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HOW AND WHO PROTECTS THE HUMAN RIGHTS OF REFUGEES?

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Human rights abuses are a primary cause of refugee departure and a major impediment to their safe and voluntary return home. As a result, protecting human rights in countries of origin is crucial for both preventing and resolving refugee issues and it must also be respected in order to safeguard refugees in asylum-seeking nations.

Some people argue that the international law of human rights is little more than a collection of idealistic ambitions defining an ideal society that bears no resemblance to reality. Those who work with refugees may be especially prone to this viewpoint.

States are responsible for safeguarding their people’s rights, and a refugee is someone who has fled his or her home country and is unable or unwilling to return due to a substantial threat to his or her life or freedom. When governments are unable or unwilling to do so, individuals may be compelled to flee their nation in search of safety abroad. If this happens, another country will have to step in to protect the refugees’ basic rights and this whole process is termed International protection.1

The 1951 Refugee Convention and its 1967 protocol provide the backbone of the international protection system, which is supplemented by regional treaties and declarations that also cover refugee rights. International refugee law, on the other hand, does not work in a void. It is best understood in the context of international human rights law, which dates back to the Universal Declaration of Human Rights in 1948, as well as international humanitarian law (the law of war).2

The work of the UN High Commissioner for Refugees (UNCHR) is based on this larger international legal framework. After WWII, the United Nations General Assembly established UNHCR to assure worldwide refugee protection and to cooperate with nations to develop long-term solutions to refugee issues.

True, even the most fundamental human rights are constantly infringed, and international attempts to enforce respect for human rights are frequently ineffective. The right not to be subjected to refoulement, which is enshrined in Article 33 of the 1951 Convention, is the most fundamental right for refugees. However, the 1951 Convention is not the sole international convention that protects people from being deported. Other rights guaranteed under refugee legislation, such as non-discrimination, are also enshrined in international human rights treaties.

What role does UNCHR play?

UNHCR is working with nations to explain, clarify, and build on the existing corpus of international law established by the 1951 Refugee Convention. It has initiated a number of efforts in recent years aimed at bolstering the Convention as well as encouraging the search for durable and secure solutions for the world’s dislocated peoples.3

The most important global refugee conference in half a century, held in 2001, adopted a historic declaration confirming member governments’ adherence to the 1951 Refugee Convention. UNHCR developed the “Agenda for Protection” through a series of global consultations, which continues to serve as a guide for governments and humanitarian organizations in their efforts to increase global refugee protection.


Defend yourself against being compelled to return

Human rights breaches are a threat to refugees in their home countries. The work of the UNHCR to guarantee that they are not subjected to refoulement is a direct and effective method of ensuring that their basic human rights are protected. Refugees who were forcefully returned to their countries in the recent decade have been killed, tortured, unjustly incarcerated, or forced to live in terrible insecurity. Preventing refoulement is effective, and in some cases, the only, way to avoid additional human rights violations.

Refugee status determination

Those who escape their own nations in quest of safety abroad do so because their human rights are being violated at home. When a person is judged to have a “well-founded fear of persecution,” it means that one or more of his or her essential human rights are being violated. In most circumstances, determining that a group of persons fleeing violence or major public disorder are prima facie refugees’ entails admitting that they are victims of human rights or humanitarian law abuses.

Promoting long-lasting solutions

If the situation in the country of origin has fundamentally altered, supporting and monitoring the safety of refugees’ voluntary returns allows them to re-establish themselves in their own community and exercise their basic human rights. Furthermore, monitoring returnees’ safety is a way of ensuring that they do not face the same human rights violations that drove them to escape. In a small number of circumstances, aiding refugees to be integrated locally or relocated in another country is a way of ensuring that refugees who are unable to return to their home countries can find a new home where they can establish a legal status and exercise essential human rights.

