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Ask Anything About Moot Court Competitions.

Ask Anything About Moot Court Competitions.

It doesn't matter if you're writing memorials, preparing orals, or worrying about research. Team S&M Partners gives you a special live session with someone who has a proven track record in mooting. Saunak Rajguru is someone you should get to know. Ask anything about moot court competitions in this SM Live. It's completely free. Saunak Rajguru is an ace mooter. 🗒️ Date:- Sunday, July 25th, 2021 🕒 Time:- 3 PM 💻 LIVE ON ZOOM ❗ Registration link❗:- VISIT HERE

CLIMATE CHANGE: AFFECTS THE FUTURE OF MOST VULNERABLE CHILDREN

CLIMATE CHANGE: AFFECTS THE FUTURE OF MOST VULNERABLE CHILDREN

Climate is dynamic in nature. It changes with the passing of time. Changes are natural phenomenon. Changes are important in life but these changes must be in positive way. But the changes is in climate which occur is not in a positive manner it harms the health of children as well as adult. Climate change means change in the existing environmental temperature or quality of air, water etc. Changes occur due to various factors. The main factors are natural factor and man made factor (we can say human interference) Natural factors Volcanic Eruptions - It happens when lava and gas are discharged from a volcanic vent. Earthquake- Sudden movement of the earth's crust. Flood - Flood is the type of natural disaster and it occurs when an overflow of water enters the area which is usually dry. Floods are usually caused by heavy rainfall, rapid snowmelt or tropical cyclone or tsunami in coastal areas and many more factors. Wild Fire - A wildfire is a fire that starts in a wild area such as in forest. It usually occurs by itself. It spreads rapidly and causing great damages to the forest as well as increase air pollution. Severe Storms Man made factors Deforestation- Deforestation refers to cutting down and removing of all or most of the trees in a forest. Throwing garbage in river and polluting it – By throwing garbage or dust items in the river we pollute it and make the healthy drinking water into unhealthy or unhygienic water. In simple words, we can say it is a water pollution. Air Pollution – Air pollution means introduction of harmful or poisonous substances in the air. Air pollution usually causes because of vehicles and industries. Urbanization – Cutting of mountain or trees for making buildings and infrastructures. Industrialization – Industries are the one of the important reason for air pollution, water pollution and other pollutions. The rise in greenhouse gases or green house effect - Some gases in the Earth's atmosphere act a bit like the glass in a greenhouse, trapping the sun's heat and stopping it from leaking back into space and causing global warming. Greenhouse gases occur naturally, but human activity is increasing the concentrations of some of them in the atmosphere. In simple words, we can say that the earth's temperature is rising with the passing of time. Glaciers are melting. The sea level is rising. Weather has become more extreme, both hot and cold. Extreme weather events, such as severe storms, floods or wildfires, not only directly threaten the lives and safety of children, they put them at risk of mental health problems—and can also cause lasting effects when they destroy their communities and their schools. In today’s world the pandemic of coronavirus harms a lot of people and take many life’s. It affects almost all type of persons - adult, old and children. It mentally or physically harms the children and make them weak. In normal days children go outside of their houses and play games meet other people and do various stunts. Because of this corona virus children stop going outside from their homes, this make them physically or mentally weak. We are the one who is responsible for these changing in the environment. Reason for the interference The main reason for human interference is development or urbanization. I am not denied with the fact that the life of human become very easily with the discovery and invention of equipment and machine. These development makes the human life easy but affect the climate a lot. These climatic changes affect life of living organism on the earth in various ways. Because of these changes, a number of species of plants and animals have gone extinct like Dodo, Great Auk, Stellers Sea Cow, Tasmanian Tiger, Passenger Pigeon, Pyrenean Ibex, Baiji White Dolphin. Past Incident of human affects the life of children. As we know the incident of Nagasaki and Hiroshima, until now the environmental impact has not been cured completely. Now a days also children born with certain defects or disabilities like anencephaly, cleft palate, cleft lip with or without cleft palate, club foot, polydactyly etc. These abnormalities found in approximately 75% of the infant of that place. The disability found in the children of Nagasaki and Hiroshima are because of man-made reasons. The increase in the temperature of earth is the main factor of climate changes. Poor air quality from climate change can cause breathing problems, especially in children with asthma. Climate changes lead to several disease and infections like Lyme disease, diarrhea, and parasites etc. which harm the children more as compare to adult. In present time, we saw how temperature is increasing in Canada which leads to several death including children. Effect on children Children’s are still growing. They are at highest risk of injury, disability and death caused by the impacts of climate change. They are physically, emotionally or mentally weak. Rising temperatures and decreasing air quality affect kids in many ways like laziness, and changes in their genetic makeup. Children’s immune systems and other organs are still developing. They also breathe at a faster rate, increasing their exposure to dangerous air pollutants that can damage their lungs and other organs. Climate change makes heat waves which can be dangerous for the children who play outside from their home. A number of children facing the problem of obesity. If they play outside home for a long period of time then it can lead to a number of children facing the problem of obesity. If they play outside home for a long period of time then it can lead to heat stress. Increase in the level of temperature, decreases the air quality that affects the children and increases the risk of asthma attacks, allergies and other problems. Extreme heat leads to Neurological disorders in the children. If they spent more time outdoor it leads to Psychological stress/imbalance or increased vector-borne diseases. Flooding and water contamination leads to heat-related illness. Health impacts may include gastrointestinal illness like diarrhea, effects on the bodies nervous system and respiratory systems, or liver and kidney damage. Education loss is one of the greatest loss due to the climate change occurs to students. As in today’s scenario, we can see that due the pandemic of corona virus, students are the one who suffers a lot of loss in education. In simple word we can say that climate changes affects or hampers the future of valuable children. one of the most important reasons for this hampering of the future of children are man-made activities. We can say that “In the search of gold we lost our diamond”. In search of the luxurious life or equipment, we wrongly interfere in the nature’s life which leads to dangerous future of human beings. Precautions how can we protect our children from this changes We never want that these kinds of accidents ever occur with our children’s. As a good human beings we all have to do something or try to do things which mainly control the negative changes in the environment happen due to the behavior of humans. As a person we can do following things for the protection of children from the negative result of climate changes. We cannot completely stop the negative impact of climate changes but our precautions must reduce its impact. We can reduce our energy consumption and waste and invest in energy-efficient appliances. We can stop throwing garbage or dust in the river or sea. We don’t use car or motorcycle for short distance. We feed our children with healthy foods, more vegetables and fresh fruits We gave them fresh water. Stop cutting trees. Growing more and more trees in our locality. We can help our children by making plan and prepare one meal each week. We all know that children are the future of country. They play a vital role in development of country or we can say development of the world. For taking the world in the brightest way, firstly we have to make the children healthy and fit. We make them physically, mentally and emotionally fit because children are the future. AUTHOR - Surbhi Rashmi (Lloyd Law College)

Paid Summer Internship Opportunity of 30 days @ Vakeel Sahab Pro

Paid Summer Internship Opportunity of 30 days @ Vakeel Sahab Pro

ABOUT THE ORGANIZATION- Vakeel Sahab Pro is an online Indian legal Portal founded in the year 2020, envisioned to empower the Lawyer's creed. Law is like an ocean the deeper you go, the more you realise its depth. We aim to enhance your legal knowledge and skills not only by providing a learning platform but to make use of law in forming your opinions and raising your arguments. Our startup strives to bring innovative legal events and programs for participants who are willing to stand apart from the crowd and realize their potential in uncommon ways. Being part of the legal world is about adding value to your personality and professional development. We always try to achieve what is fruitful for your Curriculum Vitae as well as self-fulfillment. The usual bars to learning surrounded by orthodox methods leave no space for growth. Thus our mission should be to break the four walls of customary learning and think out of the box ways to advance our growth. ABOUT THE INTERNSHIP - Vakeel Sahab Pro is hiring interns who are enthusiastic and good in extracurricular activity, we are not here to hire the topper of the class as we want the best talent who can show their skills of law, and we are not concerned with your marks. NUMBER OF INTERNS REQUIRED Only 25 ELIGIBILITY Students from 2nd year of both BALLB & LLB. First Year students can not apply. STIPEND 3000 Rs per intern who successfully completes an internship. DURATION Vakeel Sahab Pro is organising only ONE MONTH INTERNSHIP, (4 weeks) from 25 July - 25 August, 2021. ROLES AND DUTIES 1. Prepare short notes of cases and full case analysis. 2. Maintaining full records. 3. Drafting 4. Writing services 5. Promotional works 6. Posters and flyers 7. PILs drafting 8. Moot memorial drafting of clients. NOTE: One intern will get only two types of works and our mentor will teach everything only 2 times. PERKS Stipend Certificate of Internship after completion of one month Internship. Opportunity to join Vakeel Sahab Pro team. Publication Opportunity on our portal HOW TO APPLY? Students from all over the world can apply by sharing their details on this form – APPLY HERE or https://docs.google.com/forms/d/e/1FAIpQLSfaCMPMV-flY_aX8wVS1T8GTYM1Irb0SWNJh_oH-jT4o7q8oA/viewform?usp=sf_link IMPORTANT NOTE: You will get notified about the results on 25 July 2021 through the mail. Last date to apply - 24th July 2021 CONTACT DETAILS vakeelsahabpro@gmail.com +91 8112457884 (Only WhatsApp) OFFICIAL WEBSITE WWW.VAKEELSAHABPRO.ONLINE OFFICIAL LINK - https://www.vakeelsahabpro.com/2021/07/summer-30-days-paid-internship-vakeel.html

