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

Why do I lend my support to voices protesting world class renovation of Gandhi Ashram?

By Martin Macwan* One would not expect an activist working on Dalit rights to join such a protest. Dalits carry unhealed trauma that Gandhi caused to Dr BR Ambedkar and the Dalit cause of effective political representation by using violent means of his own definition in the event of the Poona Pact. This apart, Gandhi’s ideas in general, which changed often, on caste were orthodox. I have nothing to add to the subject after the sharpest critique offered by Dr Ambedkar.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara 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".

Inaccurate gender-relevant data 'spoiling' government policy on Covid social impact

By Simi Mehta*  The impact of the Covid-19 pandemic has been different across vulnerable groups. They were hit by the pandemic at various stages, whether it was accessibility to medical treatment or financial support. The second wave witnessed human suffering at a level where one can never forget the traumatized faces of people due to the inaccessibility and unavailability of essential medical services such as hospitals beds and oxygen. The probability of the third wave has also been one of the major upcoming challenges.

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.

Flamboyant 'demagogues' adjust politics, personality in shadow of democracy

Modi, Erdogan, Bolsonaro By Ajit Singh The terms dictators and demagogues are used interchangeably in various contexts, but there is a difference. The former rule over a totalitarian states where governments are able to exercise complete influence over every aspect of citizens’ life, whereas the latter are a "wannabe dictators" but due to the system of checks and balances they are are not fully capable to create police states.

Vindictive raids? Centre 'retaliates' after Delhi govt child rights body's clean chit to ex-babu

By Our Representative  Over 700 academics, advocates, activists, civil servants, writers, film makers, journalists, musicians and artists have condemned the raids by the Enforcement Directorate (ED) on the offices and private home of top IAS bureaucrat-turned-human rights and peace activist Harsh Mander, stating, the aim is nothing but to “harass and intimidate” him.

Protests break out as school going children 'branded Naxalites, taken prisoners'

By Sheshu Babu* Conditions in all spheres of life is going from bad to worse. On September 13, Political Prisoners' Day was observed. On that day, Jatin Das, friend of Bhagat Singh and member of the Hindustan Republican Socialist Association, passed away after 63 days of hunger strike. He demanded 'political prisoners' status to those who have been jailed by the state.

Celebrating birthday amidst image of 'coerced, submissive' India ruled by a strong leader

Pushkar Raj*  As the weeks long birthday festivity of the leadership was being rejoiced India wide, the Covid was still raging in several parts of India. The carnival was in line with the post-Covid decisions and actions of the leadership demonstrating a pursuit of personal power and glory instead of national interest in times of disease and death.

Catholic women warn: Kerala Bishop turning Church into puppet in political games

Counterview Desk A group of Catholic women under the banner Concerned Catholic Women of India has said that they are deeply concerned over "a bishop’s controversial statement" which may threaten communal harmony in India. As many as 89 Catholic women from across India have urged the Catholic Bishops’ Conference of India and its Kerala unit to take special steps to "foster peace and avoid strife."

No space for 2 lakh waste pickers in Delhi masterplan for next two decades: Study

By Our Representative  A new survey report prepared by the NGO Chintan Environmental Research and Action Group on the challenges faced by waste pickers in managing solid waste in Delhi, “Space for Waste - 2021”, has regretted that currently, there is no provision of workspace for waste workers, hence they carry out their work of segregation, repairing, and composting at different locations.