Intervention application by UNHCR on CAA

The Office of the United Nations High Commissioner for Human Rights has filed an intervention in the Supreme Court on the Citizenship Amendment Act (CAA) and informed India's Permanent Mission in Geneva about it.

The application was filed by Michelle Bachelet Jeria, the UN High Commissioner for Human Rights.

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.

India’s Response to the issue

“We are clear that the CAA is constitutionally valid and complies with all requirements of our constitutional values. It is reflective of our long-standing national commitment in respect of human rights issues arising from the tragedy of the Partition of India,” a statement from the MEA said.

India is a democratic country governed by the rule of law. We all have utmost respect for and full trust in our independent judiciary. We are confident that our sound and legally sustainable position will be vindicated by the Supreme Court.

Grounds for application

UN body wishes to intervene as amicus curiae

UNITED NATIONS GENERAL ASSEMBLY RESOLUTION 48/141 ON THE HIGH COMMISSIONER FOR THE PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS

The General Assembly,

Reaffirming its commitment to the purposes and principles of the Charter of the United Nations,

Emphasizing the responsibilities of all States, in conformity with the Charter, to promote and encourage respect for all human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion,

Emphasizing the need to observe the Universal Declaration of Human Rights

International Covenant on Civil and Political rights

Article 31 states that:

States parties shall ensure respect for the cultural identity of migrant workers and members of their families and shall not prevent them from maintaining their cultural links with their State of origin.

This is an absolute declaration which also makes citizens of non-party states beneficiary.

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 High Commissioner said that states can adopt positive discrimination measures that constitute a difference in treatment if they

i) conform to the law;

ii) pursue a legitimate objective, and

iii) are proportional to the objective pursued

What is UNHCR?

The United Nations High Commissioner for Refugees (UNHCR) is a United Nations agency with the mandate to protect refugees, forcibly displaced communities and stateless people, and assist in their voluntary repatriation, local integration or resettlement to a third country.

Who is an amicus curiae?

A person(such as a professional person or organization) who is not a party to a particular litigation but that is permitted by the court to advise it in respect to some matter of law that directly affects the case in question.