INTERNATIONAL HUMAN RIGHTS: ACCESS TO MEDICINE IN A COVID-19 WORLD

INTERNATIONAL HUMAN RIGHTS: ACCESS TO MEDICINE IN A COVID-19 WORLD

ABSTRACT: Mankind’s eagerness to earn respect and equality runs back to a very long time in history, but the thought-provoking fact to notice is, though we have traveled through a lot of technological, social, economic, and political developments in years together, the contemporary grievances remains more or less the same as earlier. The only change in our old tradition is that the way we handle our grievances. Now, we tend to take the help of our legal systems to seek justice. In addition to domestic rights, we also have laws at international levels for the protection of the rights and freedom of individuals. Presently, the outbreak of pandemics has resulted in drastic changes in people’s life. The most important problem faced by all countries is the shortage of vaccines and medicines. During these difficult times, one must understand that all people have international human rights to support them and to ensure people to get equal access to medicines, as this being one of the most important fundamental rights. Everyone should understand that the greatest lesson that Covid has taught us is that, “ultimately humanity is what we all have in this together”. INTRODUCTION: In the fast changing and developing world, there is an ever-growing demand and impact on legal systems, whether it is domestic or international. True dimensions of people’s legal and human rights can be analysed in this reigning world of Corona. Usually, pandemics are categorised under ‘social change or a new beginning’ whereas epidemics, under a category of ‘diseases that seems to hold mirror in front of human beings, showing who they really are’, in words of Frank Sworden. At present, people getting access to required medicines and vaccines are the only priority to be considered. The equal availability and access of medicines to all people is an international human right which can be exercised by all as it provides immediate support because “A right delayed, is a right denied”. Therefore, the challenge of conflicting requirements of different laws, lack of access to information, and the focus to bring back normalcy can be challengingly handled in a successful way with the support and help of human rights, countries. INTERNATIONAL HUMAN RIGHTS LAW (IHRL): Human rights are basic fundamental rights and moral principles which are inherited to all human beings. These rights are regularly protected within international, global and regional and municipal laws. International Human Rights Law (IHRL) is a body of international law designed mainly for the purpose of promoting human rights. This law governs the obligations of State towards every citizen and individuals within their jurisdiction. It applies to all people at all times, including during the times of emergencies and conflicts as it is the duty of states to respect, ensure and fulfil these rights, because human rights enshrines the highest and most important position of human ideals. International Human Rights Law (IHRL) consists of general norms, which are applicable to people in all times; specialized norms which applies only to specific situation like conflicts between states or military problems; Treaties, Customary International law and agreements between states which have binding legal effects between parties who have agreed to them; International instruments, which though are not legally binding, helps in better understanding, analysing, improving and developing the International Human Rights Law as it has been recognised as a source of political obligation. EVOLUTION OF IHRL: After World War II, in 1945, in 24th of October, the United Nations came into force as an intergovernmental organisation, with the main purpose of protecting the future from devastation of international conflicts. The UN Charter established six principle bodies, where Economic and Social Council (ECOSOC) is one among them[1]. The said council was established for the promotion of human rights. Then the United Nations Human Rights Commission saw the new beginning of Universal Declaration of Human Rights. This was held as an ideal common standard around the world, but it doesn’t act under any law. Thus from1948-1966, the UN Human Right’s Commission’s responsibility was to establish a body of international human rights law based on the Declaration. The above said Commission produced two documents namely, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Both of them were turned into international law in the year 1976. These two covenants together comprise, what is today known as the “International Bill of Human Rights”. This trumpets the extension of equal rights to all people and prohibits discrimination. ACCESS TO ESSENTIAL MEDICINES-PART OF RIGHT TO HEALTH: Under Article 2 of the INTERNATIONAL HUMAN RIGHTS LAW (IHRL) and the UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR), “right to life” is explained. Right to life basically go hand-in-hand with the health, security, essential and basic needs of a man. But in this pandemic of COVID-19, we can observe that there is an increase in death rates, a growing alarm, as the numbers are still on hike in various states because of lack of medicines which existing as a threat to equal human rights. Though everyone has legal right to get essential medicines, the truth behind the fact is there are no sufficient medicines available in markets. Hence, even in times like these, the government is responsible to value the rights of people before any rules[2]. The international community adopted the Sustainable Development Goals (SDGs), a set of 17 goals to be achieved by 2030 where Goal 3— is to “ensure healthy lives and promote well-being for all at all ages. It is also called for the achievement of universal health coverage, greater investment in research and development of medicines for communicable and non-communicable diseases. States are obliged under international human rights law to respect as well as fulfil the right to health, which includes an obligation to facilitate access to medicines that are affordable, accessible, acceptable, and of good quality. Another main concept which helps to achieve equal access to medicines is the enough availability of raw materials. It is a known fact that, “ PRODUCTION IS COMMENSURATE WITH THE EXISTENCE OF RAW MATERIALS”, but due to increased restrictions, there exists a cost-surge on raw materials, for example, 100% increase in certain specific prices, thus directly making difficult for many developing countries to avail the raw materials[3]. RIGHT TO EQUITABLE VACCINE- IF NOT NOW THEN WHEN: It is only now, in this time of pandemic we can talk about how people should aim to achieve equality in getting vaccinated, as this is not a topic which can be discussed neither after the pandemic, nor when every country got ample storage of vaccines. It is only during the time of pandemics, people are in severe need of vaccine and government should take all possible ways to achieve equality in distributing it. From public’s point of view, rather than the method acknowledged by worldwide government, ministry, scientists, specialised surgeons and doctors where the old aged people should get vaccinated at first, then focusing on adults, teenagers and at last the children, people wish to provide the first dosage equally to all, then focus on people with comorbidities, old aged, etc., They also want the government to procure free vaccines to all citizens. This is because people want to exercise their right to access medicine and vaccine equally. Therefore, government should also take into account of all international human rights law available to people before talking any new rules in this crucial time. THE NEED FOR COUNTRIES TO JOIN HANDS: The entire world is being shaken by the brutal hands ofCOVID-19. Every country is trying to answer just a single question “WHAT CAN BE DONE?” The best answer to this issue is literally “LET’S HOLD HANDS TOGETHER”. Every country should come together to save the humankind from the word ‘destruction’ as this is not a problem faced by a single country, but the whole world. Accordingly some of the best ways which can be adopted are, firstly, other developed states, where the number of survival rate is higher must reach out to the developing states, not just by words or importing vaccines, but they can disclose the raw materials used in vaccines, as by releasing the details as the states which can avail the necessary could start the production for themselves, thus leading to more availability. Secondly, the states which have a faster recovery rate like People’s Republic of China can extend their support and help in ways where they can allow other states to transfer some of their COVID-19 affected patients to China and other like states, for treating and helping them. In these ways, every state can be saved as fast as possible. The current COVID-19 cases are on the increase, as there is shortage of treatment beds, ventilators, oxygen, vaccines, medicines, and every aspect of essential treatment products. Thus this can’t be solved when all people in a country stay together, but can be resolved only when all countries stay together. DEVELOPMENTS NEEDED: One of the important facts to be noted is, “not everyone is vaccinated”. In this aspect, we should make sure that whether each and everyone gets vaccinated. In many states, the right time vaccination is mostly been given to those who availed the first dose. According to the recent surveys, there is no death or difficulties caused when people have delayed their second dose of vaccine after the prescribed time. Thus, the first dose of vaccination must be given to every citizen. This makes 10percent of the people who are not vaccinated, avail of the dose of the vaccine. Another problem that can be analyzed is, in some developing countries like the Republic Of India, though the vaccination camps have started 6 months before, still 15percent of the people are not stepping forward to get a vaccine. To those people, more incentives can be allowed like the state government can give a guarantee like that, “if death or difficulties caused to any person because of vaccinations their full medical costs will be taken care by the government or in case of deaths, their family would get around 14 grand (i.e.) 14,000 USD, in Indian rupees 10,00,000 INR approx.”. These methods would encourage people to get vaccinated as well as to trust the government. The states which have dual government can also decentralize their powers to a faster recovery. SUGGESTION: Livelihood for a common man is defined as “a means of securing his necessities of life”. But in this pandemic, it can’t be considered as a common world, but a Covid world. Every man’s single priority has changed. A few suggestions includes, UNITED NATIONS can form a separate committee ensuring one’s safety in the world by joining hands with human rights committee, financial committees to propose an international treaty ensuring recovery of every citizen’s livelihood and legal rights in a very short period. As in this pandemic, health and livelihood can’t be defined separately, they both are the very same[4]. Next one is, every single citizen can contribute to their fullest for yielding faster results. This should be considered as a time where people should act as a boon and as a supporting pillar to each other. Another thing we need is the mass production of vaccines in order to inoculate the global population. People can provide a helping hand to each other, parents can aid government, students need to be mentally strong, doctors and frontline workers should not be stressed and devastated. Thus in whole, all should stay physically, mentally and emotional strong together. CONCLUSION: It’s hardly high time to realise the fact that every person is a citizen and not categories of pie charts to be divided to allot vaccination. The worldwide government, ministry along with WHO (WORLD HEALTH ORGANISATION) should compete with countries to see who will reach faster by equitable vaccination to all people as as there is a famous quote which goes like “Competition is very good... as long as they are healthy”. “Peace at last doesn’t mean that just putting an end to war or violence, but to all other factors that threaten peace, such as discrimination, inequality, poverty”. Thus, unexpected achievements can be successfully achieved though in difficult times as world is yearning for peaceful, secure and trusted surroundings can be reached with legal orders. Justice will be served to everyone at any time as ‘Injustice anywhere is a threat to justice everywhere’. The only motive that must prevail now among the government and ministry is to develop changes with legal system as pillar to protect people’s interests and to restore normalcy. [1] UN Committee on Economic, Social and Cultural Rights, General Comment No. 17: The right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author (art. 15 (1) (c)), E/C.12/GC/17 (2006). http://tb.ohchr.org/default.aspx?Symbol=E/C.12/GC/17.

