Skip to main content

Hague protesters fear 'normalization' of rights violations against Hindutva opponents

Counterview Desk
A statement following one of the series of protests held in the Netherlands against the Citizens Amendment Act (CAA) by the Indian diaspora in front of the International Court of Justice ( ICJ), based in The Hague, has sharply criticized “the Indian Government’s purported discrimination amongst its citizens under the garb of providing citizenship to ‘illegal immigrants’.”
Pointing out that since December 15, 2019 protests across India have resulted in more than 25 deaths across the country “as a result of police brutality”, and all the victims are Muslims, the statement says, “In addition to these incidents, rampant human rights violations are apparent against only those individuals peacefully protesting against Indian government’s decision to implement a nationwide National Register of Citizens (NRC) and the discriminatory Citizenship (Amendment) Act, 2019.”
It adds, “This is symptomatic of the Indian Government’s intolerance towards its Muslim minorities and any movement that supports equal protection for Muslim minorities.”

Text

In light of the recent events in India, a group of Indian diaspora residing in the Netherlands, is deeply disturbed by the turn of events have decided to protest against the Government of India before the Peace Palace. The protest is directed against the enactment of Citizenship (Amendment) Act, 2019 (CAA) followed by gross perpetration of human rights violation against its citizens by the Government of India.
The preamble to the Constitution of India defines India to be a sovereign, socialist, secular, democratic, republic. The Preamble constitutes the basic structure of the Constitution (Keshavnanda Bharati v State of Kerala (1973) SCC 225) and is beyond the amending power of the legislature (SR Bommai v Union of India (1994) 3 SCC 1).
These principles enshrined in the Preamble are further galvanized within Part III of the Constitution wherein Article 14 directs the State to ‘provide equal protection of laws for every person in the territory of India’ and Article 15 prohibits the State from discriminating amongst its citizen on the grounds of religion, race, caste, sex, place of birth or any of them.
The Citizenship (Amendment) Act, 2019 colours the Indian Government’s purported discrimination amongst its citizens under the garb of providing citizenship to ‘illegal immigrants’.
The new amendment to Section 2(1)(b) of the Citizenship Act, 1956 renders all Hindus, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before December 31, 2014 and have continuously resided in India for a period of 5 years after the said date as legal Indian residents.
This very classification is not only violative of the Constitutional provisions mentioned above, it also jeopardizes citizenship of Indian citizens who do not belong to the aforesaid religions.
The Constitution does not permit State to enact legislation based on religion, race, case, sex, and place of birth unless such legislation is made for the welfare of minorities. Through this Act, the Indian Government has discriminated on the basis of religion by providing explicit protection to the already majoritarian religions and by implicit exclusion of Indian Muslims.
In addition to the aforesaid Act, the Indian Government has also announced fresh preparation/updating of the National Population Register (NPR) which forms the basis of the National Register of Citizens (NRC) maintained by the central government. The NPR contains biometric and demographic information of Indian citizens which information can be used to link to the NRC. 
The consequence of such link to the NRC enables the central government to have arbitrary and discriminatory power over detaining, deporting individuals the government deems fit as ‘doubtful Indian citizens’. In fact, the Citizenship Act, 1956 vests complete authority in the central government to detain such individuals and prohibits courts from reviewing its acts which is dangerous to a democratic setup.
The ongoing human rights violation in Assam (callous unreasoned orders passed by quasi-judicial tribunals, multiplication of detention centres for ‘illegal immigrants’) is an example of the effect of NRC.
While these actions by the Indian government led to unrest among the Indian masses, forceful illegal detentions and police brutality against students of Jamia Milia Islamia in Delhi and Aligarh Muslim University in Uttar Pradesh participating in these protests fuelled a nation-wide protest.
Article 15 prohibits state from discriminating among its citizen on grounds of religion, race, caste, sex, place of birth or any of them
Since December 15, 2019, protests across India have resulted in more than 25 deaths across the country as a result of police brutality. It is interesting to note that all of the victims are Muslim protestors and the respective state governments have denied any compensation to the families of these victims.
In addition to these incidents, rampant human rights violations are apparent against only those individuals peacefully protesting against Indian government’s decision to implement a nationwide NRC and the discriminatory Citizenship (Amendment) Act, 2019. This is symptomatic of the Indian Government’s intolerance towards its Muslim minorities and any movement that supports equal protection for Muslim minorities.
Not only are the acts endangering lives of thousands of protestors, open threats by democratically elected BJP leaders to perpetrate human rights violations against individuals protesting against the government is harrowing and threatens the peaceful co-existence of Indians. We also fear radical normalization of human rights violations against people opposing the ‘Hindutva ideology’.
The protest before the Peace Palace is an active plea for the international community including human rights organizations, representatives of governments to take due notice of these illegal acts committed by the Indian Government and condemn acts connected with ‘Hindutva ideology’ as an act of State sponsored terrorism.

