Seeking asylum is a human right

By – Vishal Agarwal

“Give me your tired, your poor, your huddled masses yearning to breathe free.”
— Emma Lazarus

India hosts more than two lakh refugees and is at the centre of refugee movements in the South Asian region. It has been a home to refugees from numerous neighbouring countries.

Since India’s independence and partition, it has had an influx of migrants from its neighbours, and this incident is not pertinent to the partition of India. The issue of the economic burden India has to bear and the significant demographic changes brought about by this inflow were frequently raised. In addition to economic and demographic problems, the refugee crisis also endangers India’s security. The legal demands of migrants, internally displaced people, and refugees have all been controlled by existing laws, although this has not yet been formally acknowledged. Although the matter has been partially addressed by current law and court involvement, there are still significant obstacles to resolving the bigger issue. Existing domestic laws regulating foreign nationals’ entry, stay and exit in normal circumstances are inadequate to deal with refugees. In the absence of domestic law for refugees and asylum seekers, there should be a domestic protocol on their status, assigning specific responsibilities to specific agencies. This will ensure prompt response and enhance accountability.

India follows the principle of dualism when it comes to Refugees; that is, international law is not directly applicable domestically and must be implemented through law by Parliament. But in the light of current international situations, we need to review the current scenario from a legal and humanitarian perspective. It is high time that a proper legal framework is set up for the same!
Refugees and illegal immigration are also two distinct concepts. However, both groups are treated equally under Indian law because of the Foreigners Act of 1946.

An individual seeking international protection from persecution is called an asylum seeker, and a country may grant refugee status to an asylum seeker. But sadly, there is no clear definition in India regarding this! Moreover, India is not a party to the 1951 Refugee Convention and its 1967 Protocol – vital legal documents about refugee protection in International Law. As a result, the government’s policies and solutions to address these problems lack clarity and policy value. This leads to India’s refugee policy being guided primarily by ad hocism! This enables the government in office to pick and choose ‘what kind’ of refugees it wants to admit for political or geopolitical reasons. This is sad; ultimately, the refugees end up suffering.

However, India has signed numerous Human Rights Instruments that articulate a commitment to the protection of Refugees. India is a party to the Universal Declaration of Human Rights (UDHR) 1948 and has joined the International Covenant on Civil and Political Rights (ICCPR) -1966 and the International Covenant on Economic, Social and Cultural Rights (ICESCR)- 1966 since 1979. India is also a signatory to -the convention on eliminating all forms of Radical Discrimination (CRED in 1965), which ensures equal human rights to all human beings without discrimination.

Moreover, Article 51(c) of the Indian constitution directs the state to respect and uphold International Law. Keeping all this in mind, we can say that a Refugee law has been awaited for a long time.
With the recent enactment of the Citizenship Amendment Act, 2019 (CAA), India further fails to address the real issue of refugees and exclusively addresses the issues of illegal immigrants, which are not the same as refugees. Furthermore, the CAA act goes against the basic principles of our democracy, like equality and religious non-discrimination enshrined in the constitution!

With traditional knowledge and values, progressive nations and economic behemoths like India might function as impetuses for international aid and asylum management.

By passing national refugee legislation, India may better calibrate its treatment of asylum claims in light of the global humanitarian and economic crises.

Gelatin laced vaccines a concern for Muslims?

8.08 crore total cases and over 17 lakh deaths. The pandemic is real, and so is the threat. In these tumultuous times, news of daily cases dropping rapidly and successful vaccine trials, as well as their rollout, bring in the much needed ray of hope. The United Kingdom became the first country to start vaccinating its citizens earlier this month. The US, Canada, Israel, Qatar, and some countries in Europe have followed suit. With concerns regarding discovery of a new strain and questions about efficacy of vaccines on it, the tension seems to have descended once again. In the middle of this conundrum, just add a little religion to the mix and what you get is a brand new controversy.

Speculations ran rife that coronavirus vaccines contain Gelatin which is widely used as a stabiliser. It keeps the vaccines safe and effective during storage and also increases their shelf life drastically. Gelatin is derived from Pork, which is considered Haram and its consumption in prohibited in Judaism and Islam. Major pharamceutical corporations like Pfizer, Moderna and Astrazenca have given assurance that their vaccines are Gelatin-free but limited supply and a surge in demand means that a lot of muslim majority companies like Indonesia might be given vaccines that have not yet been certified to be gelatin-free. 

Islamic scholars have long debated on the use of Gelatin in medicines. While some claim that it is haram to consume such vaccines, the majority consensus seems to be that it is okay to get it administered for a greater good such as “treating sickness”. Even the Jews have clarified that it is okay to consume pork so long that it is injected and not eaten directly, especially for medicinal purposes. Also, since Gelatin undergoes a lot of chemical reactions after it is derived, its consumption is permissible. Yet, there seems to be conflicting opinions and in the wake of widespread rumors, there could be a lot of apprehension among poor people who don’t have access to correct information.