[2] Hans V. Hogerzeil and Zafar Mirza, “Access to Medicines as Part of the Right to Health,” in The World Medicines Situation 2011 (Geneva: WHO, 2011), http://apps.who.int/medicinedocs/documents/s18772en/s18772en.pdf.

[3] Pharma industry warns of Covid drug shortages as raw materials prices surge 200% (theprint.in)

[4] De Vos et al, “Health through people’s empowerment: A rights-based approach to participation,” Health and Human Rights 11/1 (2009), www.hhrjournal.org/index.php/hhr/article/view/126/201. AUTHOR - B.Oviya & R.Jaisurya (The Tamil Nadu Dr.Ambedkar Law University) 3RD NATIONAL ARTICLE WRITING COMPETITION

WRONGFUL CONVICTION- THE JUSTICE PARADOX

WRONGFUL CONVICTION- THE JUSTICE PARADOX

“Surely the almighty must observe the principles of English common law and consider a man innocent until proved guilty" - Sir Winston S. Churchill INTRODUCTION “Miscarriage of justice” Wrongful prosecution had been a serious issue all over the world. India is been facing it lot many times. Wrongful conviction is the punishing of person for a crime which he has never committed. Therefore, taking the life not according to procedure established by law is the violation of right to life of the individual which needs to be acknowledged by the state either through amendments, compensation or desired changes in functioning of judicial proceedings . Article 21 which talks about no one shall be deprived of his life or personal liberty except procedure established by law. But he has been deprived of the privilege. What does procedure established by law means here that the procedure according to which you punish the accused must be on just, fair and reasonable grounds, And when you go on prosecuting the innocent person and do not acknowledge his right to life and personal liberty it is injustice to the person. Also, the actual accused go around freely. Therefore it’s just not about the innocent person being convicted but it’s about the accused you kept free for further crimes. Have you heard of Carlos de Luna, a famous event where a person was executed for a crime he did not commit. His name – Carlos DE Luna – is being shouted from the rooftops of the Columbia Human Rights Law Review. A prominent case happened in Texas due to similar looks where lawyer was confused between 2 Carlos. The Carlos who was innocent was awarded capital punishment . Such brutal and unjust act, Need dire tweaks! Similar is happening in India not this brutal but yes it is unjust. Innocents are being put behind bars for years , there are no trials. Their petitions are left unheard. Should I say lack or underdeveloped criminal justice system.! India and countries around must acknowledge human rights as supreme . Human rights are going in wane. Even after signing such treaties nothing is being implemented as everyday we see the violation of human rights in some or other way. Also what about mental health it’s a serious issue. The wrongful convicts are facing severe trauma. Heard of case where man after 7 years of jail writes petition to allow him euthanasia. Though wrongful prosecution is not everyday phenomena but if its happens rarely it is violation of the essence of our system that is justice . That’s why its said “law is fact and justice is abstract.” What will be represented will be executed. The issue even arises due to overburdened and lack of practical knowledge to defence lawyer. There an old saying that a hundred murderers should be let out but not one innocent should suffer. Later, my article will focus on how to undo the harm. <script async src="https://pagead2.googlesyndication.com/pagead/js/adsbygoogle.js"></script>
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</script> PATHETIC CONDITION OF JAIL -SUFFERINGS OF INNOCENT The concept is not novel to India . It has been in system from times immemorial. From British government who are considered to be father of Indian criminal justice system to Modi government. The condition of Indian jails are pathetic . Would you have been seen in many movies , how accused have been treated and all the police atrocities and prosecutorial misconduct they face. This have been so brutal that even they need to change police system. The latest supreme court update on installation of CCTV in police station is the way forward to police atrocities. The brutality faced by the accused is always seen. The conditions is not less than hell. Overcrowding of jails is another issue because of which maintenance is barely possible. There is increasing cost due to increase of prisoners. In another case, a nine-year-old child died due to police’s atrocities whose kin was awarded a compensation amount of Rs. 75000. CAUSES OF WRONGFUL CONVICTION Inadequate defence Matters only become worse when a person is represented by an ineffective, incompetent or overburdened defence lawyer. The failure of a lawyer in properly presenting his counsel reflects the loopholes in system. There needs much awareness among the lawyers for presenting case and at least not reason behind innocent behind bars. Eye witness misrepresentation Witness misrepresentation is the major cause for wrongful conviction. The misrepresentation is honest one. The event happens so instantly that the witness could barely make the difference what happened and who is the perpetration of the offence. The eye witness representation is never a reliable evidence and it produce falsify evidences. As sometimes the perpetrator hide his identity and one cannot make out the appearance of the accused. There could be change in system if police takes statement of confidence. False confession False confession is the high count for increasing wrongful imprisonment. Article 20 (3) right against self incrimination protects the same . this can be due to external factors that person is compelled to be witness against himself. have you heard about the narcos-analysis test and brain mapping in which the person is put under such hypnotic situation reduce their ability to lie or manipulate. ofcourse you would have because this serves as a evidence in court of law for providing evidences. But it is illegal in India. But can be used in criminal cases with consent and certain safeguards. False forensic evidence Legal and judicial personnel tend to provide false forensic evidences against the innocent as they aren’t fully trained .. Unfortunately, the experts called in to give evidence during trials tend to be believed by judges, lawyers, and jurors. More validated forensic research is essential to eliminate this type of wrongful conviction. <script async src="https://pagead2.googlesyndication.com/pagead/js/adsbygoogle.js"></script>
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</script> Perjury Perjury means producing ‘FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE’. Producing false evidences is against the system of justice .false evidence is the offence in itself because it can put innocent behind the bars. This is one of the reasons for wrongful conviction. The only inference can be drawn is miscarriage of justice served by corruption. Official misconduct This is happening more these days. the cause for wrongful prosecution and must be acknowledged and changed. Forced confession during interrogation could be one of the cause as the innocent is compelled to accept the crime he never committed . Instead police must focus on investigation rather than compelling convict to accept the untruth. Police atrocities have been aware to everybody. The recent instance of Vikas dubey encounter reflects the police atrocities. Others include judicial vacancies, complex procedures, and lack of awareness among the legal fraternity. The National Judicial Data Grid (NJDG), which monitors the performance of courts at the national level, shows that 26.55% (26.462) of appeals against convictions have been pending before the High Courts of the country for more than ten years. LANDMARK JUDGEMENTS Let’s now talk about the important judgements -the reality Check. The suffering faced by the innocent due to the lag in the system. Rudul Shah v state of Bihar 1983 This is the 1st time government was in dilemma whether or not it should award compensation to wrongfully prosecuted victim whose civil liberties and fundamental rights have been violated. The petitioner was unlawfully detained in prison for ‘14 years’ and filed a Habeas Corpus petition before the Supreme Court underArt.32 of the Indian Constitution demanding for compensation along with other reliefs. The Court believed that Article 21 would be deprive. if the Court ordered for mere acquittal of the petitioner without any grant of compensation. The Supreme Court awarded Rs. 30,000 as compensation to the petitioner and held that the scope of Art.32 is sufficiently broad to include the ‘power to grant compensation’ for infringements of fundamental rights only in cases where the infringement of rights is serious one. The grant of compensation by the Supreme Court, according to Art.32 and the High Court under Art.226 of the Constitution, is collective reparation dependent on the strict liability of breaches of constitutional rights Ram lakhan Singh v state of up The Court, while hearing a writ petition of the case ordered a compensation amount of Rs.10 lakhs to the petitioner who fought a prolonged legal battle for ten years and also spent 11 days in jail. Ayodhya dubey &ors v ram sumar Singh The case basically talks about the Severe obstruction of justice. There is actually a miscarriage of justice, when the innocent person’s life is put to stake. Lack of action to frame a uniform framework for compensation indicates their ignorance towards degraded status of these victims. The lack of action on part of judiciary continues to undermine the criminal judicial system. S. Nambi Narayanan v. State of Kerala The Supreme Court awarded Rs. 50 lakh as compensation to the ISRO scientist who was wrongfully accused of espionage after a long legal battle of 24 years. The fact that restitution was granted 24 years post the wrongful conviction significantly reminds us of the need to ‘rectify wrongdoings promptly’. REMEDIES -HOW CAN WRONG BE UNDONE The only constant is the change. The change which is very necessary with the growing issue of wrongful conviction. Dynamism is the need of the hour. The person who has been denied right to life, employment, must be granted with not only compensation but also relief. The loss of employment, harm to reputation, loss of opportunities must be compensated. The aggrieved is in all his rights to get compensation. Though the compensation provided by the legislation is very meagre and unjust. It is rs. 100 you heard right! It is just100 rupees. What is the criteria for setting such compensation, just a formality. Compensation for the state atrocities is 100, this is the cost of life. Remedies available- SECTION 358 CRPC provides for compensation for a person groundlessly arrested. The compensation is limited Rs. 100 and cannot exceed more than thud which is very minimal. This is unfair to suffering borne by accused. In 2017 Hon’ble high court of Delhi recognizes this deficiency in case of Babloo Chauhan v. State Govt. Of NCT Delhi . It says that there is the dire need of legislative framework for relief to victims of wrongful convicted. <script async src="https://pagead2.googlesyndication.com/pagead/js/adsbygoogle.js"></script>
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</script> Law commission of India report no. 277 titled Wrongful prosecution(miscarriage of justice) Absence of any legal remedy is violation of civil liberties and fundamental rights is acknowledged in above report. The law Commission recommends establishing ‘Special Courts’ in each district for delivery of expedient and speedy justice to wrongfully suffered .These courts shall solely entertain the Compensation Pleas filed by wrongfully accused victims and their family members to provide it in the best interest if the victim. The LCI also prescribes grant of interim compensation by the State to the victims. The compensation shall be of ‘Pecuniary’ and ‘Non-Pecuniary nature’; Pecuniary being the amount of the compensation decided by Courts based on Guiding principles and the non-pecuniary means which is non-monetary compensations under which measures taken by the State for the reintegration of the victim into society, in particular employment opportunities, the removal of social stigma associated with the crime that the victim has never committed. Section 191 and 192 of the Indian Penal Code Witness giving false evidence must be punished, if proven evidence are tainted . Fabricated evidence are produced with the intention to make innocent guilty. If the guilt of producing false evidence is proven he shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Section 211 of IPC False charge of wrong conviction , cause injury intentionally must be punished with description for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death 1[imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Section 482 of the CRPC, The Supreme Court held that while exercising the power under this section the court can quash the FIR even if the charge sheet has been filed, as the power under section 482 is to be exercised to prevent the abuse of process and miscarriage of justice. It must serves ends of justice . The FIR can be quashed on the basis of compromise at any stage by the High Court. The power of Judiciary to grant compensation to these victims under Article 32 and Article 226 of the Constitution. Article 32 has Been considered as heart and soul of constitution. These are the constitutional remedies provided to every individual whose rights have been violated. CRITERIA FOR DETERMINING COMPENSATION Wrongful prosecutors have been prosecuted for the term depending on the severity of the crime. But then they have been wrongfully imprisoned for the crime which they have not committed. Therefore, they have the right to het compensated. But the question is what must be the criteria for compensation. There are some mentioned under - 1.Length of punishment 2.Severity of punishment 3.Psychological and emotional trauma 4.Damage to health 5.Harm to reputation 6.Loss of opportunities 7.Loss of earning 8.Damage to property The uniform compensation legislative framework will in actual serve the ends of the justice . Unlike in Rudul Shah was granted compensation in the amount of Rs. 30000 for being captive for 14 years in prison and that Ram Lakhan Singh was granted compensation in the amount of Rs. 15 Lakhs for being imprisoned for 11 days reflects the lack of consistency of the Judiciary’s approach to these cases, thereby highlighting the need of a ‘uniform compensation legislative framework Criteria must be taken into consideration” THE WAY FORWARD “Wrongful conviction the destruction of the inalienable right article 21 without procedure established by law” National human rights commision must acknowledge the fundamental rights of the individual they have the life to live with dignity and personal liberty which must be attended by the commission and take necessary step in this regards. Welfare state the basic structure of our constitution, which cannot be changed must act like a role model to the system. But what is happening is contradictory. Instead to giving facilities they take the right to enjoyment what about the opportunities for years went in wane, What about the reputation. There is a utter need to bring change in the system and work efficiently. Uniform compensation legislative framework is of sole catalyst if such framework will come in the system and will be implemented. As I have mentioned above about the cases. Due to lack of criteria they are providing compensation randomly. Also there is a need for Stringent legal framework for punishment of producing false evidences, ignorance of criminal justice system, state atrocities, overburdened and untrained lawyers. Awareness of PIL must be given among the people. But before that the system needs to be changed to bring the widened scope of PIL in system to at least match. PIL is seen as an efficient method against the State’s nuisance. But then poverty stricken India. Political interference like suicide case and Bombay case must not be there. This is causing great threat to justice. Due to external influences right against self incrimination has been violated as it violates the right that no one can be witness in his own case. State being the custodian of fundamental rights must try To eliminate the existence of a question as to how the State and the Courts have failed to protect their fundamental rights. The non-grant of compensation for the Bomb blast accused, who later turned out to be innocent after decades of trial, forces us to think about the speedy and fair delivery of justice in our country which must be acknowledged by the state. “Justice delayed is justice denied" Authored by - Rakshita Bansal