Staff from UNHCR carry out actions like this on a daily basis in nations all over the world, making UNHCR is the biggest active UN human rights organization. Despite the fact that the 1951 Convention and/or the 1967 Protocol have been signed by over 125 countries, several countries currently host substantial numbers of refugees and have not ratified either treaty. It is difficult to establish a legal foundation for the protection of refugees in a nation that is not a signatory to the refugee law treaties. However, since they have achieved the status of customary international law, a few international human rights principles are generally applicable. The United Nations High Commissioner for Refugees and many academics believe that the norm of non-refoulement is a component of customary international law. Furthermore, several jurisdictions that are not signatories to refugee law treaties are signatories to human rights treaties with provisions that assist refugees.

References:

  1. Guy S. Goodwin Gill, The International Law of Refugee Protection, The Oxford Handbook of Refugee and Forced Migration Studies,2014.
  2. The study guide: The rights of refugees, University of Minnesota Human Rights Library,2003.
  3. Human Rights and Refugee Protection, www.unchr.org 1995.

Written by Muskan Patidar student at Kirit P. Mehta School of law (NMIMS), Mumbai.

Rights for LGBTQ in India

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INTRODUCTION

The privileges of LGBTQ have consistently been an easy to refute theme in India in any case, the LGBTQ people group acquired the highest level of consideration of general society after the verdict of the Honorable Supreme Court of India in September 2018, in which gay sex has been decriminalized which had been banned under an 1860 law forced by the British. The word ‘LGBT’ represents Lesbian, Gay, Bisexual, and Transgender. Prior, the LGBTQ people group was known as a Gay people group, yet later on, different kinds of gay individuals and their networks likewise turned out to be essential for this and presently combinedly alluded to be as LGBTQ[1].

PROBLEMS FACED BY LGBTS IN INDIA

The problems faced by the LGBTQ in India incorporate –

Separation: Discrimination is the major issue for LGBTQ. They are discriminated against in terms of education, employment, entertainment, justice, etc.

Disregard: They are affronted in each part of life besides in a couple of cases like after the introduction of a kid for their gifts or to favour the recently married couple.

Discouraged: These individuals are dealt with gravely or mistreated by individuals in power. They are inclined to battle for civil rights due to their way of life as Transgender.

Youngster Nabbing: This people group consistently looks for those children/babies/kids who are brought into the world with this component of Transgender. When they come to know, they attempt to seize the kid from their folks.

Prostitution: They are compelled to enter the calling of prostitution by their local area, companions, or family members. Indeed, at times, it is seen that their folks are associated with it.

Driven away from parental home: Once their character is recognized, they are constrained and compressed to leave the parental home by society as they can’t be an integral part of ordinary local area and class.

Undesirable consideration: People focus on LGBTQ out in the open. They attempt to cause the situation by annoying, rebuffing, manhandling, or reviling them.

Dismissal of section: They are dismissed to get enter strict spots, public spots like lodgings, eateries, theatres, parks, and so forth.

Assault and verbal and actual maltreatment: This is the most widely recognized Transgender individuals face. They are inclined to confront assault followed by a physical and boisterous attack.

Absence of instructive offices: Like typical individuals, they are not qualified to take training in schools and universities. Indeed, even as far as instruction, they are dealt with unexpectedly.

STI and HIVAIDS issues: The term ‘MSM’ represents Men who engage in sexual relations with Men. Along these lines, Transgender is probably going to have issues like STI and HIVAIDS. Most Transgender has a place with lower financial status and has low education level. It looks to have inappropriate medical services.

Illegal exploitation: Transgender has a place with the most ignored group. That’s why they are inclined to deal with the issue of illegal exploitation too.

Social Exclusion: The serious issue in the entire cycle is that they are socially prohibited from society. They are rejected from taking part in friendly, social, and financial life. To sum things up, they are avoided from –

  1. Economy, work, and vocation openings
  2. Avoided from society and family
  3. Absence of assurance from viciousness
  4. Confined admittance to schooling, medical services, and individual consideration
  5. Restricted admittance to public spaces
  6. Restricted admittance to collectivization
  7. Freedoms of Citizenship
  8. Avoided navigation
  9. Absence of federal retirement aide

ACKNOWLEDGED RIGHTS BY THE SUPREME COURT FOR LGBTQ

On 6th September 2018, the Supreme Court of India unanimously struck down a part of Section 377 of the Indian Penal Code, 1860 in Navtej Singh Johar and Ors. v. Union of India (2) which condemned sex against the nature request to avoid a wide range of grown-up consensual sexual conduct. Section 377 has been reprimanded for oppressing, and lopsidedly influencing, the LGBTQ people group, and for not being in line with current ethical quality.

