Author: LEXPEEPS editor

INTRODUCTION

Human rights are considered to be sacrosanct. It is the set of rights with which a person is born. These rights ensure that a person has a good standard of living. Human rights give people good life full of happiness and prosperity. Each human right plays a very crucial role in shaping a person’s life. Human rights are mostly referred to as fundamental or inherent, birthrights. These rights are not created by any state or any legislation and neither are they subjected to any kind of amendment. The Universal Declaration of Human Rights defines human rights as the right derived from the inherent dignity of a human person. Human rights are inclusive of civil and political rights. These rights usually limit the government authority that may affect the individual’s independence. There are also rights called ‘social rights’ where the government has various ways to improve the life quality of the citizen.

CHARACTERISTICS OF HUMAN RIGHTS

Some notable characteristics that define human rights are-

1. Human rights are inalienable– Human right is a right given to a person even when the person is in the womb. These rights are given to a person irrespective of his religion, creed, sex, or nationality. His mere existence gives him this right.
2. Human rights are necessary and essential– In absence of human rights, a person cannot achieve their fullest potential. Physical welfare, moral welfare, and social welfare are adversely affected without human rights.
3. Human rights are in connection with human dignity– Human rights are about treating people with dignity; giving them respect as normal individuals irrespective of gender or race. Example: African Slaves were treated badly by the Americans, they were given many sorts of punishment like whipping, mutilation, raping, burning, etc.
4. Human rights are irrevocable– Human rights cannot be taken away from any person as they originate from the social nature of the person, merely because he is a human he is enshrined with these rights.
5. Human rights are dynamic– Human rights are not static, they cannot be defined in a restricted sense, and people change with respect to changes in time. Formulation of different treaties and conventions with change in time is a depiction of the dynamic nature of human rights.
6. Human rights are never absolute– Human is a social animal, he can enjoy all of their rights without any restrictions but for a common good, the state may impose some restrictions and they can be only imposed by the state.

ORIGIN OF HUMAN RIGHTS AND ITS EVOLUTION

Human rights originated in 539 BCE, when Cyrus the Great captured Babylon, Cyrus freed all the slaves and said that all men are free, they can choose any religion and must have racial equality. Then in the year 1215 Magna Charta introduced the concept of Rule of Law wherein it defined basic idea of rights and liberties for all persons. Rule of Law concept mentions the sense of accountability, stability, equality and access to justice for all. Magna Charta was signed in 1689.

The Declaration of Rights of Man and of Citizen in 1789 which was adopted by the French National Assembly is a historical event based on the political concerns of civil and political rights. This declaration contained principles that inspired French Revolution. This declaration has specified some aspects of rights of liberty, private property, right to participate in elections, freedom of religion but these rights were not fully established due to the fall of French National Assembly in 1791. During this time the famous principles of some political thinkers like Rousseau, that good government must have freedom of all its citizens and Montesquieu, who argued the elimination of idea of Divine Rights of the King to Rule and if people are not satisfied with the rule of the king then they can rebel; gained popularity. These ideas have enlightened some kind of knowledge about human rights to common people. This resulted in French Revolution of 1789. During the 17^th -18^th century, it was considered an enlightenment stage where the people themselves were taught about their rights of life, liberty and pursuit of happiness.

The Second Generation of Human Rights in 19^th century emerged when people realized that the rights which were stated in the 17^th century were only established for some class of people. The poor and weaker sections hardly had leverage to exercise these rights. They realized that civil and political rights can be established by the people of the elite class. So the primary focus during these times was economic, social and cultural rights. The views originated from socialist thinkers like Marx and Lenin emerged about a stage of communist revolution for the welfare of the people and that state must ensure the welfare to the people so that people can reach up to their maximum potential. There must be democratic centralism and there must be an establishment of one party socialist state. The intervention of state is more here. This included the right to work, right to a standard of living, right to health and right to education. They are termed as the welfare rights as they pertain to the development of the people.