How can the world unite to fight racism?

How can the world unite to fight racism?

What is Racism? Racism is prejudice, discrimination against a person who represents a less powerful ethnic group, on behalf of his colour, ethnicity or national origin. This can be seen as a physical or a mental abuse or a harassment. Furthermore humorously addressing a victim of racism and making fun of him, excluding him from social groups can also be a part of racism. This can affect not only an individual person but also to an entire race. According to the Natural School of Law humans have rights ascribed to them, that they possess merely by virtue of being human. Even the Universal Declaration of Human Rights (UDHR) highlights that “All human beings are born free and equal in dignity and rights, and that we all have the right to a life free from discrimination and degrading treatment”. But in racism, one group of people become powerful and another group of people are deprived of their rights and made weak. This is contrary to the opinion of the Natural School of Law and the UDHR. <script async src="https://pagead2.googlesyndication.com/pagead/js/adsbygoogle.js"></script> <ins class="adsbygoogle" style="display:block; text-align:center;" data-ad-layout="in-article" data-ad-format="fluid" data-ad-client="ca-pub-3413652713417404" data-ad-slot="5412041680"></ins> <script> (adsbygoogle = window.adsbygoogle || []).push({}); </script> We can see racism throughout the world in various formations. It was there in the past, and still remains as a burden to the society. Religious discrimination, racial discrimination and discrimination based on sexual orientation and gender equality holds a major position in this. Most commonly minorities, migrants, indigenous people, African descents living in European countries, women and people with disabilities become victims of racism. This violates their rights to enjoy their life and freedom, isolates and oppresses them in society and makes them hide for the rest of their lives, bringing them psychologically unfavorable results and eventually this develops hatred for society in their minds. "I look to a day when people will not be judged by the color of their skin, but by the content of their character" – Martin Luther King Jr. South Africa's apartheid, holocaust of Jews, denial of HIV/AIDS patients from the society are some of the examples for those discriminations in the history. Nelson Mandela, Martin Luther King Jr, Mahatma Gandhi were some of the great personalities who fought against racism. So the world altogether have taken necessary steps to combat racism in order to protect those victims' rights. But anyhow still there can be seen some kinds of discriminations around the world. The recent tragic death of George Floyd, a black American, who was murdered inhumanly by the American Police was a result of this Racism. Before that Breonna Taylor and Elijah McClain sacrificed their lives becoming victims of discrimination. So it is clear that the work is far from finished. Therefore we all have a role to play to eliminate this. There are things we can do as individuals and things that can be done through our decision makers. How can we fight against racism Each country as well as the entire world use different methods to combat racism. It is directly done by Acts and Statutes and indirectly with the participation of people. This can be listed as followings. · By International Acts and Statutes to eliminate racism · By Acts and Statutes against racism in each country · By Social Media · With the help social groups and voluntary organizations · By awaking people about their rights · By punishing those who spread racism <script async src="https://pagead2.googlesyndication.com/pagead/js/adsbygoogle.js"></script> <ins class="adsbygoogle" style="display:block; text-align:center;" data-ad-layout="in-article" data-ad-format="fluid" data-ad-client="ca-pub-3413652713417404" data-ad-slot="5412041680"></ins> <script> (adsbygoogle = window.adsbygoogle || []).push({}); </script> International Acts and Statutes to eliminate racism · International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) – 21 December 1965 This Convention essentially resolves to “to adopt all necessary measures for speedily eliminating racial discrimination in all its forms and manifestations, and to prevent and combat racist doctrines and practices in order to promote understanding between races and to build an international community free from all forms of racial segregation and racial discrimination.” The following articles of ICERD are noteworthy. Article 2.1 "States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races…" Article 5 "In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law" This article ensures people's right to public health, medical care, social security and education, right to freedom of thought, conscience and expression, right to have protection by the state against violence etc. Article 6 This includes the right to a legal remedy and damages for injury suffered due to discrimination. · Declaration on Race and Racial Prejudice –27 November 1978 This declaration adopted under the auspices of UNESCO is based on the principle that racism violates human worth and dignity. Specially Article 1.2 provides that, "All individuals and groups have the right to be different, to consider themselves as different and to be regarded as such. However, the diversity of life styles and the right to be different may not, in any circumstances, serve as a pretext for racial prejudice; they may not justify either in law or in fact any discriminatory practice whatsoever, nor provide a ground for the policy of apartheid, which is the extreme form of racism" · Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) – 18 December 1979 This convention ensures elimination of all acts of discrimination against women by persons, organizations or enterprises. It helps to recognize enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. · Durban Declaration and Programme of Action 2001 (DDPA) This was adopted by consensus at the 2001 World Conference against Racism (WCAR) in Durban, South Africa. DDPA proposes concrete measures to combat racism, racial discrimination, xenophobia and related intolerance. Specially they have focused on eliminating discrimination against women and HIV/AIDS patients. · Convention on the Rights of Persons with Disabilities – 2006 The main purpose of this convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. It is the responsibility of the world to ensure that these conventions, which are agreed upon by the whole world are properly implemented. <script async src="https://pagead2.googlesyndication.com/pagead/js/adsbygoogle.js"></script> <ins class="adsbygoogle" style="display:block; text-align:center;" data-ad-layout="in-article" data-ad-format="fluid" data-ad-client="ca-pub-3413652713417404" data-ad-slot="5412041680"></ins> <script> (adsbygoogle = window.adsbygoogle || []).push({}); </script> Acts and Statutes against racism in each country Besides the international statutes, most of the countries in the world have codified their own statutes and laws to combat all types of discrimination in their countries. India, Australia, United States, Bolivia, United Kingdom are some of such countries. In particular, it is clear from looking at section 153A of Indian Penal Code and Article 14 to 18 of Indian Constitution, that India has made great efforts to eliminate racism and ensure equality. Social Media Earlier agencies like UN was the only one to fight against discriminations around the world. But after the development of the technology, many social media platforms like as Twitter, Facebook, Instagram opened the way to common people to share their opinions on those discriminations. When George Floyd was brutally murdered in America, many people united to fight against racism through social media with the slogan 'black lives matter'. Though the incident took place in America, the entire world stood up for the victim's justice. Nowadays we can witness that people have started to speak up about their personal experiences and how racism can cripple a person’s mental health dramatically. Social media can make a huge impact in the society in ways we never thought possible. And now people are given the chance to report contents to the social media platforms which carry hatred speech, racial discrimination. So it is clear that social media is a best tool to unite the world beyond the borders to fight racism. Social groups and Voluntary organizations United Nations (UN), National Association for the Advancement of Colored People (NAACP), The International Movement Against All Forms of Discrimination and Racism (IMADR) are some of the organizations who volunteer to help the discriminated people around the world. They have thousands of volunteers who help those victims by donations and legal advices. We can recognize their voices in international conferences, standing up for the victims as their strengths. So being a volunteer would help the world to unite to fight racism. Awaking people about their rights Because of illiteracy or ignorance of law, people sometimes do not even know that their rights have been violated. So it is important to be aware of our rights and make others aware about their rights. This can be easily done through the education system. Adding law as a subject in schools, having debates on human rights, organizing quiz competitions on human right laws would be a help to spread the knowledge through the society. Furthermore this can be done through social media platforms and newspapers too. Celebrating other cultures and their festivals, educating children about peace and reconciliation and practicing them to obey other cultures and religions, being a good example for the future generations will help to combat racism. Punishing those who spread racism A person who discriminates others people's dignity will not stop his actions until he is disliked by the society. It is therefore the responsibility of society to condemn those people and their actions to make them, people who value equality. Not only the society but also the government should be able to take action against them. Section 153A of Indian Penal Code has recognized, promoting disharmony, enmity or feelings of hatred between different groups on the grounds of religion, race, place of birth, residence, language as an offence. Section 6 of ICERD includes the right to a legal remedy and damages for injury suffered due to discrimination. The purpose of these punishments is to prevent them from spreading racism for fear of punishment. Conclusion Although various measures have been taken from time to time to prevent racism, it has been difficult to carry out such work effectively due to the shortcomings in the law and social awareness, from the past. The main reason for this is, that the victims of racism are often affected by the majority powers. With globalization, the world today has got the ability to speak out for the human rights, even for a weak man in a small, rural state, who has become a victim of racism, as the world has become united. In this case social media plays a major role. Furthermore, the world has been able to unite in the fight against racism under the influence of international conventions, laws and international human rights tribunals. AUTHORED BY- Isuri Liyana Gamage Faculty of Law, University of Colombo, Sri Lanka.

