UNHCHR files intervention application in Supreme Court of India against CAA

In a twist of events, United Nations body the UN High Commissioner for Human Rights (UNHCHR) sought to intervene as Amicus Curiae to assist the Supreme Court of India in adjudicating the constitutional validity of the Citizenship Amendment Act (CAA). According to the UNHCHR, the CAA appears to discriminate against “persecuted Muslim communities”.

UNHCHR chief Michelle Bachelet who filed the intervention application in the Supreme Court of India stated that the move is commendable given that it can potentially benefit thousands of migrants in an irregular situation including refugees who might otherwise face obstacles in seeking protection from persecution in their countries of origin through the grant of citizenship. However, raises a number of issues related to India’s wider human rights obligations in the context of fundamental principle of non-refoulement, that is no forced repatriation of refugees to their home country.

The Ministry of External Affairs (MEA) condemned the UNHCHR stating that it was an internal matter and that no foreign body has locus standi to intervene in the matter. The MEA asserted that the CAA is an internal matter of India, and concerns the sovereign right of the Indian Parliament to make laws.

According to MEA spokesperson Raveesh Kumar, “India is clear that the CAA is constitutionally valid and complies with all requirements of its constitutional values, Kumar said. It is reflective of our long standing national commitment in respect of human rights issues arising from the tragedy of the Partition of India.”

He further added that India is a democratic country governed by the rule of law. “We are confident that our sound and legally sustainable position will be vindicated by the Supreme Court.”