The Third Generation of human rights emerged with dynamic nature of human activities that affected the globe. The world suffered from two world wars. Geneva Convention and Hague Convention promoted basic level of dignity of individuals. The concerns over the protection of certain minority nations and peaceful co-existence were raised by the League of Nations at the end of First World War. Due to some political reasons and rise of dictatorship, it led to the fall of League of Nations. Then Second World War happened and thousands of lives were lost during that time; treatment of Jews in the concentrated camps, atomic bombing in Japan horrified the world and human rights were propagated as the global consciousness and eventually this led to rise of United Nations Organisation in 1945. There are other specialized agencies like International Labour Organisation for protecting workers rights increasing their safety and economic growth. People also did not like the concept of nation state so they thought for the benefit of whole mankind. They thought that all humans must get benefit in the process of human rights, the emergence of solidarity rights came into existence where rights were not spoken for a people in a specific country but in the whole world.

During the Fourth Generation of human rights, there were many technological developments and there were few growing concerns that whether the technology would encroach on human rights. Universal Declaration of Human Rights (UDHR) was established in 1948. Although UDHR is not legally binding it has different ways which keep a check and balance the exercise of state power and how a state should treat its citizens. There were other international covenants on Economic Social and Cultural Rights and Civil and Political Rights constituting the International Bill of Rights. It is mandatory now that all members of the UN must incorporate the provision of human rights in their constitution. UN has also adopted various treaties including conventions to prohibit various kind of crime that is against humanity like Convention on Elimination of All Form of Discrimination against Women and Convention on Rights of the Child.

Constitution of India contains basic human rights of all citizens, irrespective of their gender, caste, religion etc. India had signed the Universal Declaration of Human Rights on January 1942. If a part in the constitution is against the fundamental right then it is declared as void. These sections are vital elements of the constitution which includes Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion and Right to Constitutional Remedies among others.

In Kesavananda Bharati v State Of Kerala¹ case it was stated that Universal Declaration of Human Rights may not be legally binding instrument but it shows how India understood the nature of human rights at the time the constitution was adopted. In Consumer Education & Research v Union Of India & Others² case it was stated that the directive principles are the forerunners of UN Convention on right to development. The right to development is inalienably a human and fundamental right and everyone is entitled to it, along with being entitled to enjoy economic, social cultural and political development. In Air India Statutory Corporation v United Labour Union & Ors³ case it was held that right to health and medical care is a fundamental right of a worker under Article 21, read with Articles 39(e), 41, 43, 48A to make the life purposeful. In Mrs. Valsamma Paul v Cochin University And Others⁴ case it was stated that human rights are derived from the dignity and human rights and fundamental freedoms are interdependent.

CONCLUSION

Human rights are the basic rights given to every individual to achieve their maximum potential. Human rights have a very long way of history and development. India has also enshrined human rights in Part III and IV of the Constitution which are the fundamental rights and directive principles. Violation of fundamental rights will eventually cause a legislation to be declared void. All rights are covered under these two parts. Further, as part of the fourth generation of human rights, one needs to be careful about the fast developing technologies. In future there may be fusion of nuclear, biological, chemical and technological aspects which need to be looked at carefully and we must protect the human dignity at any cost. There might be future risks regarding human rights preservation and necessary steps must be taken to protect it. Though the human rights have several articles and conventions among nations, there is only limited progress of human rights as many people suffer from extreme poverty or they suffer from the policies of their own states. So, the human rights in future must be further progressive, giving everyone in this world a dignified life.

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CITATIONS

1. SC Writ Petition (civil) 135 of 1970.

2. 1995 AIR 922, 1995 SCC (3) 42.

3. SC Civil Appeal Nos. 15536-37, 15532-15534 of 1996 (Arising out of SLP (C) Nos. 7418-19/92 and 12353-55/95).

4. 1996(1) SC 571.

This article is written by Sree Lekshmi B J, a third year law student.

About the Organization

Ansari solicitor firm (ASF), one of the top Indian law firms in Ahmedabad, was established in 2006. We collaborate with our clients by getting to know their needs and provide knowledgeable legal services within the bounds of the law. For both domestic and international clients, Gujarat State is a one-stop shop. Serving our clients with trust, excellence, and cooperation is our mission. We have devoted employees working out of various offices throughout Gujarat State’s key cities, including Surat, Baroda, Rajkot, and Mahesana. ASF is a specialised law practise that offers top-notch guidance for managing high stakes litigations, soliciting legal opinions, producing stronger pleadings, conducting legal research, communicating effectively, and performing due diligence.