Taking the example of Indonesia which has the world’s largest Muslim population (225 Million), The Indonesia Ulema Council, a muslim clerical body in 2018 decreed that the vaccines for rubella and measles are Haram because they contain Gelatin. Due to this, religious leaders began to urge parents to not allow their children to be vaccinated. As a result of this, Measles cases subsequently spiked, making Indonesia’s rate of Measles third highest in the world. Later, a decree was issued by the council saying it was permissible to get the vaccine administered, but cultural taboos still led to continuation of low vaccination rates.

“He has only forbidden you ‘to eat’ carrion, blood, swine, and what is slaughtered in the name of any other than Allah. But if someone is compelled by necessity—neither driven by desire nor exceeding immediate need—they will not be sinful. Surely Allah is All-Forgiving, Most Merciful.” (Quran 2:173)

These are perhaps the most deadly times which should steer clear from any sort of controversies. Misinformation could actually be a matter of life and death. As mentioned in the Quranic verse above, various muslim clerics and institutions of authority have stated around the world that consumption of Haram food items in times of absolute necessity such as for treating a sickness is permissible. But, partial knowledge and lack of education among the second biggest religion in the world continues to be a problem. Expecting staunch supporters to fact check every rumour that they hear is too big of a stretch. 

Misinformation has not spared anyone. Back in June 2020, Baba Ramdev claimed that Patanjali has developed an ayurveda medicine called Coronil which indeed cures Corona. Following backlash regarding its effectiveness, Balakrishnan, the CEO of Patanjali changed the narrative and said that Coronil just helps build immunity. 

Holding them responsible for spreading misinformation, an FIR was registered against Ramdev and four others for misleading people and trying to sell the medicine without getting approval from Union AYUSH Ministry. The accused were booked under Section 420 (cheating) of the IPC and Section 4 and 7 of Drug and Magic Remedies (Objectionable Advertisements) Act, 1954

As vaccine trials start picking up the pace around the world, educating people about vaccines is of utmost importance. The role of healthcare organisations has increased two-fold as they are responsible for acting as the clearing house of information and give out facts to counter any rumours that may be doing the rounds. With 2020 coming to a close, people around the world are hopeful that 2021 is the year when things will finally get back on track. With news of successful vaccine trials and low positivity rates around the world, the human race will definitely succeed in defeating Covid-19 together.

The Alleged ‘Love Jihad’ Ordinance

Uttar Pradesh Prohibition of Unlawful Conversion of Religious Ordinance 2020 was recently passed by the state government in November. Before we delve deep into the provisions of this law, let us just take a moment and ponder upon the name of the ordinance. Does it mention any particular religion? No. Therefore, I strictly denounce the term ‘Love Jihad Ordinance’ that is being used frequently by various media houses and news channels. ‘Love Jihad’ is a theory which talks about how Muslim men abduct non-Muslim women and convert their religion forcefully. Since the alleged Love Jihad law scrutinizes forceful conversion to Hinduism as equally as Islam, I shall refrain from using this particular euphemism moving forward.

The proposed law defines punishment and fine under three major violations. Any activity leading to conversion by “misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means” is penalised. Offenders can face a jail term of up to 5 years with a minimum fine of 15,000 rupees. Moreover, if the victim is a minor or a woman belonging to Scheduled Caste or Scheduled Tribe, the punishment extends to 3-10 years in jail with a minimum fine of 25,000 rupees.

The second provision is that if forceful conversion takes place at a mass level, then the guilty would be charged with a jail term of 3-10 years with a minimum fine of 50,000 rupees. 

Lastly, the law says that a marriage will be declared null and void if the sole intention of marriage is to change the girl’s religion.

It is surprising that people are calling this law anti-muslim and discriminatory against inter-religion marriages. Neither does it target a specific community, nor does it criticise inter-religion marriages in general. Forceful religious conversion is a lived reality for many young girls, especially the poor. A report submitted to the state government last year stated many instances of forceful conversion in eastern and central UP. 

The law also requires couples to file 2 months prior notice to the District Magistrate before the change of religion. The only contention that I find with this law is that the burden of proof as to whether or not the conversion was effected through misrepresentation, force, undue influence, coercion, allurement, or by any other fraudulent means lies on the person who caused the conversion. This to an extent may cause a little nuisance and is thus ridiculous. We are yet to find out how difficult or easy it is to prove that forceful conversion did not take place. A recent marriage between a Muslim man and a Hindu woman was interrupted by officials. However, there was no arrest. The couple was asked to just postpone their marriage to 2 months from now and they obliged. Therefore, as far as the implementation of the new law is concerned, I am willing to give the UP government the benefit of doubt. 

REFERENCES:

https://www.livelaw.in/top-stories/breaking-up-governor-promulgates-uttar-pradesh-prohibition-of-unlawful-conversion-of-religion-ordinance-2020-166517

Internment Camps

It is December 10th, 2019 today. I am Aynur, 22, and I am in my motherland, Xinjiang although I am unaware of my exact location. I am writing this letter to the anyone who finds it. 