SATVINDER SINGH SALUJA AND OTHERS V. STATE OF BIHAR

SATVINDER SINGH SALUJA AND OTHERS V. STATE OF BIHAR

NAME OF JUDGEMENT: SATVINDER SINGH SALUJA AND OTHERS V. STATE OF BIHAR COURT NAME: THE HONOURABLE SUPREME COURT OF INDIA DATE OF JUDGEMENT: 1 JULY 2019 CITATION: AIR (2019)7SCC89 BENCH NAME: K.M. JOSEPH AND A BHUSHAN INTRODUCTION The case deals with whether the consumption of alcohol in private vehicle is offence or not! Here, Satvinder Singh Saluja and others (appellant) and the state of Bihar (respondent). The appeal has been filed against the judgment given by chief Judicial Magistrate (high court of Patna) dated 16 Feb. 2018 , for dismissing the application of the appellants filed under section 482 of Crpc for setting aside the order dated 30 April 2016 . Chief judicial magistrate has taken cognizance of the offence punishable under 53(a) of Bihar excise (amendment) act, 2016 which according to appellant was ultra vires act. The appellants aggrieved by the order of the high court have come up in this appeal. The case actually talks about the consumption of the liquor at public premise. Here in the case the contention is about the public place as the word has not been defined in the act clearly. the appellants were found in toxicated state in their car which accordingly is considered to be public place if its on road and public can have access to it is the actually what law says. what is the actual bone of contention in present case is that the car is considered under category of public place. Though the appeal was dismissed but the view point of law still remained untouched. Further, lets take it according to different perspective keeping provided legislation in mind and critically analyze what actually is the case. Is the Patna high court decision reliable or the appeal of Satvinder and others must be contained in furtherance of the protection of justice? BACKGROUND The appellants, Satvinder Singh and others were member of the rotary club. the Rotarians were travelling from Giridh, Jharkhand to Patna, Bihar to attend a meeting of rotary club on 25th April 2016. The appellants were travelling by vehicle no. jh-11k/8146.the vehicle was stopped for routine checkup at Rajauli check post, district Nawada. state of Bihar, By one Sachidanand Bharti, sub inspector excise. When car was gone through checking process liquor was not found. Then the appellants were subjected to breath analyzer test in which as per the prosecution case certain quantity of alcohol was found. The appellants were arrested and remained in custody for 2 days. First information report was lodged on 25 April 2016 on which excise case no. 316 of 2016 was registered. The chief judicial magistrate, nawada took cognizance by order dated 30 June 2016. The appellants filed application under section 482 crpc praying for setting aside the order passed. The high court vide its order dismissed the application under section 482 of crpc aggrieved by which order this appeal has been filed. The issue raised by the appellants was whether there is any violation of section53(a) of the Bihar excise (amendment) act ,2016. LAWS REFERRED Section 53(a) – penalty for consumption of liquor in state of Bihar. Section 2(54) -Bihar prohibition and excise act, 2016 – public place, any transport, whether public or private. Section 2(17A) of the Bihar Excise (Amendment) Act defines “public place” as any place to which public have access, whether as a matter of right or not and includes all places visited by general public and also includes any open space. CONTENTION RAISED LEARNED COUNSEL- APPELLANT According to them the offence has not been committed taking into consideration the law of Bihar. they brought out 2 view points under their contention. The first one is the vehicle in which they were travelling cannot be said to be public place within the meaning of section 2(17A) of Bihar excise (amendment) act , 2016. Also the ingredient of section 53(a) had also not been satisfied. And also if no liquor bottles have been found in car and consumed to be considered as an offence remained unsatisfied. Secondly, though it is considered that section2(54) contains the requisite of public place which talks about transport whether public or private. Thus considering private vehicle as public place, the definition was not there in act . Also they stated that the consumption of liquor has not happened in state of Bihar therefore it is not an offence under Bihar excise amendment act 2016. Section 37 which provides for penalty for the consumption of liquor if found drunk or is in state of intoxication was not offence in section 53 of the act. LEARNED COUNSEL-STATE OF BIHAR Refuting the contentions of the learned counsel appellant, the section 53(a) has been fully satisfied and no error has been committed by the chief judicial magistrate in taking cognizance. The submission made by the appellants regarding competence of chief judicial magistrate to take cognizance was rejected. JUDGEMENT The court is of the view that A person who ‘consumes’ liquor in a different state cannot be fastened with a penalty under Section 53(a) unless there is some evidence to prove that consumption of liquor by the accused has taken place in the state of Bihar, but agreed partially. Here it talks about consumption which has been manipulated to found in drunken state. Further, The court mentioned and takes into focus the word ‘access’. When private transport is passing through a public road it cannot be considered that public have no access. It is apparent that public may not have access to private vehicle as matter of right but obviously public have opportunity to approach the private vehicle while it is on the public road. Hence, court did not accept the submission of learned counsel of appellants that the vehicle is not public place. Another point of submission was - The omission of public conveyance in the definition of Section 2(17A) of the said act also indicates that the difference between public transport and private transport was done away in the amendment of the statute. Thus, the submission of the learned counsel for the appellant that private conveyance will be excluded from the definition of ‘public place’ as contained in Section 2(17A) cannot be taken into account. Another argument of the appellants also could not hold water. They had argued that consumption of liquor within the state of Bihar was made punishable under Section 53(a) and should not be considered as an offence if done outside the region of Bihar. The court made an exceptional observation with regard to this contention. The court mentioned that the Bihar Prohibition and Excise Act 2016 had created a novel category of offence. Anyone “found” in drunken state within Bihar would be punished under Section 37(b) of the Act. Which suggests that if a person or accused who intakes liquor outside the State of Bihar and enter into the territory of Bihar and is found drunk or in a state of intoxication, he can be charged with offences under Section 37(b). Indeed, a commendable step taken by the court. It had given liberty to the appellants to seek discharge from the Magistrate on the second issue. It said that whether the appellants consumed liquor within Bihar or not was a ‘question of fact’ which could be examined on the basis of material on record and then only justice will serve its ends. It also mentioned that under Section 482 of CrPC, a question of fact cannot be decided in an appeal from a proceeding. Therefore, the appeal was dismissed. CRITICAL ANALYSIS The decision given by the courts was appreciating enough. Though there was a mess in the law points as the law was not clear and ambiguous. But the court with its insights and judicial activism made the justice served. Though there were loopholes which can be questioned further but court very actively resolved the matter and come up with the correct decision of keeping the law as sovereign. The case required the strict equation of legislation, without any loophole to play with. And the decision has been taken wisely. Starting from the contentions of the learned counsel of appellant who were of the opinion that the private transport should not come under public place. Indubitably the transport which is private and not a car pool should not be considered as the public place as there is no access of public, whatever people are doing in the car should not affect the public causing them inconvenience or discomfort taking example of smoking if you smoke on a public place it will definitely cause discomfort to the public around but if one is smoking in car it barely causes any inconvenience to the public. But then law needs to adhered if it is not allowed to drink on public place and car comes under the category of public place it must be adhered to, violating laws always bring penalty as rights come with the corresponding duties. Another contention that the appellants were in drunken state but they did not consume liquor in state of Bihar. this was the question of fact to prove that the consumption of the liquor was outside the state of Bihar, giving them the benefit of doubt, they were put to liberty that the question will later be answered depending on the materials on record. The law has been applied remarkably that there should be no scope of biasness. Though the contention was correct that if they have not consumed liquor in state of Bihar, they have not committed any offence. But the laws were changed and consumed was changed to found., which suggests the strict nature of law. According to which if a person who consumes liquor in another State cannot be penalised under Section 53(a) unless there is some evidence to prove that consumption of liquor by the person or accused has taken place in the State of Bihar. At this juncture further it is noticed that as per act another category of offences which has been included in Section 37 (b) which suggests that if a person consumes liquor outside the State of Bihar and enter into the territory and is found in drunken state, he can be charged with offences under Section 37(b) of the said act. The decision was not taken on the above issue in this appeal. Whether the charge that consumption of liquor has taken place within the State of Bihar is made out in the facts of the present case are questions which need to be decided by the judiciary after looking into the evidences on record through charge sheet. It is apparent from the judgement that the ends of justice be served in providing that appellants shall be at liberty to file an application to discharge before the learned Magistrate who thereafter considering the evidences on record shall decide the said application of discharge in accordance with law. The court by this judgement overrules the Kerala high court judgement which was passed In year 1999 stating that the private car on a public road is still a private space and any such activities which is an offence if committed on public space if occur in private car also it will considered to be happened on public place. To sum up, it can be said that the judicial activism played a very important role in interpretation of statute . Sometimes the laws have loopholes and sometimes the idea behind law is not crystal clear. There comes the role of judiciary which can be seen in the present case. Also, the interpretation done was remarkable and the concept of rule of law had been followed beautifully. “Law is not an exact science. Its shades change depending on the context, differ from statute to statute. Background circumstances, and the expediency of the situation often influence the application of law”- Anonymous Authored by - Rakshita Bansal (Lloyd Law College)

