Legal Directions Newsletter November 2018

Newsletter on Indian and International Legal Affairs An initiative of RMN Foundation humanitarian organization VOL. I | ISSUE 3 | November 2018

Legal Directions Law Simplified

By Rakesh Raman

International Court of Justice

Tribute to Eminent Salvadorian Jurist José Gustavo Guerrero On Tuesday 16 October, the International Court of Justice (ICJ), the principal judicial organ of the United Nations, in collaboration with the Embassy of the Republic of El Salvador in the Kingdom of the Netherlands, held an event to commemorate the life of the eminent Salvadorian jurist, José Gustavo Guerrero, last President of the Permanent Court of International Justice and first President of the International Court of Justice.

Speeches were given by Judge Abdulqawi Ahmed Yusuf, President of the Court, Mr. Agustín Vásquez Gómez, Ambassador of El Salvador to the Netherlands, Mr. Philippe Couvreur, Registrar of the Court, Judge Antônio Augusto Cançado Trindade, and Mr. José Miguel Arévalo Rengifo, the great-great-grandson of Judge Guerrero.

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Speaking on behalf of the Court, President Yusuf observed that José Gustavo Guerrero and others had “built the foundations of what has now become one of the most important methods of dispute settlement at the international level”.

He also drew attention to President Guerrero’s “integrity, outstanding leadership qualities and exceptional capacity to bring together the Members of the Court”. President Yusuf concluded by stating that Judge Guerrero “will forever be remembered as an icon of international justice and a pioneer figure of the peaceful settlement of disputes among nations”.

José Gustavo Guerrero was born in San Salvador on 26 June 1876. He began his studies at the University of El Salvador and went on to obtain a Doctor of Law degree from the National University of Guatemala in 1898.

Right to Information Can Strengthen Indian Democracy: President The President of India, Ram Nath Kovind, inaugurated the 13th Annual Convention of the Central Information Commission (CIC) in New Delhi.

The President said that RTI (Right to Information) is not a standalone; it is part of the larger narrative of strengthening Indian ​democracy​, of ensuring transparency across systems of governance, and of building capacities of the common citizen to enable him or her to take informed decisions and make informed choices.

Above all, the President said, it is about nurturing the social contract of trust between the citizen and the state – where both must have faith in each other. A related and parallel implication is to ensure rational use of public resources to check instances of corruption or waste.

Speaking on the occasion, the Union Minister of State for Public Grievances Jitendra Singh said the Government is committed to strengthening the RTI Act and Institutions.

He said the number of Public Authorities brought under the RTI Act have increased from 1,600 to 2,092 during the last four years. The disposal rate of RTI applications has also increased from 20,147 in March 2014 to 29,005 in 2018. As regards pendency, there are more than 40,000 cases at present as compared to 24,351 in August, 2010.

Stating that the CIC at present has six Information Commissioners (ICs) besides the Chief Information Commissioner, Jitendra Singh said the Government has already initiated the process of selection of CIC and ICs as vacancies are scheduled to arise soon.

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Ram Nath Kovind at the inauguration of the 13th Annual Convention of Central Information Commission (CIC), in New Delhi on October 12, 2018. Photo: PIB

In his welcome speech, the CIC RK Mathur reiterated that the Commission is constantly working towards improving delivery of information under the RTI Act. Status of RTI appeals has been made entirely online and can be tracked in real time, he added.

Legal Education: Blockchain, Cryptocurrency and Law Certificate The University of New Hampshire School of Law (UNH Law) has partnered with global blockchain expert Samson Williams and his consultancy Axes & Eggs to offer a Blockchain, Cryptocurrency and Law (BC&L) Certificate.

The BC&L program, available in early 2019, is open to anyone with a bachelor's degree, and is tailored for law students, practicing lawyers (including in-house counsel), blockchain startup management, and "blockchain-adjacent" entrepreneurs and executives who provide services in the industry. It is also relevant for lawmakers and regulators and other professionals interested in securing knowledge in the legal implications of this emerging technology.

The BC&L program courses will be taught in an asynchronous environment, allowing working professionals to complete coursework at their own pace and on their own schedule. They will have the ability to access archived content, participate in group discussions, and take advantage of instructors' virtual office hours.

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The program consists of five courses which will subsequently qualify participants for certification. In addition to the required courses, a variety of electives will be offered in future semesters.

NITI Aayog Workshop on Best Practices in International Arbitration The NITI Aayog and ICC International Court of Arbitration organized the inaugural Training-cum-Brainstorming Workshop on Best Practices in International Arbitration in New Delhi on October 10.

Complementing ‘Make in India’ vision with ‘Resolve in India’, strong alternate dispute resolution mechanisms are important levers in encouraging the Ease of Doing Business and Ease of Living in India, it was discussed at the workshop.

NITI Aayog Workshop on Best Practices in International Arbitration. Photo: NITI Aayog

The workshop was inaugurated by the chief guest, Justice Arjan Kumar Sikri, Judge, Supreme Court of India, and was presided over by P. P. Chaudhary, Minister of State, Ministry of Law and Justice. Amitabh Kant, CEO, NITI Aayog was also present during the workshop.

The workshop is part of ongoing efforts to institutionalize and streamline dispute resolution to make India a hub for doing business. With government’s thrust on ‘Make in India’, it is

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important for investors, both domestic and international, to have faith in the dispute resolution mechanism in India.

In this regard, a well drafted dispute resolution mechanism and a comprehensive understanding of best practices and procedures would complement the initiative and give impetus to effective and timely enforcement of contracts.

The workshop covered basic concepts of international arbitration and included best practices on drafting of arbitration agreements, factors to consider when deciding on the seat, venue, institution, and governing law. It also covered topics related to the selection of arbitrators, enforcement of arbitral awards and the role of courts before, during, and after the arbitration.