We continuously work to provide our clients with superior service thanks to our extensive local knowledge and worldwide outlook. Numerous government agencies, international businesses, and businesspeople make up our esteemed clientele. Our staff of experienced attorneys is committed to the clients, providing them with knowledgeable services at a reasonable cost. The main goal is to guarantee that our clients can access daily developments, for which we have a specialised, centralised back office. Our experienced legal staff, which includes trial courts in Gujarat State as well as commercial courts, is skilled in handling complicated and difficult litigation. Our long-standing relationships with clients are based on our expertise, commitment to providing high-quality services, and practical experience in meeting their needs.

About the Responsibility  

At our company, there are 3 openings for internship positions.

Openings

3

Time Period

6 months Min

Eligibility

• NLU Students must be in 4th or 5th year.

How to Apply?

Interested candidates may apply from here: – niyatibrahmbhatt003@gmail.com

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Introduction

Due to the COVID-19 outbreak, the whole world including India had gone into lockdown. Even the courts were shut down for a while in March when directed by the Supreme Court of India. The centre and the state governments had put down restrictions that made it difficult for the courts to function. As in the Anita Kushwaha v. Pushap Sadan¹ case, it was declared by the Supreme Court, “It is the constitutional right of rural (and other) citizens to ‘Access to Justice’ under Article 14 and Article 21 of the Constitution of India”. The courts have found a way to prevent human interference and still work exceptionally. Several courts were largely shut down, and only urgent hearings were being held. A few states permitted open courts to operate with partial hearings, but this was terminated due to an increase in cases, and virtual courts were fully implemented instead.

The pandemic paved way for the judiciary to work in virtual mode to prevent the contagiousness of the virus. However, India had its first virtual court in Faridabad. The Supreme Court Vidhik Anuvaad Software was unveiled by the President of India on November 26, 2019, and it has the ability to translate legal documents from English into nine regional languages and vice versa.

The Supreme Court of India’s official multilingual mobile application will also be made available to give lawyers and litigants precise real-time access to case status, review screens, judgments, daily orders, etc. Although the judiciary has seen several technical advancements, such as the ability to record testimony through video conferencing², the ongoing Covid-19 pandemic has had a severe impact on virtual courts.

Positive impacts of the virtual courts

In the wake of the pandemic, the virtual courts have come to the rescue to deliver justice and continue the proceedings of the cases. They have become a mode of advancement of the judicial system through technology. The virtual courts have helped to maintain social distancing and decreased the risk of exposure to the virus.

The judges, counsels, and parties of a proceeding are joined in a video conferencing website within the given time. This process reduces the chances of corruption and brings more transparency. The cost-effectiveness allows people to approach the courts, since, the parties wouldn’t have to travel every time. These courts are also known as E-courts and e- justice is considered to be a stepping stone to e-governance. e-courts make it easier to achieve a number of goals that will aid the judicial administration in the allocation of cases, reduce litigation delay and cost, contribute databases, guarantee e-filing and e-notices, and make witnesses available through video conferencing, create digitally signed court orders, and digitize ADR. Thanks to technology, the open courts in many nations are able to function and serve as a medium to safeguard citizens’ rights throughout the pandemic.

Virtual hearings are used to safeguard the safety of the witnesses too. Court workflow management has been successfully automated with the use of virtual courts. As a result, it would contribute to improving the administration of courts and cases. This also gives the litigants ability to attend the proceedings from their office or home.

The court’s ability to operate around the clock is one of the main benefits we’ll have in the future too. There is a massive backlog of court cases, and a prolonged wait for justice causes residents to lose faith in the legal system. The method will gain momentum as a result, and cases can be decided in a timely way.

Virtual Courts versus Open Court

With the ongoing trend of the virtual courts, a very important question has been raised i.e., whether the virtual courts would replace the open courts. Many bar associations across the nation, from the Supreme Court Advocates-on-Record Association to the Gujarat High Court Advocates Association, have acknowledged the challenges experienced by attorneys during hearings through virtual courts.

It was also stated by Justice D.Y. Chandrachud that virtual courts can’t completely replace open courts. The first reason is that many advocates don’t have access to the internet in many areas and India is still in the process of technological development. High-speed internet isn’t available in all the areas all across the nation.

Secondly, many advocates don’t have the basic proficiency in technological skills which can be said as a major drawback since it would be difficult for them to shift to the virtual proceedings.