NATIONAL LEVEL OXFORD STYLE DEBATE CHAMPIONSHIP @ VAKEEL SAHAB PRO

NATIONAL LEVEL OXFORD STYLE DEBATE CHAMPIONSHIP @ VAKEEL SAHAB PRO

ABOUT THE ORGANIZATION- Vakeel Sahab Pro is an online Indian legal Portal founded in the year 2020, envisioned to empower the Lawyer's creed. Law is like an ocean the deeper you go, the more you realise its depth. We aim to enhance your legal knowledge and skills not only by providing a learning platform but to make use of law in forming your opinions and raising your arguments. Our startup strives to bring innovative legal events and programs for participants who are willing to stand apart from the crowd and realise their potential in uncommon ways. Being part of the legal world is about adding value to your personality and professional development. We always try to achieve what is fruitful for your Curriculum Vitae as well as self-fulfillment. The usual bars to learning surrounded by orthodox methods leave no space for growth. Thus our mission should be to break the four walls of customary learning and think out of the box ways to advance our growth. ABOUT THE COMPETITION - Vakeel Sahab Pro is organizing the Oxford-style debate competition where the participants are required to show their talents of words and expressions through debating skills on various topics in an online mode. WHO CAN PARTICIPATE - -Anyone pursuing undergraduate or postgraduate courses from any recognized university or college - Legal Processionals only. DATE OF DEBATE- 16th 17TH & 18th May 2021 WHAT IS OXFORD STYLE DEBATE? It is a type of debate on the predetermined statement- also called as a motion, the participants are required to present the arguments in one by one manner as first-person will present his or her arguments and after that opponent will present his or her argument. When one person will speak then no opponent will say and vice versa. One will go - for the motion One will go - against the motion which will be decided by organizers. GUIDELINES - 1. Debate will be on language - Hindi or English only. 2. There will be of total three rounds i.e (Preliminary, Semi Finale, Final Round) 3. On the first day, only a preliminary round will execute as the participants will get one topic each for one team and then they will get only 10 min (5 min each side in 2 min break ) and 1 min if they are having some introduction or speech related to that topic. 4. First 2 min from for the motion then the opponent will come and start for 2 min and same will happen for three times and after that, both can ask questions from each other if they want or if they don’t want to then they can continue 2 min break arguments debate. 5. One-minute speech or introduction is not compulsory. 6. Conclusion is compulsory. (Extra one minute for this) 7. No personal, religious, slang words have to be used. 8. Making notes is permitted. 9. If a participant of the other side is not present then only one side participant will present his or her arguments and a rebuttal will be held from the organizers. 10. Only formal dress will be allowed. 11. Final Results will be binding on everyone and no one can go against that order. 12. No rebuttal and questioning & answering will be held in the first round. 13. Only one winner will get Achievement Certificate and all others will get a PARTICIPATION CERTIFICATE. 14. Use of Webcam/face camera while debating is compulsory and participants have to face the camera. 15. Reading from any written document is prohibited and if the organizers get to know about this so the participants will be disqualified immediately. 16. Topic of Motion for the second round will be given before 12 hours of debate. 17. The participants are required to keep themselves ready to log in before 10 min so that the punctuality and internet connection can be managed. 18. Internet connection problems are not our problem. 19. Ten minutes in First Round Eighteen min in Second Round Twenty Three min in Final Round 20. Team will be made on a knockout basis. 21. One team code will also be given to them. 22. No extra time for poor internet connection problems. REGISTRATION CHARGES- There is a nominal fee of 121 Rs for registration. Please pay fees on - 8933948420 GooglePay / PhonePe/ PayTm/ Amazon Pay/ BHIM REGISTRATION PROCEDURE Please fill out this form - CLICK HERE or https://forms.gle/fCkuk6svHQaJ1uuD9 and upload your screenshots of payment. PRIZES : --3000rs for the winner. --500 Rs for top 2 runner-ups. --Hard Copy of the Certificates will be sent to everyone who will take part in the first round at least. --Publication Opportunity for 10 top runner-ups. TOPIC OF MOTION - For the First round - 24 hrs before For the Second round - 12 hrs before. Final Round topic of motion is - TOTAL LOCKDOWN SHOULD BE IMPOSED ON INDIA OR ONLY WEEKEND DAYS & FEW HOURS IN A DAY SHOULD BE IMPOSED FOR CURING THE COVID-19 ? CONTACT DETAILS : +91 8112457884 - only WhatsApp Vakeelsahabpro@gmail.com IMPORTANT DATES - Last date for registration = 15th May
Debate on 16th to 18th May
Results - 20th May
Certificates dispatch begins from 24th May Official Link - https://www.vakeelsahabpro.com/2021/04/national-level-oxford-style-debate.html OFFICIAL WEBSITE - www.vakeelsahabpro.com

3RD NATIONAL ARTICLE / ESSAY WRITING COMPETITION

3RD NATIONAL ARTICLE / ESSAY WRITING COMPETITION

ABOUT LAWTSAPP Changes are often difficult but always done to bolster the society, it’s important to stop for a while and anatomize. Lawtsapp.com is an extensive portal registered with Government of India, MSME endeavors to provide detailed and credible writing/news in the socio-legal realm, and trying to create a space for first-generation law students. ABOUT THE COMPETITION Writing of Articles is one of the simplest yet sophisticated ways\ to acknowledge one’s ideas, knowledge and perspective towards the issues. The National Article Writing Competition is being organized to advocate the views of intellects on varied aspects of day-to-day life. While pursuing our goals, we commit to partnering with the most public so as to ensure their best interests are served and it will also improve the creation and dissemination of research skill. The Competition is open to every student enrolled in any UG or PG Programme. TOPICS 1. The big challenges that await Indian economy in 2021 2. Rising demand for legal-tech start-ups 3. Advertising Law: Observing the Fine line Amongst Online Advertising and the Law 4. Defending the Right to Protest in the Digital Age 5. International Human Rights: Access to medicine in a Covid-19 world 6. Joe Biden: A Catalyst in the Changing World Order 7. Gender stereotypes: An analysis of their existence in today’s modern society, or a comparative study of the past and present (what has changed, what hasn’t) … in the context of law, politics, education, etc. ELIGIBILITY: The Competition is open for all students pursuing/ completed Undergraduate Law and/or Post Graduate Law courses in any recognized University/College across the country. Co-authorship is only permitted for this essay competition up to 1 co-author. REGISTRATION Please register yourself by submitting this Google Form by filling out necessary details. Registration fees: Rs. 100 (Single Author), Rs.150 (Co-Author) Registration Form: https://docs.google.com/forms/d/e/1FAIpQLSfNLFZDfIEwyIvp_ha5ifvaVkV6YiaiVx-5h4qRP3WZV5nGqA/viewform?usp=pp_url PAYMENT: Paytm: 8577000000
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A critical Analysis of- Maneka Gandhi v/s Union of India