In this judgment of the Supreme Court, the accentuation was on the basic right of gay people to live with respect, without the disgrace connected to their sexual direction, with equivalent pleasure in freedoms under India’s constitution, and equivalent assurance under the law.

The choice of SC on decriminalization of Section 377 depended on essential grounds under the Constitution – for example, on

  1. Right to equality under Article 14;
  2. Right against discrimination under Article 15;
  3. Right to freedom of speech and expression under Article 19; and
  4. Right to privacy under Article 21 (1).

• Right to Equality

Article 14 of the Constitution of India, even though permits that differentiation can be drawn, yet in addition commands that such a qualification should be founded on clear differentia. The Supreme Court held that there was no comprehensible differentia between individuals “who as far as anyone knows to participate in ‘normal’ intercourse and the people who take part in ‘bodily intercourse against the nature request”.

• Right against Discrimination

Article 15 of the Indian Constitution keeps the state from oppressing any resident just on the grounds of sex, religion, race, position, or spot of birth. In the Navtej Johar Case, Supreme Court held that any ground of segregation, regardless of whether immediate or aberrant, which is established on a specific comprehension of the job of the sex, comprises separation under Article 15. In this manner, Section 377 was held to be unfair under Article 15.

• Right to Freedom of Speech and Expression

Article 19 of the Indian Constitution manages the Protection of specific privileges in regards to the right to speak freely of discourse and articulation to all residents. In the Navtej Johar Case, Supreme Court noticed that Section 377 doesn’t qualify as a sensible limitation on a singular’s right to speak freely and articulation (3).

• Right to Privacy

Article 21 of the Indian Constitution peruses, “No individual will be denied of his life or individual freedom besides as per a system set up by law.” This article accommodates the security of life and individual freedom as a crucial right to all residents of India. The Supreme Court found Section 377 to abuse these protected freedoms as the right to security couldn’t profit from the LGBTQ people group individuals.

After the memorable verdict of the Supreme Court, India places itself in the rundown of those rights around 150 nations where gay action is lawful. The decriminalization of Section 377 by giving equivalent central freedoms to the LGBTQ people group as that of different residents was the initial move towards perceiving the privileges of the LGBTQ people group in India.

CONCLUSION

“Not exclusively should Justice be done; it should likewise be believed to be finished.”

From the previously mentioned cases, we can express that our Indian Judiciary has been pushing forward in the accomplishment of the said expression steadily. All central privileges given to residents are allowed to LGBTQ Community by our Judiciary and by regarding this local area as socially and instructively in reverse classes of society and making uncommon arrangements, by law, would assist with individual freedom and nobility. Presently, our Indian culture ought to likewise begin tolerating them as ordinary people and treat them similarly with nobility.

ENDNOTES

  1. LGBT RIGHTS IN INDIA. www.lawcolumn.in. [Online] May 14, 2020. https://www.lawcolumn.in/lgbt-rights-in-india/.
  2. NAVTEJ SINGH JOHAR & ORS. VERSUS UNION OF INDIA THR. SECRETARY MINISTRY OF LAW AND JUSTICE. Indian Kanoon. [Online] https://indiankanoon.org/doc/168671544/.
  3. PROBLEMS OF TRANSGENDER IN INDIA: A STUDY FROM SOCIAL EXCLUSION TO SOCIAL INCLUSION. www.academia.edu. [Online] April 04, 2017. https://www.academia.edu/33006703/PROBLEMS_OF_TRANSGENDER_IN_INDIA_A_STUDY_FROM_SOCIAL_EXCLUSION_TO_SOCIAL_INCLUSION.