Thirdly, the current state of our legal system prevents the adoption of the idea of virtual courts because even an open court system cannot handle the massive backlog of unresolved cases. Fourthly, despite the fact that virtual courts and the open court system are not mutually exclusive, people’s privacy has not been respected. The legal system is geared toward litigants. It is particularly challenging for litigants, who typically hail from rural areas, to comprehend that their case is resolved without their attorney being in court. Although some attorneys may feel at ease in virtual courts, the clients still are not prepared. Justice consumers have been completely disregarded throughout the process.

Fifth, the people of India, whose cases have been languishing for long years, lack confidence in the current system.

Sixth, affluent law firms, corporations, government agencies, and legal tycoons may be able to take advantage of virtual courts more so than regular attorneys. Therefore, even if the Supreme Court intends to permanently establish virtual courts in India, it should have started by providing technical training to the lower judiciary, specifically the district courts and taluka courts at the bottom. The people’s trust must be earned at the grassroots level. If they are content, moving on to the next level would be simple.

It is very appreciable that the Apex court is understanding and putting in efforts to improve the grass root level problems if the virtual court system comes into play. However, litigation plays a crucial role in the judicial system. Judiciary being the strongest pillar of democracy, has the obligation to safeguard the litigation process in India. Due to these few issues, it can be very difficult for virtual courts to completely replace open courts. The clients of the advocates invest their trust in them and the advocates might find it a little bit difficult to connect to their clients and find proper information in online mode. Along with this, the virtual court system has its own challenges.

Challenges

Infrastructure: India does not have the complete infrastructure to completely depend on the online mode. The most problematic thing is the bandwidth. Also, the video conferencing apps have third-party interference which may lead to the breach of data i.e., data privacy lacks here.

Information Technology Infrastructure: The new evidence legislation concerning electronic evidence is still in flux and has not yet been finalized, as evidenced by the assignment of the question of the application of Section 65B of the Certification for the Admissibility of Electronic Evidence to a wider bench³. In circumstances of electronic filing and data storage, it raises the worry of tampering with paperwork and paper records.

Practical issues: If it is properly accessed by the citizen, virtual courts are an endeavor by the judiciary to convince the public that we value their time. Statistics lead us to conclude that our Indian lawyers lack the necessary experience in this field, and their law degrees don’t necessarily prepare them for it. There is no mention of access for those without internet connectivity. Even the fact that up to 50% of Indians lack Internet connection seems to be overlooked. Despite having the second-highest percentage of Internet users in the nation, that is.

Some may contend that even someone without access to the internet should go to someone who does and use it, which is unquestionably preferable for a rural resident than going to a distant court. However, the internet gap continues to be a significant barrier for the majority of individuals to access or understand virtual court hearings.

The Supreme Court ruled in Naresh Shridhar Mirajkar v. the State of Maharashtra⁴, that all claims presented before the courts, whether civil, criminal or other, must be heard in open court because “Public trial in open court is undoubtedly essential for the healthy, objective and fair administration of justice”.

In Swapnil Tripathi v. Supreme Court of India⁵, the Bombay court held that only the cases with urgency would be dealt with due to the wake of the pandemic in the month of April 2020 and dissented on granting the bail which was filed under section 439, Cr.P.C6. There were 2 issues that were understood via this case. First, it was claimed that only urgent bail cases are being decided by the courts as a result of the epidemic location. Second, giving the applicant bail would put both his life and the lives of others in jeopardy because he might not be able to return home because of the lockdown. In order to avoid these scenarios, he was not granted bail. Though it is something to consider, there should be no doubt that the fundamental rights of a person seeking legal assistance have always been maintained in the legal system. If even one person’s well-being is hampered by the court’s conclusion, the judgment is open to public review.

Conclusion

The wake of the pandemic has paved a new path to the development of the judiciary through technology. The virtual court system is accessible and cost-effective. It also helps to curb social evil i.e., corruption in the judicial system. The travel burdens would be reduced for the people who have to approach the court. However, there are more than equal chances that these courts may not be permanently reliable as India is a developing nation, it still lacks technological advancement and there are people who are poor in understanding the working of the technology. There is a high possibility that the parties might not be having high bandwidth in their localities. Also, it is important to ensure that the virtual court systems shall be user-friendly and it can be said that, with the given situation in India, it would be impossible to rely completely on the virtual court systems as there are many challenges present with that respect.

