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Hague Court Judgment: Legalizing Portuguese Sovereignty and British Supremacy in India

By Prabhudas Bechardas Parekh

Vol. 3September 2000pp. 1–3English

Summary

The text critiques the Hague Court's 1960 judgment on the India-Portugal case, arguing it upholds colonial-era pacts rooted in the 1492 papal bull of Alexander VI, which granted European powers unilateral rights to non-European territories. It contends the court's majority verdict lacks true justice, as it relies on majority decisions rather than unanimous consensus and ignores fair evidence or universal interpretations of terms like "justice" and "morality." The author asserts the court's legitimacy stems from the same 1492 bull that legitimized Portuguese rule in India, and its rejection of Indian objections reflects a bias toward maintaining European sovereignty. The verdict, celebrated by Portugal, indirectly reinforces British supremacy in India and legalizes historical exploitative acts by white nations. The text highlights Mr. Nogueira's Portuguese perspective, framing the ruling as validation of colonial claims, and criticizes Nehru for aligning with systems perpetuating global inequality. It concludes the judgment entrenches white dominance while masking colonial subjugation under the guise of freedom.

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Conclusion

The Hague Court's judgement on the India-Portugal case raises significant implications, particularly regarding the legitimacy of historical colonial acts and the principles of international justice. The document critiques the Court's reliance on the 1492 papal bull, arguing that it lacks a just foundation and underpins unjust sovereignty claims. The verdict's rejection of India's objections and its upholding of Portuguese sovereignty are seen as reinforcing colonial legacies, while the majority decision-making process is questioned for lacking unanimity and true justice. The analysis suggests the ruling perpetuates Western dominance, legalizing historical exploitation and undermining India's sovereignty. It also highlights the absence of Indian representation in the judicial process and the potential for biased interpretations of justice. Ultimately, the judgement is portrayed as a tool for maintaining global inequities, masking colonial control under the guise of legal legitimacy.

Key passages

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  • “All those pacts, treaties, or documents, or any other incidents, which have happened or will happen after 1492 08560 on the bull issued by the Pope Alexander VI do not have their base on the principles of justice, for they are all one sided and without just basis.”
  • “The majority of the judges on the bench were also Europeans. Mr. Chagla was appointed on the bench so that Indians might hesitate entertaining any doubts about the Court's verdict.”
  • “The Court has held that Portuguese sover- elgnty is not impaired ॥ any way in conceding independence to the colonies.”

Works cited in this article

  1. The legal right of Indian state and their sub- jects
  2. Times of India of 14-4-1960

Discussed in this article

People

  • Mr. Nogueira
  • Mr. Chagla
  • Mr. Nehru 4
  • Pope Alexander VI
  • Shri M. C. Setalvad

Places

Texts & works

  • Bull of 1492
  • International Court of Justice

Dynasties, sects & groups

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In this issue

Vol. 3
1Foreign Farming Systems in India: A CritiquePrabhudas Bechardas Parekh1–3Hague Court Judgment: Legalizing Portuguese Sovereignty and British Supremacy in IndiaPrabhudas Bechardas ParekhCurrent article1–2Political Manipulation and Consequences of Summit Conference PostponementPrabhudas Bechardas Parekh1Vested Interests vs. Guardianship: Foreign Rule's Impact on Indian Land and SocietyPrabhudas Bechardas Parekh1Universal Religion: Principles and ObservancePrabhudas Bechardas Parekh1British Diplomats' Confession: India's True History and Our RolePrabhudas Bechardas Parekh1Steel-Frame Strategy: Establishing Foreign Rule in IndiaPrabhudas Bechardas Parekh1Religious Endowment CommissionPrabhudas Bechardas Parekh1–3Queen Elizabeth's Visit: Sovereign Head or Guest?Prabhudas Bechardas Parekh1–21493 Bull's Legacy: Goa, Colonialism, and Global CompromisesPrabhudas Bechardas Parekh1–2Cold War Dynamics and Economic Strategies: A Critical AnalysisPrabhudas Bechardas Parekh1Whites' Selfish Motives and Global Control PlansPrabhudas Bechardas Parekh2Exploitation, Humanitarianism, and Indian CivilizationPrabhudas Bechardas Parekh2–3Rebuilding India: Restoring Peace, Prosperity, and Spiritual DevelopmentPrabhudas Bechardas Parekh2–3Jain Sangh's Opposition to Religious Trust Bill 1960Laxmichand Premchand Shah2Nehru's UN Address: Global Peace and White EmpirePrabhudas Bechardas Parekh2Jainism, Vedic Religion, and the Mahajan Body: Misunderstandings and Colonial InfluencePrabhudas Bechardas Parekh2–3Mr. Herter's Address: U.S. Leadership and Exploitation in Foreign AidPrabhudas Bechardas Parekh3–4Deeper into the Hague Court Judgement on India-Portugal CasePrabhudas Bechardas Parekh3Universal Religion and Human Life BalancePrabhudas Bechardas Parekh4Western Diplomats' Double Strategies and ConspiraciesBechardas Parekh4Challenges in Studying International Affairs and Judicial Reforms in IndiaPrabhudas Bechardas Parekh4Portugal's Historical Claims and Goa's Delayed Freedom5–6OPEN LETTER TO THE CONGRESS PRESIDENT WHO IS A BETTER DIPLOMAT? NEHRU OR RAJAJIPrabhudas Bechardas Parekh

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