A critical Analysis of- Maneka Gandhi v/s Union of India

A few Supreme Court judgments have changed the face of Indian polity and law. These landmark SC judgments are very important segments of the Indian judiciary. On this article, I will explain to you one of the most important SC judgment MANEKA GANDHI V/S UNION OF INDIA. So that, all the readers can have a gross idea of the same. In this article, you can read all about the Maneka Gandhi case. Firstly, let me tell you about the petitioner, Maneka Sanjay Gandhi (also spelled Menaka). She is an Indian politician, animal rights activist, and environmentalist. She is the widow of Indian politician Sanjay Gandhi. She has been a minister in 4 governments, and most recently in Narendra Modi's government from May 2014 to May 2019. After her intro let us focus on facts of the case. The petitioner Maneka Gandhi’s passport was issued on 1st June 1976 (according Passport Act of 1967). On 2nd July 1977, the Regional Passport Office (New Delhi) ordered her to surrender her passport without any given reason for this arbitrary and unilateral decision of the External Affairs Ministry, in the name of public interest. The petitioner approached the Supreme Court (consider Article 32) by invoking its writ jurisdiction and stating that State’s act of taking her passport back was a direct assault on her Right of Personal Liberty as guaranteed by Article 21. It was declared by the Supreme Court in Satwant Singh Sawhney v. Ramarathnam that right to travel abroad is well within the ambit of Article 21. Now, let’s discuss, what were the Issues before the honorable Supreme Court? Those were, Are the provisions under Articles 21, 14 and 19 connected with each other or are they mutually exclusive? Should the procedure established by law be tested for reasonability which in this case was the procedure lay down by the Passport Act of 1967? Is the right to travel outside the country a part of Article 21? Is a legislative law that snatches away the right to life reasonable? After, various trials and dates, in which both the parties state their views, the bench of Supreme Court with 7 benches delivered the judgment on 25 January 1978. These are the major findings of this. The court stated that though the phrase used in Article 21 is “procedure established by law” instead of “due process of law” however, the procedure must be free from arbitrariness and irrationality. Constitution makers drafted this Constitution for the protection of the “people of India” and such interpretation of Article 21 will be counter-productive to the protection offered by the Constitution. Honorable Supreme Court said that there is a unique relationship between the provisions of Article 14, 19 & 21 and every law must pass the tests of the same. Earlier in A.K. Gopalan case the majority held that these provisions, in it, are mutually exclusive. The court held that the scope of “personal liberty” is not be construed in narrow and stricter sense. The court said that personal liberty has to be understood in the broader and liberal sense. Therefore, Article 21 was given an expansive interpretation. The court obligated the future courts to expand the horizons of Article 21 to cover all the Fundamental Rights and avoid construing it in narrower sense. And the most important thing is that the right to travel abroad as held in Satwant Singh case is within the scope of guarantees mentioned under Article 21. Also Court described that section 10(3) of Passport Act 1967 does neither violates Article 21 nor Article 19(1) (a) or 19 (1) (g). The court also suggested government to ordinarily provide reasons in every case and should rarely use the prerogative of Section 10(5) of the 1967 act. The rights discussed under 19(1) (a) & 19(1) (g) are not confined to the territorial limits of India. If we talk about why this is case called landmark or what is the importance of this case? In this case, the meaning and content of the words ‘personal liberty’ again came up for the consideration of the Supreme Court. This is all about Maneka Gandhi Case.

Indira Nehru Gandhi V/s. Raj Narain

Indira Nehru Gandhi V/s. Raj Narain

Indira Gandhi doesn’t require any introduction but let me tell you a little about Raj Narain, he was the political contender against Indira Gandhi for Rae Bareilly Constituency in 1971 Lok Sabha (lower house) General Elections. Mrs. Gandhi won the election & congress won the house with sweeping majority. However, after the results of the polls, Raj Narain filed a petition before High Court of Allahabad contending that Indira Gandhi has performed Election malpractices. On 12 June1975, The High Court of Allahabad speaking under Justice Jagmohanlal Sinha found Indira Gandhi guilty of misusing government machinery u/s-123(7) of Representative of Peoples Act, 1951.[1] Therefore, the court held that Indira Gandhi cannot continue as the Prime Minister of the nation, further, she cannot contest elections for another six years. Aggrieved by this decision Indira Gandhi went to appeal this ruling of Allahabad High court in Supreme Court. However, SC being in vacation at that point of time granted a conditional stay on execution on 24 June 1975. The most important fact is that Indira Gandhi vs. Raj Narain was the landmark case that created history and led to the imposition of Emergency in India from 1975 to 1977. The case made a huge blow to the doctrine of Basic structure of the Constitution. Let us focus about Background of the case. In 1971, when the 5th Lok Sabha elections were held, Indira Gandhi and her party emerged victorious, securing a total of 352 seats out of 518 seats in the said elections. She fought her election from the Rae Bareilly Constituency and against her there was Raj Narain, leader of Ram Manohar Lohia's SSP. Even though he was confident of his triumph against Mrs. Gandhi, he lost by a huge margin.

Disappointed with the defeat, he filed an appeal to nullify the election and accused Indira Gandhi of using corrupt practices in the election campaign to claim victory. On 24th April, 1971, he challenged the Prime Minister's election by filing a petition in the Allahabad High Court and accused Gandhi of violating the election code in the Representation of the People Act, 1951. He expressed that her election campaigns were assisted by many Government officials, who was inclusive of armed forces and local police (it was a very serious claim). Apart from that, he alleged that Indira Gandhi has used Government vehicles for her election campaigns, distributed liquor and blankets to the voters to influence them to vote for her, exceeding the campaign expenses. As a verdict, the Allahabad High court declared Indira Gandhi's election void on the grounds of corrupt practices on 12th June 1975, the court found Indira Gandhi guilty of misusing Government machinery under Representative of people's act, 1951. As a result, she was barred from contesting into elections for another six years. Aggrieved by this decision, she appealed in Supreme Court, but SC being in vacation at that point, granted an executional stay.

Thereafter, a state of emergency was declared by the then President Fakhrudeen Ali Ahmad stating that the reason for it was internal disturbances but it is very much clear that the ‘real reason' that led to emergency was the judgment of Allahabad High Court in the case of Raj Narain v/s Uttar Pradesh. And on 10th August 1975, 39th Constitutional (Amendment) Act, 1971 was passed by inserting Article 329-A in the Constitution which altogether barred the jurisdiction of Supreme Court form entertaining the matter of elections- making the elections of President, Prime Minister, Vice-President and the Speaker of Lok Sabha unjustifiable in the court of law. The Constitutionality of the 39th Constitutional (Amendment) Act, 1975 was challenged in the Supreme Court in Indira Gandhi v/s Raj Narain. When the 39th Amendment was passed by the Indira Gandhi Government, most of the members of the Parliament were absent and arrested under Preventive detention. It was seen that this amendment destroyed separation of powers and judicial review which also are an integral part of the basic structure of the Constitution. It destroyed the notion of equality whereas there isn't supposed to be differences between people holding high offices and people who are elected to the Parliament. Since most of the opposition MP's were under preventive detention, they could not vote in the parliamentary proceedings and give their opinions regarding the amendment which benefited the Congress party. This was claimed by Raj Narain. However, the court said that this matter was related between both the Houses of Parliament was cannot be interfered upon by the judiciary. Respondents argued, that the petitioner revolved around the 39th amendment which was affecting the ‘basic structure of the Constitution' and also takes away the power of jurisdiction of courts under election petition which was unfair to the judiciary. They presented that the function of the Legislature is to legislate and can make and pass laws. However, the power to decide the constitutional validity of a law lies with the judiciary. Rule of law and judicial review are the integral part of the constitution and cannot be altered. The Amendment was passed when there wasn't majority of MP's in the house who cannot vote in favor or against it. And lastly, Article 368 does not empower Parliament to amend Constitution to decide who wins or loses the election. The petitioners contended that the majority decision of Kesvananda Bharti judgment cannot be taken as a precedent to decide whether the elections would be free and fair. They said that when the Constitution of various countries does leave their election disputes to the Legislature, there are a various article in our Constitution as well which show the judicial review can be excluded in such cases as a matter of policy. Coming back to the landmark case, they that how Kesvananda Bharti and Shankari Prasad both did not cover the ambit of electoral disputes and rather they dealt with the meaning of the word ‘amendment'. Lastly, they argued that the rule of law is not a part of basic structure and apart from Article 14 our Constitution recognizes neither doctrine of equality nor rule of law. The court provided its judgment on 7th November, 1975 and was the first case in which the landmark decision of Kesvananda Bharti case was applied. The apex court upheld the contention of the respondent and declared clause (4) of Article 329-A as unconstitutional. Justice Mathew said that Article 329-A (4) destroyed the basic structure of the constitution. He was of the view that a ‘healthy democracy' can only function when there is possibility of free and fair elections and the respected amendment destroyed that possibility. Chandrachud J. found that the amendment was violation of the principle of ‘separation of powers' as it willfully transferred a function into the hands of the legislative which was purely judicial. He was also of the view that the amendment is volatile of Article 14 as it creates unequal positions of specific members of the Parliament against others. Ray C.J held that one more basic feature was violated by the said amendment i.e. the rule of law and Justice Khanna was of the opinion of violation of norms of free and fair elections.
The bench also held that the amendment was volatile of the principles of natural justice i.e. Audi Altered Partemwhich means ‘listening to the other side' as it was denying the right to fair hearing of those who were challenging the election of the members mentioned in the Amendment. Hence, it was on varied reasons that the 39th Amendment act, 1975 was struck down as it was unconstitutional and volatile of the basic structure of the Constitution. Critical Analysis The decision in the Indira Gandhi vs. Raj Narain case was a brave one taken by the judiciary to put the ‘greedy' Parliament in its place in the Constitution. It was showed to the Parliament that they are not the only one in the democracy and judiciary will always be there to uphold the Constitution from the harmful acts of the Parliament. However, even though the judgment was theoretically right, it was in many ways flawed on the grounds of justice, equity and good conscience. It was pretty much evident that the amendments were made to expel all grounds on which Mrs. Indira Gandhi was found guilty of by Allahabad High Court. However, the Supreme Court failed to notice that why these amendments were made in the first place. When many opposition leaders were under Preventive detention, they could not vote against the amendment (again it was a calculated move by the Gandhi party), Supreme Court said that it was a matter of the Parliament and the judiciary can have no say in it which was ignorant of the Supreme Court. It was unmindful in managing the issue when Indira Gandhi abused her powers to adjust those laws which charged her of corruption. The Hon'ble Supreme Court was very much aware of the way that Indira Gandhi had made the amendments to fulfill her political exigencies and had unpredictably forced crisis to spare her from being proved guilty. Raj Narain needed to sit tight for a considerable length of time and what he got was undesirable thinking. However, the Supreme Court did strike down clause 4 of Article 329 being volatile of the basic structure. Authored by: Shobhit Dagur Saraswati Vidya Mindir Law College