Comments

TRENDING

Buddhist shrines massively destroyed by Brahmanical rulers in "pre-Islamic" era: Historian DN Jha's survey

By Our Representative
Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book, "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

RSS' 25,000 Shishu Mandirs 'follow' factory school model of Christian missionaries

By Bhabani Shankar Nayak*
The executive committee of the International Union of Anthropological and Ethnological Sciences (IUAES) recently decided to drop the KISS University in Odisha as the co-host of the World Anthropology Congress-2023. The decision is driven by the argument that KISS University is a factory school.

India must recognise: 4,085 km Himalayan borders are with Tibet, not China

By Tenzin Tsundue, Sandeep Pandey*
There has as been a cancerous wound around India’s Himalayan neck ever since India's humiliating defeat during the Chinese invasion of India in 1962. The recent Galwan Valley massacre has only added salt to the wound. It has come to this because, when China invaded the neighbouring country Tibet in 1950, India was in high romance with the newly-established communist regime under Mao Zedong after a bloody revolution.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur*
Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Time to give Covid burial, not suspend, World Bank's 'flawed' Doing Business ranking

By Maju Varghese*
On August 27, the World Bank came out with a statement suspending the Doing Business Report. The statement said that a number of irregularities have been reported regarding changes to the data in the Doing Business 2018 and Doing Business 2020 reports, published in October 2017 and 2019. The changes in the data were inconsistent with the Doing Business methodology.

Delhi riots: Cops summoning, grilling, intimidating young to give 'false' evidence

Counterview Desk
More than 440 concerned citizens have supported the statement issued by well-known bureaucrat-turned-human rights activist Harsh Mander ‘We will not be silenced’ which said that the communal riots in Delhi in February 2020 have not been caused by any conspiracy, as alleged by the Delhi Police, but by “hate speech and provocative statements made by a number of political leaders of the ruling party.”

WHO chief ignores India, cites Pak as one of 7 top examples in fight against Covid-19

By Our Representative
In a move that would cause consternation in India’s top policy makers in the Modi government, Dr Tedros Adhanom Ghebreyesus, World Health Organization (WHO) director-general, has singled out Pakistan among seven countries that have set “examples” in investing in a healthier and safer future in order to fight the Covid-19 pandemic.

Tata Mundra: NGOs worry as US court rules World Bank can't be sued for 'damages'

By Kate Fried, Mir Jalal*
On August 24 evening, a federal court ruled that the World Bank Group cannot be sued for any damage caused by its lending, despite last year’s Supreme Court ruling in the same case that these institutions can be sued for their “commercial activity” in the United States.

Online education 'driving' digital divide: $1.97 bn industry's paid users grow at 6x rate

Counterview Desk
The People’s Union for Civil Liberties (PUCL), Maharashtra, in a new report in the series on Lockdown on Civil Liberties focusing on education has said that there is a huge “push-out” children due during the pandemic, with deepening digital-divide playing a major role.