This article is written by Sara Agrawal student at Sinhgad Law College, Pune

Human Rights

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Rights:-

Individuals’ positions in a state can only be defined by their rights. Individual rights are required for a person’s personal, social, economic, political, mental, and moral development. They are vital not only for man’s development but also for the development of society and social worth. A right is an individual’s claim as well as a political and societal acknowledgment. Rights have a moral character and are intertwined with responsibilities. One’s right implies one’s or another’s responsibility. Rights should be used for the greater interest of society. Moral Rights, Legal Rights, Civil Rights, Political Rights, Economic Rights, and Human Rights are the main categories of rights.

Human Rights:-

Human rights are defined as the rights that every person has the right to enjoy and have safeguarded. Some of the rights and concepts are universal by definition. Natural Rights gave birth to the concept of human rights. Human rights are a subset of traditional natural rights. Human rights do not discriminate based on race, religion, gender, or language. Fundamental rights are another name for human rights. Peace, progress, and humanitarianism are all linked to human rights. The welfare and advancement of an individual are the goals of rights.

Definition:-

Human Rights are defined as “rights relating to life, equality, and dignity of the individual guaranteed by the Constitution or enshrined in an international covenant and enforceable by Indian courts,” according to Section 2(d) of the Protection of Human Rights Act, 1993.

History Of Human Rights:-

The concept of human rights has a long and illustrious history. Religions and cultures have fought for rights and fairness throughout history. One of the UN’s founding treaties lists reaffirming faith in fundamental human rights as one of its goals. The United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948. The basis for present international human rights law is contained in this paper, which was drafted by an international group chaired by Eleanor Roosevelt. Human rights law is continually changing, as are our perceptions and definitions of what constitutes basic human rights.

The Universal Declaration of Human Rights was adopted by the United Nations in 1948. It is a document that discusses basic human rights, which are rights that everyone has just because they are human. There were several issues before 1948, when there were no human rights, such as –

1. War/ Conflict

2. Violence

3. Discrimination and Racism

4. Arbitrary Arrest

5. Dictatorship, I.e., Absence of Democracy

Human Rights were created to address all of these issues. The right to life, the right to freedom, the right to justice, and the right to equality are all examples of human rights. Regardless of their differences, all humans are equal. Right to health care, right to marry and start a family, right to an education, right to work or find work, right to a home or shelter, right to freedom of expression, right to select religion, right to own property, and right to vote These are only a few of the fundamental rights that every person in the world has from birth to death. They can never be taken away from you, yet they can be limited at times.

Important Concept Of Human Rights:-

MAGNA CARTA – It is often referred to as the Great Charter. On the 15th of June, 1215, King John of England signed a charter of rights. It aimed to bring unpopular kings and a group of people together in harmony. It further said that church rights will be protected.

THE VIRGINIA DECLARATION, 1776 – The number of fundamental rights as specified in this proclamation. It also said that all men are born equal in terms of freedom and independence, as well as having some inherent rights.

UNIVERSAL DECLARATION OF HUMAN RIGHTS, 1948 – It was adopted by United Nations General Assembly. It is a document that sets out for the first time, Fundamental Human Rights to be universally protected. 

INTERNATIONAL COVENANTS, 1966 – The United Nations General Assembly adopted two covenants on 16 December 1966 

1. The international covenant on Civil and Political Rights (ICCPR) 

2. International Covenant on Economic, Social and Cultural Rights (ICESCR) 

INTERNATIONAL BILL OF RIGHTS – The International Bill of Rights is made up of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social, and Cultural Rights (ICESCR), and two optional protocols.

Characteristics Of Human Rights:-

  • Human Rights are vital and necessary. 
  • Human Rights are inalienable.
  • Human Rights are associated with human dignity.
  • Human rights are unalienable.
  • Human Rights are required for the fulfilment of life’s purpose.
  • HUMAN RIGHTS ARE INHERENT IN ALL HUMAN BEINGS
  • Human rights are unalienable.
  • Human rights are in constant flux.

Human Rights Day:-

Every year on December 10th, Human Rights Day is commemorated around the world. The Universal Declaration of Human Rights was adopted by the United Nations General Assembly on this day in 1948. (UDHR).

The day celebrates the fundamental human rights that everyone has by birth, regardless of race, color, religion, sex, language, political or other beliefs, national or social origin, property, birth, or other position. They attempt to engage the general public with the UN Human Rights generalist call to action “Stand Up for Human Rights.”

