What is the worth of Doing international law? – A Personal Reflection

Aman Kumar

Since my undergrad days, I have been interested in the subject of international law, more precisely Public International Law. I did my specialisation in International Law and Human Rights and subsequently did a Masters in Law with emphasis on International Law. But all throughout, I have also been interested in Constitutional Law and domestication of International Human Rights Law. That is why, even when I am reading and researching on issues of international law, I feel pulled by the domestic issues of constitutional law.

But I have always told myself that I am too busy with questions of international law and thus have no time to dive deep into India’s constitutional law issues or more broadly, its domestic law issues. International Law, hence, was my invisibility cloak. I wear it and pretend to be unfazed by India’s domestic law issues.

However, since past few years, a lot of holes have developed in my cloak; and while I try to stitch one hole, other one crops up.

It was in 2020 that I saw state machinery being used, which I believe, in an unfair and unjust manner. The incident related to demolition of house of one Vikas Dubey in the Indian state of Uttar Pradesh. Allegedly, it was in retaliation since Dubey’s men had killed 8 policemen when they had reached his house to arrest him. Can Dubey’s actions be condoned? No. Should Dubey and his men be investigated and prosecuted? Yes. Were Dubey and his men investigated and prosecuted? Dubey was shot dead in ‘exchange of fire’ with Police when he allegedly tried to flee from custody. At the time of his death, Dubey was the Sixth person to be eliminated by Police relating to the incident of firing on and death of the Eight policemen.

In yet another incident, the state published posters of people sitting on protest regarding the Citizenship Amendment Act. On the directions of the Chief Minister of the state, name and picture of the protestors were pasted throughout the city asking them to pay compensation for the damage caused to public property during the protest. The High Court ordered the state government to remove all the posters and the decision, when challenged before the Supreme Court, was upheld.

In September last year, policemen of State of Assam, opened fire while on eviction drive. The entire incident was recorded. A person was seen running towards policemen with a stick and was shot with bullets. He died on the spot. The police had also hired a cameraman who was seen stomping on the body of this individual seconds after he was shot by the police. I dare you to watch the video available here. The cameraman was subsequently arrested.

What has triggered me to think about my career choice is the ongoing demolition drive in yet another state, i.e. Madhya Pradesh. On the occasion of Ramanavmi, religious procession were carried out all over India. Yet, in this state, the procession has resulted in riots. Essentially, the riot was between Hindus and Muslims. Hindus alleged that when they were passing through Muslim areas, Muslims pelted stones at them. Muslims on the other hand alleged that Hindus were playing provocative songs which cased the riot. As is the case with most of the riots, it’s very difficult to ascertain who started the riot. But the police has already begun demolishing houses of muslims.

At times like these, I feel tempted to go back to my other passion, Practising law. These incidents make me question the false sense of security I enjoy by reading and writing on international law. Yes, the Ukraine conflict is bad. Yes, the situation in Ethiopia, in Mexico, in Venezuela, in North Korea, in Myanmar, in Sri Lanka, is grim. Yes, the UN has failed, yet again. But these are incidents far far away from where I am geographically located. Right here, right now, I am seeing the Muslim community being targeted with all the guidance of Nazi Germany. I am seeing politically motivated killings in the states of West Bengal and Kerala. I am seeing non-action on the part of Indian judiciary. What can international law do here? Almost one and a half years ago, case of Lynchings were routinely reported in Indian media. Priya Pillai had argued that such Lynchings amount to Crime against humanity. And while disagreeing with her on point of law, I had accepted that yes, they do amount to Crime against humanity. But beyond such academic explorations, what is the worth of doing international law? Can I say that whatever is happening in Madhya Pradesh might amount to violation of some International Human Rights Law? Yes. But beyond that, what? Can I say that shooting a person who is attacking you with stick is disproportionate? Yes. But beyond that, what? Can I say that stomping on the dead body of a protestor, more so in the presence of policemen, is criminal? Yes. But beyond that, what?

But then what is the guarantee that if I leave the comfort of international law, and start practising, I will be satisfied? Aren’t there enough evidence to support that practice might be equally frustrating? The questions of seminal constitutional importance have been lying in the docket of Indian Supreme Court for years. What change can I bring if I switch to practice then?

For the time being, let me enjoy the false sense of comfort I get from international law while my countrymen lose their house to demolition drives. For the time being, let me write on Ukraine-Russia conflict while my countrymen suffer due to Hindu-Muslim conflicts. For the time being, let my eyes be covered with charm of decolonising the subject of international law while my countrymen continue to be prosecuted on the basis of draconian colonial-era laws.