India’s Victory at the International Court of Justice is the World’s Challenge to the Status Quo
For the past week, both the Indian and British media have rigorously covered the story of the re-election of India’s justice Dalveer Bhandari to the bench of judges in the International Court of Justice on Tuesday, November 21. That the Indian judge retained his position on the bench was not the sole reason for the story’s extensive coverage; his reappointment combined with the fact that it happened at the expense of the United Kingdom’s spot on the bench is why the story is making so many rounds… and no, that many Indians may see it as some sort of a comeback against Britain’s 200 years of colonial rule over the country is not the reason why it matters. It matters because this is the first time since 1946 that the UK has no judge on the ICJ bench, and that signals possible changes in the way international bodies govern and are governed. So what does this mean for India, for the UK and for the world at large?
The International Court of Justice
The International Court of Justice or the ICJ was established in 1945 by the United Nations as its principal judicial branch and is located in The Hague, Netherlands. Its job is to settle legal disputes between states that are submitted to it and give advisory opinions on legal questions referred to it. The court comprises of a total of 15 judges that are elected to 9 year terms by way of voting from both the United Nations General Assembly (UNGA) and the United Nations Security Council (UNSC) separately. One third of the court is re-elected every three years, and no two judges of the same nationality may assume positions on the bench simultaneously. However, the rule that led to the deadlock between the candidates from India and UK is that a candidate must obtain an absolute majority in both the UNGA and the UNSC in order to be elected to the bench.
UN General Assembly vs UN Security Council: The Race in Numbers
On November 9 and November 13, in seven rounds of voting justice Bhandari secured between 110 and 121 votes from a total of 193 in the UNGA against figures between 68 and 79 secured by his British counterpart Sir Christopher Greenwood. However, among the UNSC, justice Bhandari lost out by 5 votes to 9 in favour of Sir Greenwood. In the face of uncertainty, the UK then pushed for a ‘joint conference’ under the rules of the court between the UNSC and the UNGA. Under the ‘joint conference’ three countries from each side then determine the name for the court. However, the rules do not mention the procedure to select these countries and understandably so, since the option was last invoked in 1921. Fearing not enough support from the council, criticism for invoking the charter, and harming its friendly as well as economic relations with India, the UK eventually chose to not follow through with the process and withdrew its candidature for the post. In the end, India secured the seat with a total of 183 votes out of 193 at the UNGA and all 15 at the UNSC.
There is More to the Victory than Meets the Eye
The result means different things for the parties involved and also for the balance of power and influence between countries. For the UK, there are hardly any positives to take away from this result amid already turbulent times. Many in the British media have viewed this loss as ‘a blow to British international prestige’ and the country’s acceptance of a diminishing role in global affairs. This was the UK’s second major defeat at the ICJ after it lost a vote by a margin of 94 to 15 countries in June when the UNGA voted in favour of referring the question of decolonisation and self-determination of the Chagos Islands in the Indian Ocean to the ICJ, which is currently under its control. Many within and outside the country have also been quick to blame Brexit for the situation in which they find themselves today, arguing that the other states, especially the ones within the European Union would have been less willing to snub the UK had the UK chosen not to leave the alliance. In the face of defeat, British diplomats have continued to maintain that they are happy that their close friend India has won, but have also not been shy of hiding their natural disappointment at their own loss.
For India, their victory in having a judge win the contest in getting elected to the ICJ bench against a permanent member of the UNSC is more symbolic than anything else. It reinforces India’s image at the highest stage as a major emerging global player and its ability to bring in greater reforms that push for more involvement from developing countries and emerging economies. Also, having a judge on the ICJ bench gives India an edge over Pakistan in the case involving former Indian Navy Officer Kulbhushan Jadhav who has been sentenced to death by a Pakistan military court on the charges of espionage. True, a judge on the ICJ does not represent his/her country or their interests. However, as suggested by repeated criticism the court receives for being biased in favour of the states who appoint the judges, having a judge on the panel is certainly an asset for any country, no matter what the rules dictate on paper.
The most important takeaway from the whole episode far exceeds the ambitions of just the two countries and a race for a seat at the ICJ. India’s victory at the court reinforces the belief that power does not necessarily reside or has to reside with the ‘few global elite’, a sentiment which was expressed clearly when most member states of the UNGA backed India’s justice Bhandari to be re-elected against the choice of the permanent members or P5 of the UNSC. There seems to be an acknowledgment among the member states of the UN of the beginning of a change which sees an increasing shift in the balance of power away from the traditional powers of the world or the P5 – Britain, China, United States, Russia, and France. Of these countries, China was the only member to not have a judge on the ICJ between 1967 and 1985 till the final decision last week, when they were joined by the UK in the list. Last year, Russia was voted off the United Nations Human Rights Council. In the 2016 elections, France lost out on securing a position in the International Law Commission. While diplomats at the UN continue to maintain that there are no winners and losers here, that it is all part of a bigger picture, these developments undoubtedly mark diplomatic victories for the Group of 77 or the G77, a coalition of developing nations at the UN that have constantly pushed for an enhanced negotiating capacity. What remains to be seen is just to what extent they bring about a change in the status quo.