Objectives Of Human Rights:-

The goal of Human Rights is to provide people a sense of security. To cultivate each person’s identity, self-esteem, and respect for the human dignity of all individuals. The basic goal of granting people fundamental rights is to foster diversity respect, understanding, and appreciation. It also aspires to promote democracy, social justice, and equality.

The present article has been written by Kiran Israni, 2nd Year Law Student of Baba Saheb Ambedkar College of Law, Nagpur.

The present article has been edited by Shubham Yadav, 4th year Law student of Banasthali Vidyapith.

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What are the various areas of law to practice?

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The present article is written by Priyanka Choudhary, currently pursuing BALLB from Mody University of Science and Technology, Lakshmangarh, Rajasthan.

FIELDS OF LAW

The legal line of work is widely mistaken for being limited to courtroom appearances and defending criminals. Actually, the bar encompasses a huge subject pool and areas of practice. Sometimes, lawyers began their careers in one field, only to diversify to try something different in their later years. This will be because that field was the chance that was most readily available to them after school of law or thanks to a conscious decision to maneuver faraway from a field of the law.

However, few lawyers know which field is suitable for them from the very beginning of their legal career. This text aims to explain the various fields of law that you simply will study in school of law and may take up as a career path.

CONSTITUTIONAL LAW

The Constitution is deemed to be the supreme law of the country. It governs the affairs of the country and involves rights and duties of the govt. also as its citizens. The study of the Constitution is one of the foremost important subjects in school of law. The practice of constitutional law is one among the foremost lucrative areas of the law in India. Most top lawyers in India are going to be constitutional experts thanks to years of practice and knowledge. Almost like the practice of human rights law, the constitution may be a vast area of the law and may have many cases and jurisprudence to stay track of. These cases require you to access the High Courts and Supreme Court as a number of these issues are often of great significance to the justice system. Most landmark judgments in India will have a constitutional law aspect built into them somewhere.

CORPORATE LAW

The field of corporate law deals with rules concerning the facilitation and management of the business. A company lawyer can advise on an agreement, write up a contract, or negotiate clauses on behalf of a client. Corporate lawyers don’t attend court, but rather advise clients from the comfort of their office. An understanding of the Business Act, 2013, and therefore the Indian Contract Act, 1872, is a must. This is often one of the foremost lucrative areas of practice in recent years, with young graduates flocking to prestigious law firms to practice corporate law due to the attractive pay packages. Life as a company lawyer will involve very long hours. However, a robust understanding of corporate law can make sure you can work for several different types of clients like companies, start-ups, banks, etc.

CRIMINAL LAW

This is a neighborhood of the law that’s often considered the foremost interesting and involves defending criminals or advocating for the innocent in cases of murder, rape, theft, etc. legal code requires an understanding of court procedures, police investigations, and therefore the Indian legal code, 1860. Typically, lawyers who enjoy court-facing lawyers practice legal code. Most law aspirants, dream of practicing within the courtroom as criminal lawyers thanks to the sector being intriguing and interesting. One will see that there’s a bent to avoid practicing legal code in India thanks to questions of safety and low pay, as compared to salaries in law firms at the beginning of your career. However, the amount of legal code cases is on the increase, and practice within the field pays well as you progress ahead in your career if you’re a first-generation lawyer. The foremost successful and well-known lawyers in India are criminal lawyers.

EMPLOYMENT LAW

Employment law concerns the rights & duties of employer and employee. Employment lawyers often fight cases to either defend compliance with the labor laws or absolve their clients of requirements prescribed by such legislation. Employment lawyers will also review employment agreements and assist with the termination of employees. They’ll also represent a private employee, employee unions, and other interest groups. While employment law in other parts of the planet is usually a really specialized area of practice, in India it’s not uncommon to ascertain employment law being clubbed alongside corporate law, with one legal team advising on both areas of the law. Employment law is one of the more exciting areas of the law because it has got to do with tons of people-centric issues (hiring, firing, onboarding, health and safety of workers, etc.), and therefore the Indian government has recently made it easier to practice employment law by harmonizing multiple legislations into singular codes of practice.

