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

March 3, 2020
New Delhi: 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 application was 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. IANS

NHRC issues notice over alleged risks to kids’ data privacy in US AI company-NGO Pratham collaboration

New Delhi: The National Human Rights Commission (NHRC) has issued notices to the Union Ministry of Electronics and Information Technology, the Department of School Education and Literacy, the Department of...

J&K CM orders probe into alleged harassment of Kashmiri students at private varsity in Punjab

Srinagar: Jammu and Kashmir Chief Minister Omar Abdullah, on Tuesday, ordered a probe into the alleged harassment of Kashmiri students at the CT University in Punjab's Ludhiana. Omar Abdullah ordered...

Lawyers defending Youth Congress protesters criticise Chib’s arrest, call it ‘vendetta’ over AI summit protest

New Delhi: Senior advocates representing Indian Youth Congress (IYC) protesters have strongly criticised the arrest of the outfit's President Uday Bhanu Chib in connection with demonstrations during an international AI...

Arunachal CM, Northeast leaders condemn racial abuse of 3 women in Delhi; seek swift action

New Delhi/Itanagar: Arunachal Pradesh Chief Minister Pema Khandu on Tuesday strongly condemned the alleged racial abuse and humiliation of three women from the state in South Delhi and urged the...

SC suggests govt reconsider Sonam Wangchuk’s detention under NSA

New Delhi: The Supreme Court on Wednesday orally asked the Union government to reconsider the continued preventive detention of Ladakh-based social activist Sonam Wangchuk under the National Security Act (NSA)....

An advocate cannot seek information on behalf of a client under the RTI Act: CIC

New Delhi: The Central Information Commission (CIC) has dismissed an appeal filed by an advocate seeking information under the Right to Information (RTI) Act related to the termination of a...

Safe use of roads integral part of right to life under Article 21, says Haryana human rights panel

Chandigarh: The Haryana Human Rights Commission (HHRC), taking a firm stand on issues related to road safety, has categorically held that the safe use of public roads by citizens is...

Muslim rights leader says govt assured action over Waqf property registration, flags concerns over jihad narrative

New Delhi: Indian Muslims for Civil Rights (IMCR) Chairman and former MP Mohammad Adeeb on Saturday said that Union Parliamentary Affairs Minister Kiren Rijiju has assured a delegation of the...

Mirwaiz Umar Farooq expresses concern over arrest of people in decades-old cases

Srinagar: Senior religious and separatist leader, Mirwaiz Umar Farooq, on Friday, expressed concern over the arrest of people in decades-old cases.   Mirwaiz, while speaking at the Friday congregation at...

No one should be pressurised to sing, or stopped from singing Vande Matram: Maulana Shahabuddin Rizvi

New Delhi: All India Muslim Jamat chief Maulana Shahabuddin Rizvi Barelvi on Tuesday said that the national song Vande Mataram should neither be imposed on anyone nor should any person...

Sanchar Saathi app not mandatory, can be deleted: Scindia amid privacy row

New Delhi: Sanchar Saathi mobile app is not mandatory and can be deleted, said Union Minister for Communications Jyotiraditya Scindia on Tuesday, amid the privacy row. Speaking to the media,...

NHRC seeks report on attacks against journalists in Kerala, Manipur, Tripura

New Delhi: The National Human Rights Commission (NHRC) has taken suo motu cognisance of media reports about attacks on three journalists in separate incidents in Kerala, Manipur, and Tripura. The...

Read Previous

Will debate Delhi violence on March 11: Govt

Read Next

Modi, Kejriwal discuss Delhi violence, coronavirus

WP2Social Auto Publish Powered By : XYZScripts.com