Government Changing Syllabus to Include Sikh History in India
Chief Minister of Uttar Pradesh, most populous state in India, has announced inclusion of Sikh history in the state syllabus. Students of all schools under UP State Board will see the new chapters. The announcement came when Chief Minister Yogi Adityanath (BJP) was observing Sahibzada Diwas.
Why do we Observe Sahibzada Diwas?
Sahibzada Diwas marks the martyrdom of four ‘sahibzada’ (or sons) of Guru Gobind Singh (10th Sikh Guru) and his mother Mata Gujri. In the year 1705, Mughal Emperor Aurangzeb had ordered torturing of youngest sons of Guru Gobind Singh aged 5 and 8. He later executed the little sons by burying them alive into a wall. The reason for this act was that they refused to convert to Islam. Soon after this event Guru Gobind Singh’s mother, Mata Gujri also martyred her life under Aurangzeb’s captivity. The cause of her death is still unclear. Guru Gobind Singh’s other two sons martyred their life in the Battle of Chamkaur Sahib. Thus the 10th Sikh Guru, Guru Gobind Singh had lost his whole family by 27th December. This is an important event in the Sikh history in India and UP Government is finally keen on observing Sahibzada Diwas every year.
Why UP Government is Changing the Syllabus?
Soon after the independence of India in 1947, the school education came under tight grip of far left and communists. Most of the Indian history in the recent past has been written by Romila Thapar and Irfan Habib. They have close ties with left wing ideology and Irfan Habib has delcared himself as Marxist. They wrote history text books by either phasing out sections of Indian history or diluting certain events. The motivation to soft alter the history has been to propagate left-wing/communist ideology. Historian Koenraad Elst once highlighted that Romila Thapar is comfortable neither in Sanskrit nor in Farsi language. The knowledge of these two languages is a must to understand India’s history.
In the recent years, various public opinions have gained momentum to rewrite Indian text books to include more content on Indian rulers and native ideas. Currently, Indian text books mainly teaches about foreign rulers of India such as Mughals and British.
With this announcement of inclusion of Sikh history in history text books, the government is bringing historical facts in mainstream.
27th December as Real Children’s Day
Chief Minister Yogi Adityanath has also reached out to the Education Minister to declare Sahibzada Diwas as Children’s day. He further added that “The history of Sikh gurus will be a part of the syllabus. Apart from this, we should observe December 27 every year as Sahibzada Diwas in all schools. Today is the day to pay gratitude to the sons of the Guru and mother who martyred their lives for the motherland, country and religion.” Yogi Adityanath also said that “No society can move ahead if it forgets history. The Sikh society is known for its hard work. The Sikh gurus sacrificed their lives to defend the Hindu religion. The country will always remember this.”
Yogi Adityanath added that learning about the sacrifices by Sikh Gurus would inspire future generations to dedicate themselves into nation-building. He emphasized that we should make future generations realize that India and Indian culture was safe because of sacrifices of Sikhs.
What Should We Do On Sahibzada Diwas?
Sahibzada Diwas should be an important day for every Indian regardless of their region, culture or religion. On this day, we are in the Holiday mood as it falls right between Christmas and New Year’s eve. However, we should remember that a Guru and his entire family sacrificed their life for the well being of India and the idea of India.
On this day we can fast, do sewa (service), visit a nearby Gurudwara and sleep on the floor at night.
Nepal Hindu Rashtra: Time to Wrap Up Communism?
Nepal abolished the Constitutional Monarchy in May 2008 and declared itself as a Federal Democratic Republic. There was a new hope in Nepal as it was becoming world’s newest democracy even though it had dissolved the Hindu Rashtra. However, the democracy in Nepal immediately got into the tight grips of leftists and communists backed by China. It has been almost 12 years since monarchy was abolished in Nepal. Interestingly, the Himalayan country has already seen 11 Prime Ministers in this period. Thus, leaving the Nepalese people still yearning for good and stable governance.
Re-establish Hindu Rashtra
As the political instability is growing in Nepal, people are demonstrating concerns about the future of the country. In fact, Nepalese citizens are unhappy with frequent interference by China and India influencing its unstable communist regime. More voices are now growing in support of reinstating the Monarchy and declaring Nepal as world’s only Hindu Rashtra (which by default offers full religious freedom to other religious minorities as per Hindutva concept of Sarva Dharma Sama Bhava – all paths lead to one).