INTERNATIONAL HUMAN RIGHTS

INTERNATIONAL HUMAN RIGHTS

Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination. What is International Human Rights Law? International human rights law is the law that states the obligation of states to act or refrain in any way from promoting and protecting the human rights and fundamental freedoms of individuals or groups. Under the great achievements of the United Nations under the United Nations, the creation of a broader human rights law can be identified as a victory for the universal human race itself. The United Nations has defined a wide range of internationally recognized rights, including civil, cultural, economic, political and social rights. That comprehensive system has been defended through a variety of mechanisms, most notably the Universal Declaration of Human Rights, a milestone in the history of human rights. Since its adoption by the United Nations General Assembly in 1948, the United Nations has systematically expanded human rights law to protect human rights, including specific standards for women, children, peaple with disabilities , minorities, and other vulnerable groups. It was drafted by representatives of various legal and cultural backgrounds from every country and region of the world and was adopted by the United Nations General Assembly in Paris on December 10, 1948, Resolution 214a3 for the benefit of all people. It is the first document in which universal human rights must be universally protected. It has been translated into more than 500 languages ​​since its adoption in 1948. It is also the most translated document in the world. The Universal Declaration of Human Rights for the Protection of International Human Rights has since expanded international human rights law into a series of human rights treaties and other tools. · Convention on the Prevention and Punishment of the Crime of Genocide (1948), · International Convention on the Elimination of All Forms of Racial Discrimination (1965), · Convention on the Elimination of All Forms of Discrimination against Women (1979), · Convention on the Rights of the Child (1989) · Convention on the Rights of Persons with Disabilities (2006), among others. The Human Rights Council, established by the General Assembly on 15 March 2006, replaced the United Nations Human Rights Commission as the United Nations Intergovernmental Panel on Human Rights. The Council consists of forty-seven delegates and is responsible for responding to and advising on human rights abuses, as well as promoting and protecting human rights worldwide. Human rights in India is an issue complicated by the country's large size and population, widespread poverty, lack of proper education, as well as its diverse culture, despite its status as the world's largest sovereign, secular, democratic republic. The Constitution of India provides for Fundamental rights, which include freedom of religion. Clauses also provide for freedom of speech, as well as separation of executive and judiciary and freedom of movement within the country and abroad. The country also has an independent judiciary as well as bodies to look into issues of human rights. In the case of Keshvanand Bharti v. State of Kerela, the apex court observed: “The Universal Declaration of Human Rights may not be a legally binding instrument but it shows how India understood the nature of human rights at the time the Constitution was adopted.” Protecting human rights is essential for the national development of a country and the development of its people. The Constitution of India guarantees human rights to all citizens of the country To this end, the framers of the Constitution have made great efforts to ensure the maximum possible provision. The range of human rights has also expanded in an era of development. Even Members of Parliament play a vital role in protecting human rights in the legal system by passing the necessary rules and regulations and amending the provisions. Looking at the history of human rights in India, it started a long time ago. This can be easily identified from the principles of Buddhism and Jainism. That is, human rights provisions are contained in Hindu religious texts as well as in other religions. It is as if the massive human rights abuses of the early British era led to the birth of modern human rights jurisprudence in India. The Universal Declaration of Human Rights is almost entirely enshrined in the Constitution of India in relation to fundamental rights and the principles of public policy. As a result, India signed the Universal Declaration of Human Rights on January 1, 1942, which included Part III of the Constitution on Fundamental Rights. As a result, Part III of the Constitution contains fundamental rights. Article 13 (2) prohibits the imposition of any law in violation of fundamental rights. It states that if a part of the law violates fundamental rights, that part will also be declared invalid. If the relevant invalid part cannot be separated from the main part, then the whole action can be declared invalid. Just as the UDHR recognizes equality before the law in Article 7, Article 14 of the Constitution of India recognizes it UDHR in connection with the violation of fundamental rights. It can be identified that Article 18 has been accepted and it has accepted Article 32 of the Constitution of India. Right to life and personal liberty UDHR Article 19 and identified in Article 21 of the Constitution of India. Freedom of speech is guaranteed by Article 19 of the UDHR, which is enshrined in Article 19, Article 19A of the Constitution of India. Attributed to the Constitution. Freedom of speech is guaranteed by the UDHR in Article 19 and Article 19 in the Constitution of India. The UDHR deals with the protection of minorities in Article 2 and attributes it to Article 29 1 of the Constitution of India. The right to education in the UDHR is guaranteed under Article 26 1 and appears to be guaranteed in Article 21A of the Constitution of India. Thus it can be seen that the Constitution of India has accepted the provisions of the UDHR as it stands. India has also become a party to the ICESCR Multilateral Agreement. This is an agreement that focuses primarily on social and cultural rights such as food health education education and accommodation and was ratified by India on April 10, 1979. Part IV of the Constitution of India contains many provisions. Equal pay for equal work is recognized under the ICESCR and is discussed in Article 39 of the Constitution of India.. The right to work is recognized by ICESCR under Article 6 of and is guaranteed by Article 41 of the Constitution of India. ICESCR addresses Articles 7b and 10 of the Humanitarian Conditions of Employment and Maternity Leave, which are recognized by Article 42 of the Constitution of India. The provision of compulsory education for children is recognized by ICESCR 13 (2) a and Article 45 of the Constitution of India. Further, the protection of the interests of minorities is recognized in Article 27 of the ICESCR and is also recognized in Article 29 (1) of the Constitution of India. India is also a signatory to the ICCPR Convention and its clauses and the Constitution of India appear to have ratified and ratified it. The right to life and liberty is enshrined in Articles 6 (1), 9 (1) of the ICCPR and is recognized by Article 21 of the Constitution of India. In some cases, protection against detention is enshrined in Articles 9 (2), (3), (4) of the ICCPR and Article 22 of the Constitution of India. The right to equality guaranteed under Article 14 of the Constitution of India is paramount. Freedom of conscience is recognized by Article 18 of the ICCPR and is guaranteed in Articles 25 (1) and 25 (2) b of the Constitution of India. The freedom of speech and expression of the ICCPR is discussed under Articles 19 (1), (2) and Article 19A of the Constitution of India. The right to peaceful assembly is enshrined in Article 21 of the ICCPR, which is enshrined in Article 19 (1) (b) of the Constitution of India. Article 26 of the ICCPR states that the right to form a union is 22 (1), equality in public service 25 (b), protection of the interests of minorities (27) and equality before the law, respectively. It is recognized in the Constitution of India under Articles 19 (1) b, 19 (1) c, 16 (1), 29 (1) 30, 15. Although some of the above have been stated, there are other express rights that are not the same but can be stated that various fundamental rights are recognized by various court declarations. For example, the rights so recognized are the right to a fair trial, the right to privacy, the right to legal aid, the right to go abroad. That is, the Indian judiciary appears to have broadly defined the fundamental rights enshrined in the Constitution of India. Later, in the case of Maneka Gandhi v. Union of India, J. Bhagwati observed; “The expression ’personal liberty’ in article 21 is of the widest amplitude and it covers a variety of rights, which go to constitute the personal liberty of man and some of them have been raised to the status of distinct fundamental rights and given additional protection under Article 19. No person can be deprived of his right to go abroad unless there is a law made by the State prescribing the procedure for so depriving him, and the deprivation is effected strictly in accordance with such procedure.” Further, the Indian judiciary has so positively interpreted fundamental rights in relation to cases. for example, · PUCL & Anr vs State of Maharstra & ors (Right ti live with human dignity) · Mc Metha ( Taj Trapezium Matter) vs Union of India ( Right to Clean air) · In re Noise pollution ( Right to freedom from noise pollution ) · Khatri and others vs State of Bihar & ors (right to free legal Aid) Finally, an in-depth study of Part III and Part IV of the Constitution of India reveals that he was primarily a human rights defender and covered all the rights enshrined in the Universal Declaration of Human Rights. It is further recognized that the constructive interpretation and protection of human rights is very positive in relation to the judgments of the Indian legal system. That is, the promotion seeks to protect human rights by expanding the legal position in this regard. Human rights in Sri Lanka and human rights in other countries. It can be seen that Sri Lanka is also a party to various conventions for the protection of human rights and that the Constitution seeks to protect those human rights. For example, in the case of Lilavati v. Minister of Defense and External Affairs, Lilavati, an Indian woman, came to Sri Lanka and married a Sri Lankan. She later applied for Sri Lankan citizenship but it was rejected. According to the Citizenship Act at that time the Minister had the discretion to grant citizenship to a woman. There was no such restriction for a man. When Lilavati filed this case, the 1972 Constitution came into force. The court ruled that Sri Lanka has accepted the United Nations Universal Declaration of Human Rights, which denies gender segregation. He further stated that as of today, the fundamental rights chapter of the 1972 and 1978 constitutions are based on the United Nations Universal Declaration of Human Rights, on which relief can be obtained. In the Bulankulama case, Amarasinghe was seen referring to the monopoly, which states that the right to life is not explicitly stated in the Constitution but is not necessary. The judiciary is bound to act on behalf of what the country has accepted, regardless of whether there is a bill. In the case of Visakha v. Rajasthan, it was stated that due to the omission of the Central Government of India, the possibility of obtaining CEWDAW protection could not be restricted. This situation has been highlighted by judges of Australia's Supreme Court, who say that in order to protect human rights, it is often necessary to shift from dualism to monotheism in defending rights by filling in the gaps when the law is silent. After considering these facts, it is clear that the judges have stated that although all states do not have bills to protect their country's human rights, they should be addressed somehow. Conclusion It is thus clear that all states are committed to the protection of human rights by signing and ratifying various international conventions. That is, states have a mutual responsibility to fulfill their responsibilities in accordance with principles such as jus cogens and to secure the world's international human rights by protecting the country's human rights as a whole. States must also fulfill their duty to protect jus cogens, such as the slavery of women and children and the killing of unarmed civilians. Further, there is an urgent need to expand the UN judiciary as well as other legal frameworks in this international human rights legal framework. Author: B.N.S. Basnayaka (Faculty of Law, University of Colombo, Srilanka)