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Citations

1. (2016) 8 SCC 509.
2. State of Maharashtra v. Prafulla B. Desai (Dr.), (2003) 4 SCC 601.
3. The Indian Evidence Act 1872, s. 65(B).
4. (1966) 3 SCR 744.
5. (2018) 10 SCC 628].
6. The Code of Criminal Procedure 1973, s. 439.

This article is written by K. Mihira Chakravarthy, 1st year BA LLB student from Damodaram Sanjivayya National Law University (DSNLU).

Schedule of International Conference on Sustainable Nanotechnology and Nanomaterials (ICONN-2022) at Chandigarh University, starting from August 25th – 2022.

ABOUT

Original, quality research articles broadly within the scope of the conference topics (Maximum 10 pages), written in the English language, are solicited.

IMPORTANT DATES

1. FULL PAPER SUBMISSION: AUGUST 12, 2022
2. ACCEPTANCE: AUGUST 16, 2022
3. ONLINE REGISTRATION: AUGUST 20, 2022
4. CONFERENCE: AUGUST 25-26, 2022

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A one-day workshop on the theme ‘Technology and Law in an AI Driven Society’ is being conducted jointly by WBNUJS and TCG CREST. 

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The West Bengal National University of Juridical Sciences, Kolkata, is an academic community committed to the pursuit of knowledge, wisdom, discovery, and creativity. Its mission is to provide student-centric education and foster personal and intellectual growth to prepare students for productive careers, meaningful lives, and for becoming responsible citizens.

DETAILS

1. DATE: 8th August 2022
2. PLACE: NUJS KOLKATA
3. HYBRID
4. PARTICIPATION CERTIFICATE

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West Bengal National University of Juridical Sciences, Kolkata is organizing Special Lecture on Labour Reforms and Social Equity in collaboration with IQAC, National Law University and Judicial Academy, Assam.

ABOUT

The National University of Juridical Sciences, Kolkata is an academic community committed to the pursuit of knowledge, wisdom, discovery, and creativity. Its mission is to provide student-centric education and foster personal and intellectual growth to prepare students for productive careers, meaningful lives, and responsible citizenship in a global society.

TIMINGS

August 17, 2022 at 12:00 noon

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About the Organization

A group of legal experts known as Juris Consultants Private Limited (JC) is situated in New Delhi and offers services all over India. With regard to Company Law, Securities Laws, Labour Laws, Intellectual Property Laws, Foreign Exchange Laws (FEMA & R.B.I. Regulations / Approvals), Due Diligence, Transaction Documents, Joint Ventures, Foreign Collaborations, Technology Transfers, Mergers and Acquisitions, Listings and Capital Market Transactions, Indirect and Direct Taxation Matters, and other Related Legal Matters, Juris Consultants has professional expertise. Our key services also include setting up compliances, obtaining approvals from all government agencies, including those from the Registrar of Companies (ROC), Ministry of Corporate Affairs (MCA), Reserve Bank of India (RBI), National Company Law Tribunal (NCLT), Director General of Foreign Trade (DGFT), Software Technology Parks of India (STPI), and approvals for the establishment of units in the Special EOU. Our strategy is based on a dedication to providing high-quality, prompt services in business and corporate law, financial matters, and petitions in all forums of justice. Our goal is to offer a helpful and enduring solution. Our team is skilled in handling complicated legal matters involving practically every area of corporate and commercial law.

About the Responsibility  

For their business, Juris Consultants Private Limited is seeking Company Secretaries with 1 to 2 years of experience.

Location

South Extension, Metro connectivity, New Delhi.

How to Apply?

Interested candidates may apply from here: – contact@jurisconsultants.in

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About the Organization

Dispute resolution, insolvency and restructuring, banking and finance, white collar crimes, real estate, the environment, direct tax, and intellectual property litigation are some of our practise areas. We currently have 10 Associates on staff (and that number is expanding quickly), who are expected to attend and appear in particular practice-related Courts.

By 2025, we hope to have established ELA as India’s “Most Preferred Mid-Size Corporate Disputes Resolution Law Firm.”

About the Responsibilities  

There are urgently 2 Banking Associate positions available at Ethos Legal Alliance.