Former Deputy Prime Minister of Nepal, Kamal Thapa said that if political parties do not recognize the seriousness of reinstating the monarchy, then the country will head for a period of darkness. “Recently, we’ve had high-ranking officials from India and China come to Nepal to try and solve problems within the ruling party,” he said. “We cannot let others dictate what we want to do.”
Communist Party All Set to Suppress Protests, By Force
Kamal Thapa has firmly demanded an all party meet to discuss reinstating of monarchy. Throughout the month of December, 2020 Nepal has seen anti communism protests across the country in support of reinstating the monarchy and Hindu Rashtra. Most importantly, the demand has become a nationwide mass people’s movement. So much so that the communist regime had to send a directive to 77 districts in 7 provinces. The directive suggests suppressing the protests by force. Nevertheless, Rashtriya Prajatantra Party and other royalist groups have ignored this threat from the communist regime. Protester groups have pledged to strengthen the protest in the coming weeks.
Nepal: Demonstration held in capital Kathmandu, demanding restoration of monarchy in the country. pic.twitter.com/TFjmKu9U9Z— ANI (@ANI) December 5, 2020
Role of China – Hope for Communism in Nepal
China’s ambassador to Nepal is known to have very close relationship with Nepalese Communist regime. In fact, She has been super effective in tilting Nepal’s posture towards its ideological partner, China. One of her greatest achievements in 2020 was artificially manufacturing a border conflict between Nepal and India. Consequently, souring relations between the two Hindu majority nations. In addition, she managed to silence Nepal’s communist government after China took one of Nepal’s border villages under its control. However, recent political turmoil in Nepal and a renewed demand for reinstating of Hindu Monarchy is showing that the situation is now out of Chinese hands
Role of India
Year 2020, was not a good year for India and Nepal relations. India was busy in controlling domestic Covid cases. On the other hand, China had launched an invasive campaign into Indian territory. In addition, India is always busy with Pakistan on its western borders. However, the surprise came to India when China was almost successful in creating a new border tension between India and Nepal.
Those who do not know about Indian government should note that the current ruling party in India finds itself ideologically opposite to communism. This further creates differences between the two countries.
Communist party in Nepal has blamed India for supporting the ongoing anti communism protests in Nepal. However, former advisor to Nepal’s PM has suggested there is no proof that India is fueling pro Monarchy, anti communism demand in Nepal.
Nevertheless, There are certain influencers in India who have, in their personal capacity, expressed support for reinstating the Hindu monarchy. Yogi Adityanath, who is the Chief Minister of an Indian state bordering Nepal, said in 2015 that Nepal should declare itself a Hindu Monarchy. Readers should note that in 2015 Yogi Adityanath was not the Chief Minister yet. However, today he is not only popular in south of Nepal, his popularity is growing in Nepal as well.
Will The World See the first Hindu Rashtra?
It is difficult to answer this question at this moment. However, Nepalese communist government could not resolve the political instability and in December 2020 Nepalese government dissolved the parliament. Nepal will see next elections in April – May 2021. Hopefully, the world will see Nepal’s 12th Prime Minister in 13 years or may be a Hindu King? Royalists and protester groups have expressed confidence in winning next elections. We have our eyes on Nepal for updates.
Humanity Endures During Coronavirus Pandemic
The world changed exponentially since the pandemic broke out. We changed too. Emotions are running high. We have learnt to take one day at a time and have stopped expecting changes to happen overnight.
“COVID19 is menacing the whole of humanity – and so the whole of humanity must fight back”
A clarion call from United Nations Secretary-General António Guterres is a call to unity and solidarity. Already plagued by natural/manmade disasters and wars, many countries seem to bite the dust for want of resources in the fight against the virus. Warning each other against complacency is appreciable but never a blame game to cover up a dysfunctional response. Not all update themselves on the governments, new economic policies and R&D on Covid vaccine. Many we come across seem to be making wise individual choices. No matter how badly the tiers of government fail us, there will always be thousands of people working to make things better. Besides, finding reasons and faults on policies for the spread doesn’t help. A virulent strain of flu had managed to spread within a few months to the remotest corners of the world infecting half a billion people – more than a quarter of the human species in 1918 long before the current age of globalization.