ENVIRONMENTAL LAW

The practice of environmental law in India may be a growing area of the law. It deals with laws concerning air, water, wildlife, biological preservation, and environmental protection. With the recent creation of the National Green Tribunal, there are more environmental law cases being litigated and corporations are taking environmental compliance more seriously also. Environmental issues affecting many of us often have an underlying constitutional aspect. Being an environmental lawyer also can allow you to figure more easily for international organizations like the WWF-India or government departments. Thus, the practice of environmental law can allow you to figure during a sort of settings that are different from the traditional firm or lawyer’s office.

FAMILY LAW

Family law concerns personal laws, which affect the personal relationships of citizens. Family lawyers are involved in divorce cases, cases involving custody of youngsters, also as property law. In India, family lawyers need to affect a variety of legislations, which may include even complex laws governed by one’s religion (Hindu laws, Muslim laws, etc.). Family lawyers often affect cases that will be very emotionally difficult, because the issues in family law affect families and young children.

HUMAN RIGHTS LAW

Human rights lawyers advocate on behalf of victims who have violated their rights. In India, the practice of human rights law is often long and arduous together tries to urge their day in court – however, this will even be one among the more satisfying areas of the law as often there’s a vulnerable party at one end who needs legal advice, also because of the relief. To be an honest human rights lawyer, one must remember basic rights that are enshrined within the Indian Constitution. One can also see human rights principles as reflected in procedural laws in India, as the Code of Criminal Procedure.

INTELLECTUAL PROPERTY LAW

Intellectual Property law deals with securing and protecting legal rights concerning innovation, discoveries, and creations. The law seeks to guard the property rights of authors, inventors, artists, and businesses. A property lawyer will often advise on issues regarding the interpretation of statutes about patents, copyrights, or trademarks. Property law is one area that has grown significantly in recent years, with the increase of the media and show business. The work includes registering property, drafting legal notices, and actions associated with enforcing a breach of agreements. Being a property lawyer can keep you closer to business than other areas of the law, with many lucrative opportunities in companies like Netflix and Dharma Productions. Property law is taken into account by many to be one of the foremost exciting areas of practice for a lawyer today.

PROPERTY LAW

Property law deals with the laws regarding the transfer and inheritance of property. The practice of property law is a remunerative area of the law and may have some overlap with family law when families litigate disputed household properties. However, property lawyers also can be involved in land transactions, like people who concern the main construction projects that are prevalent in a developing country like India. The practice of property law also can include the review of tenancy contracts and rent agreements, which are straightforward and routine within the Indian system.

SECURITIES LAW

Securities law is a neighborhood of the law that has greatly expanded within the last 20 years. It focuses on the principles concerning investment and therefore the financial sector. With the expansion of fintech operators in India and an expansion of the Indian economic system, legal issues concerning them are getting increasingly common. Typically, one will find the large law firms in India with great law practice groups. A person should be well versed with the rules issued by the Securities and Exchange Board of India (SEBI).

The school of law journey is meant to offer law students a favor for these areas of law in order that a typical law graduate has minimal competence altogether of them. A student can then decide which area they need to specialize in and pursue upon graduation.

TAX LAW

Tax lawyers advise on the interpretation of provisions of the tax Act 1961 and may be expected to fight cases on behalf of clients in special tax courts. Law requires an intricate understanding of complex laws and maybe one among the foremost difficult areas of the law to master. However, each case is usually very unique, unlike other practice areas which will involve a repetition of issues and use of templates. There’s also an undersupply of lawyers during this domain, and therefore the competition isn’t as great because it is in other practice areas. Very similar to other countries, in India, the law is taken into account to be a distinct segment area of practice.

BIBLIOGRAPHY

  1. Discover Law, https://www.discoverlaw.in/fields-of-law.
  2. The Lawyer Portal, https://www.thelawyerportal.com/free-guides/areas-legal-practice/.
  3. Picking Your Area of Law, https://www.enjuris.com/students/types-of-law-careers.html.
  4. 16 Top Areas of Law, https://www.michaelpage.com/advice/career-advice/job-search-advice/16-top-areas-law.

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