This cell is probably 20-metre squares with heavy metal doors that bang a little too loud whenever they throw somebody against the pile. There is poor ventilation, and windows are covered with iron sheets and locked with bars. Meryem’s cell doesn’t have windows. She is a friend. I was able to smuggle a sharp stone to engrave the floor, the same cement floor on which I sleep. The old blanket Ithat I am wearing is a bit torn but gives me enough warmth to write this letter.

I am one of the 1.8 Million+ Uyghur Muslims, an ethnic minority of China, who areget detained in such internment camps. It’s been two months here, I think. I guess they brought me here because I unintentionally accessed a foreign website on my phone the other day. Meryem, 36, has been breathing here for over 15 months now. Her crime, wearing a headscarf. This one is a women’s facility. I don’t know what others have done to be here. 

They were four policemen, Han Chinese. They arrested me from a grocery shop. I was a suspected terrorist, and the camp was supposed to teach me to be an upstanding and responsible citizen. It is a re-education centre made on top of a hill, a 4-storey building inherently silent. When I saw the tight security installations, I wondered what kind of school it was when I first came here. Nothing made sense to me till this point. 

They shackled my feet and handcuffed my wrist. They pushed me inside a big hall where I was among the one-half of women who were standing chained, while the others- piled against the front wall. I heard shrieks in regular intervals, same pain, different womaen. 

It was finally my turn for the interrogation. A lady took me to the room, shaved off my head and took my urine sample, my retina sample, recorded my voice and took a photograph. They questioned me for a few minutes and had disappointment spread over their faces while they were trying to know umm my religious ideologies and identity, I believe. After the interrogation was over, they released me into a chamber. A senior looking officer came, tore my clothes, beat me with an electric baton and pushed it into my vagina. I screamed but in vain. The pain was excruciating and alarming but I couldn’t defend myself. I laid there, lifeless. The others came one by one and raped me.

I don’t remember the next few hours. I found myself in the heap of women, wearing rags, against the wall. They took me to the hospital and implanted an IUD in me. It was compulsory for all the Uyghur women in the age group of 18-59 years. I bled for 13 days after which they removed it. They forced me to undergo a sterilisation operation. It’s been two weeks now, and I have not recovered. I feel weak but I am not new here anymore. 

Every morning we go to the classrooms, where they tell us that we cannot survive without the communist party. They show us thatas it is the only way to live our life. They also teach us to follow the “three togethers” – eat together, live together, work together. We sing the Chinese National anthem every week and three different songs on the other days worded as- “We love Xi Jinping”. The teacher teaches us Mandarin. We speak in unison- “I am Chinese, and I am proud of China”. We have inspectors in our classes who take one of my classmates every week. We never get to see them again. 

The food served is mostly pork and not enough. We are also injected right after the self-assessments. The questions are mostly about disregarding our identities, criticising Islam and the Communist Party’s greatness. 

They give us two minutes to go to the toilet. If we aren’t quick enough, the teachers repeatedly knock at the door and give us a shock with the electric baton on the back of our head, on which we say- Thank you, teacher! I won’t be late next time. 

I remember reading George Orwell’s novel- 1984 in high school. It feels the same here.

By the way, Happy Human Rights Day!

I am a bit sleepy, and it’s getting harder to engrave the floor with this stone. I fear there are footsteps of som…

Aynur isn’t alone, neither is she a new case.

According to the communist party, the region of Xinjiang poses a separatist threat with religious extremism and radical faiths of Islam. These internment camps or re-education centres aim to change the minds of people and eliminate terrorism. 

This dystopian region has around 400 such camps with numerous security points. They are easily identifiable in the satellite images taken by some journalists and activists. Ample evidence is available that they are concentration camps and not just vocational training camps. 

There’s an algorithm that takes mass data and creates a list of suspicious residents. There are no trials, no guilt and no transparency in the process. They are arbitrarily detained in these camps, forced to memorise the communist propaganda every day and criticise their own beliefs, electrocuted and brainwashed according to the communist party dogma. They try to prevent escape by employing humans as well as technology while they avoid breaks during class or for medical reasons, etc. These camps are unhygienic with scarce food and water for the students. Some got detained for covering their faces or wearing Hijabs, for possessing Quran while some for applying for passports, praying to god in public etc. 

Their comprehensive personal information, about the three generations of their family members, neighbours and friends, is documented confidentially. They are evaluated based on their ideological transformation and repentance and then asked to either continue the training or be released. The whole region is under strict surveillance with cameras all over and there are no blind-spots, security checkpoints for phones, face detectors on the streets. The houses have QR Codes too. Kindergarten facilities propagating the communist agenda have been constructed for the orphans. 

Uyghurs are shown absolutely no mercy in the name of counter-terrorism. It’s an effort to eradicate the identity of the masses of a single ethnicity so that their only identity left iswould be Chinese. After several violent attacks, now they are aiming to occupy the territory swiftly and forcefully assimilate the Uighur populations. 

It is like destroying and vanishing the Uyghurs from their own region for its energy resources, geographical importance and religious minority. 

But wait…what happened to Aynur?