Separating, alienating and forswearing the endless moments of contact that knit society together thrust us into frightening new realities. The good is still there. Social distancing is nothing but taking a step back to literally give breathing space to others. Going by news & views, we understand that amid concerns of rising numbers of positive cases in frustrating circumstances, acts of kindness and solidarity are burgeoning. Yes, it’s been extremely sad and sobering to watch this all unfold, but watching people share resources and supporting one another in every conceivable way has made us feel more connected to our local communities. Whether singing a song together out on balconies, getting groceries for the elderly or calling a friend to alleviate anxiety and fear, each one I know play a part and take comfort in a sense of togetherness. We are steadily aware of our limitations yet don’t hesitate to free our wells of compassion. Do we think twice and thrice to make an online contribution to save the lives of people we don’t know and will never know!
Sadly, it has taken an invisible virus to help us belive once again that we are strongest only when we have the welfare of others in our mind. Halfway through quarantine and self-isolation a phone call, a kind word, an opportunity to reach out, a breeze, bird calls, one good news and loss of a loved one, we are hit with the necessary humility and awe we ought to feel and appreciate just how beautiful our world is and precious life is.
Post pandemic recovery will be better and bigger if life goes on with this beautiful idea, of humility, inwardness – as an ethical relationship, for the sake of others. For better or for worse, we have learnt that one can’t be an island unto himself. Lives are intertwined and are bound together. We, humans produce more rubbish than any other species. The growth in the human population is part of the explanation, but cannot account for all of the extra rubbish, a result of haste and greed both which almost skinned humans of humanity.
Unity among countries must ensure that all countries are equipped to trace, isolate and treat people infected by COVID-19. Only a global effort can avoid the collapse of any country’s medical system. Sanctions that affect health care should never be imposed. Development in one part of the world should not rob another country of it’s resources. Humanity gains the upper hand over invisible predators through the sharing of reliable scientific information, global solidarity, vaccinations, antibiotics, improved hygiene and a much better medical infrastructure. Today,it doesn’t take too much to figure out that global sharing and caring is the best defense. The Jing Si aphorism, “Good actions require everyone’s cooperation. So let’s not cling to personal biases” holds good for all times.
Stories of good samaritans are aplenty. To know humanity is still alive and kicking and is at it’s best when united assures us that we’ll come out of this “abnormal” time with a new normal. In their own unique ways, humans respond to protect life and health and ensure respect for fellow beings. ‘single-nucleotide polymorphisms’ are no joke. From handing over meals, survial kits, medicines, home made masks to calling on an old couple across the street, everything is humanity in action and it is the power of this humanity – humane behaviour towards other humans – that we seek to celebrate, improve and increase, especially during crucial times. Remember “A person with a generous heart and compassion for all beings leads the most blessed life”.
With thousands of migrant workers taking it on their chin, vehicles filled with food and ration along highways reach the needy and stranded and canteens serve free food. Rays of sunshine! We see through hypocrisy and deceptions, hear excuses for inefficiency, inadequacy and inflexibility and within the tumult and uncertainty we are doing much, much better in life than we thought we can. Quietly. Kindly. Gently. Being able to spare a part of us to help someone live is worth being thankful for. ” Giving with an expectation for return brings misery”. May we give generously, but don’t guilt ourselves if we can’t. If we have nothing left to spare, let’s go slow and kind.
The world is being taught a lesson, the harder way. This lesson is not about rich and powerful versus poor and powerless but about leadership that treasure the common wealth and common good, above private greed and profit and above protecting the privileges of a handful elites.
None of us are actually going anywhere. Might as well stay. The conclusion we draw from this crisis is that all humans matter equally, that we need to give a hand, raise one another, flourish or perish together- no matter what our limitations are, we’re capable of a great deal. This virus backlash is nothing short of a fleeting lesson to all leaders about how sane, humane societies should function all the time. Those who regard themselves as wonderfully favored of leadership, power and pelf are called to do great things. Anything that constantly arise to cause conflicts or disunion must be questioned, criticized, denounced and judged.
Be it a forced contemplation of our mortality or a sudden urge of self denial or an awareness of the passage of time and life, this screeching halt is proof that humans are designed to be more productive when connected, even in isolation. So, not all hope is lost. The time has come when we must know for ourselves why we believe in humanity as we do.
“Do something good for somebody today; the people who are trying to make the world worst aren’t taking days off.”
Gestures to honor humanity are varied, aplenty. A flypast in India is a cruel joke on the already tumbling down economy and on the selfless humanitarians who spare nothing to reach out. We can only wish the trail of showered petals, if showered will guide the departing victims of COVID19. Flying past/over ground realities is a highly irresponsible act of governments. Also, a misuse and mismanagement of meagre resources.
Was it a premonition that urged saint Thiruvalluvar, celebrated Tamil poet and philosopher to get on with kural 578 which when translated into English goes as
” The world is theirs (Kings) who are able to show kindness, without injury to their affairs, (administration of Justice).
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