As a candidate you are required to: –

• IBC & Recovery related assignments before NCLT, NCLAT, DRT, DRAT, HC and SC.

Location

Fort, Mumbai

Openings

2

Remuneration

Rs. 2,40,000/- PA, which will also be determined by how well each Application is received.

Eligibility

• PQE: 2-3 years varied exposure in above assignments
• Please take note that candidates who have accommodations in or close to Mumbai’s outer suburbs will be given preference for operational comfort in order to save time.

Deadline for Applying

9 August, 2022.

How to Apply?

Interested candidates may apply from here: – careers@ethoslegalalliance.com  with the subject line “Banking Associate” with a brief write – up about past work experience in such assignments.

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About the Advocate

As a maritime strategist, Aishwarye excels in maritime terrorism, underwater cables, privately armed security personnel (on-board ships), the San Remo Manual, international humanitarian law (IHL), the United Nations Convention on the Law of the Sea (UNCLOS), the Law of Naval Warfare, and floating armouries. She also has a thorough understanding of India’s maritime security interests.In order to impart his knowledge in the field of maritime law, Aishwarye has been appointed as a Member of the Board of Advisors of reputable law publications and legal startups.

As a Guest Faculty member, Aishwarye collaborates with reputable Universities and Institutions to impart his understanding of maritime law and inform students about the vast array of prospects in the maritime industry.

About the Responsibility 

Adv. Aishwarye Dubey is currently hiring for a maritime legal intern. This internship will be compensated and run remotely starting on September 1, 2022, and ending on December 31, 2022.

Stipend

yes

Eligibility

• Good research and writing skills are a prerequisite for the perfect applicant. The candidate may be an undergraduate or graduate student of law or a member of the shipping fraternity.
• She or he must be knowledgeable about marine legal principles and possess a curiosity for learning more about the operational details of the global shipping business.

Deadline for Applying

10 August, 2022.

How to Apply?

Interested candidates may apply from here: – updated CV’s alongwith a write-up (500 words maximum) on any contemporary maritime issue on a.dubey.maritimelaw@gmail.com.

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About the Organization

A group of independent, international accounting, consulting, and legal firms makes up Water and Shark. We at W&S continuously strive to create a dynamic, cutting-edge, and well-established consulting. We abide by the values of openness and trust. In addition to our usual services, our aim is to go above and above and support the growth of businesses through a personalised approach. W&S, a stand-alone business that its founder started when he was just 19 years old, has developed into a reputable and established global network today. Within a 7-year period, W&S has spread to 4 continents. We are getting closer to realising our goal of dominating the consulting market with each passing day. All of this was made possible thanks to the efforts of a knowledgeable, effective, and motivated W&S team that has served as the foundation and an integral component of the growth ambition. a group of people who put in unwavering effort to give our customers a satisfyingly unforgettable experience. Our devotion, dependability, and passion are reflected in the quality of our services. We at W&S believe in fostering a culture that is creative, founded on values, and open to all of our stakeholders. These values include integrity, responsibility, diligence, perseverance, and discipline.

About the Responsibilities  

In Mumbai, Water and Shark Legal LLP is seeking to engage senior associates and associates.

We need attorneys with 0–2 years of expertise in corporate cases

• Candidates should have prior expertise in negotiating contracts, conducting legal due diligence, conducting in-depth research, writing blogs, etc.
• Candidates must demonstrate strong oral and written communication abilities in addition to a strong academic background.

lawyers with 0–2 years of litigation experience

• Candidates must be highly motivated to solve issues, have relevant experience initiating, defending, and managing litigation, as well as outstanding communication, drafting, and research abilities.
• should be familiar with the Negotiable Instruments Act, RERA, and IBC.

Required: attorneys with 4-5 years of expertise in corporate and FEMA affairs.

• Candidates should have relevant expertise in corporate advising, FEMA advisory, legal due diligence, transaction closure, thorough research, etc., as well as in the drafting and vetting of definitive agreements.
• Must be able to lead a team and work independently on issues and possess good oral and writing communication skills.

Location

Mumbai

Openings

3

Remuneration

As per industry standards.

Eligibility

• PQE: 0-2 years and 4-5 years
• Qualification: Bachelor of Law

How to Apply?

Interested candidates may apply from here: – legal@waterandshark.com

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