is all the more welcome because it is about secular democratic India of ~1.37 billion people which will have salutary effect on bringing HR friendly secular democracy in those countries too, which do not have this modern and progressive pollical model.
No doubt the Government of India (GoI) will oppose this move of UHHCHR and it has already started doing so by illegally saying that that no foreign party has “locus standi” on CAA as it pertains to Indian sovereignty. But UNHCHR need not bother what GoI says about it and rather should file one more such intervention application in SCI about J&K. In this application the UN, if wants, then need not raise even UN Resolution 1948 about J&K because as per 1947 ‘Instrument of Accession’ (IoA) the political fate of J&K is to be decided by the will of the people (plebiscite). The relevant portion of this IoA reads as –“[my Government have decided to accept the Accession of Kashmir State to the Dominion of India. it is my Government’s wish that, as soon as law and order have been restored in Kashmir, and her soil cleared of the invader, the question of the State’s Accession should be settled by a reference to the people. Yours Sincerely Sd/- Mountbatten of Burma]”
This IoA clearly shows that J&K is not a ‘bilateral issue’ between India and Pakistan (as India parrots 24x7) rather it is a matter to be decided by the people of united J&K. The UNHCHR has rightly agitated the issue of CAA in SCI because it has already claimed 46 lives and over 200 injured in Delhi riots and the CAA had led to widespread protests in India, starting with northeastern States. But Kashmir problems is much more serious than this. The Kashmir problem has already caused the loss of tens of thousands of lives, many more injured, immense loss of properties and honor during last over 7 decades. Even now especially since August 5, 2019 practically entire mainstream politicians of Kashmir are illegally imprisoned and the human rights of the people of J&K are being denied to them after what GoI did illegally about Article 370 and 35-A of the Constitution and about illegally converting the State of J&K into two Union territories.
This should arouse the moral sensitivities of the UNHCHR that the GoI is imprisoning the people of Kashmir and the security forces of Hindu majority India (instead of taking Pakistan side of Kashmir for carrying out plebiscite in united-J&K as mandated by IoA and also by UN Resolution 1948) are showing their bravery by training guns on the people of J&K (mainly Muslim Kashmiris) under AFSPA, PSA, sedition laws (for demanding separation) etc. whereas people of J&K as per IoA have every right to decide whether they want to go with India or with Pakistan or remain independent.
Here it is pertinent to mention that in view of illogical support Prez Trump has been giving to anti-people communal policies of Modi government it is expected that the Prez Trump will realize one basic principle of international politics especially in present age of democracy. Which is that the relationship of USA with India will be long lasting only when the US administration will keep in mind the welfare of the people of India (who are permanent) instead of merely pleasing its government (which is temporary).Therefore Prez Trump should use his office and friendship with PM Modi to make GoI see reason and not to come in way of the human rights of the Indians.
It is hoped that the UN / UNHCHR which has started the long overdue processes of securing human rights of the people as enshrined in its ICCPR by filing petition in SCI will take it further not only by filing similar said petition about J&K but also will try to develop an elaborate mechanism (including by converting OP-1 into Mandatory Protocol MP-1 of ICCPR) to secure the human rights of the harassed & beleaguered people in other parts of the world.