The training-cum-brainstorming workshop is an important part of the ongoing endeavour by NITI Aayog in a cooperative setting to educate and prepare senior officers for global best practices and give them the opportunity to gain expertise in enhancing the ability to understand, review, revise, and draft arbitration related aspects of contracts.

India to Improve Legal Framework to Stop Sexual Harassment of Women The Government of India constituted a Group of Ministers (GoM) on October 24 to examine the existing legal and institutional frameworks for dealing with matters of sexual harassment of women at the workplace. The Group of Ministers will be chaired by the Union Home Minister Rajnath Singh. Its members are: -

Nitin Gadkari, Minister, Ministry of Road Transport & Highways

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Nirmala Sitharaman, Minister, Ministry of Defence

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Maneka Sanjay Gandhi, Minister, Ministry of Women & Child Development The Government says it is committed to ensure the safety and dignity of women in the workforce. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act is the key legislation for preventing and protecting women against sexual harassment in the workplace and to ensure effective redressal of complaints of sexual harassment.

The Ministry of Women & Child Development has also launched an Electronic Complaints Box that enables women, irrespective of their work

status, to raise their voice against sexual harassment at workplace. Once a complaint is

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submitted to the ‘SHe-Box’, it is directly sent to the concerned authority having jurisdiction to take action into the matter.

The Group of Ministers will, within 3 months of its constitution, examine the existing provisions for the safety of women and recommend further measures required to strengthen and make them more effective. ​Photo: Ministry of Women & Child Development

Judiciary Must Ensure Speedy Justice: Venkaiah Naidu The Vice President (VP) of India, M. Venkaiah Naidu, has said that the language used in the courts should be understood by the petitioners who are seeking justice. He was addressing the gathering after inaugurating the new building for Allahabad High Court, in Allahabad, Uttar Pradesh.

The Vice President of India, M. Venkaiah Naidu, unveiling the plaque for the new building for Allahabad High Court, in Allahabad, Uttar Pradesh on October 13, 2018. Photo: PIB

The Vice President told the judges and members of the Bar Association that while our Constitution envisages independence of judiciary from the executive, the Legislature and Judiciary should share healthy mutual respect and should complement each other.

He proclaimed that judiciary is a key pillar of our democratic polity and suggested that judiciary should strengthen ​democracy by ensuring speedy justice. He lamented that there was a huge

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volume of cases pending in Indian courts and recommended that courts must make use of innovative tools such as Lok Adalats, Gram Nyayalays, and Fast Track Courts for speedy justice disbursal.

The Vice President advised that the endless possibilities of information technology should also be fully exploited to make procedures more transparent and less cumbersome. He underscored the importance of the use of local languages in the procedures of courts in India for their easy comprehension by the common people.

Bangladesh Urged to Revise the Digital Security Act The Digital Security Act was signed into law in Bangladesh, despite wide-ranging concerns that its content and scope could seriously impede the exercise of the rights to freedom of expression and opinion, as well as the rights to liberty of the person and to due process of law.

OHCHR spokesperson Ravina Shamdasani. Photo: UN

The Act could have a severe impact on the work of journalists, bloggers, commentators, and historians but also penalizes the legitimate exercise of the right to freedom of expression by any other individual, including on social media.

The Act gives the police wide powers of search and arrest without warrant. Many of the offences in the Act are non-bailable. “This is of particular concern given concerns about due process in

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Bangladesh,” said Ravina Shamdasani, spokesperson for the UN High Commissioner for Human Rights (OHCHR).

The law as it stands does not meet Bangladesh’s obligations under the International Covenant on Civil and Political Rights, including provisions to respect and protect the right to be free from arbitrary arrest under Article 9; to protection from interference with privacy and correspondence under Article 17, and to freedom of opinion and expression under Article 19.

“We call on Bangladesh to urgently revise the Digital Security Act, to ensure that it is in line with international human rights law and that it provides for checks and balances against arbitrary arrest, detention, and other undue restrictions of the rights of individuals to the legitimate exercise of their freedom of expression and opinion. We stand ready to assist the Government,” the UN spokesperson said.

LAW EVENTS Advanced EU Competition Law, Brussels Conference The conference which will take place on November 20 and 21, 2018 at Brussels, Belgium will offer key updates in European competition law. It will include the analysis of recent policy developments, decisions, and investigations at EU and national level. The speakers from across the competition law world will discuss practical implications of the latest cases to help address current challenges.

Future Legal Technology Forum The event taking place on November 27 and 28, 2018 at London, UK, will focus on the possibilities of technology deployment in the legal industry. Decision makers and leading technology experts will participate in the forum to showcase the opportunities of law tech.

It will provide update on the recent adoptions of technology in the law industry, covering topics such as blockchain, artificial intelligence (​AI​), machine learning, and so on.

E-courts Improve Ease of Access to Justice: PM Modi The Prime Minister Narendra Modi addressed the Silver Jubilee Foundation Day function of the National Human Rights Commission (NHRC) of India in New Delhi on October 12.

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He said that in the last two and a half decades, NHRC has contributed to nation building, by becoming the voice of the deprived and the oppressed.

Narendra Modi launching the National Human Rights Commission Website, at the Silver Jubilee Foundation Day function of the National Human Rights Commission, in New Delhi on October 12, 2018.

Photo: PIB

He said that the protection of ​human rights has been an important part of our culture. Modi

added that after independence, elements such as an independent and impartial judiciary, an active media, an active civil society and organizations such as ​NHRC are in place to protect human rights.

The Prime Minister said that human rights should not be merely a slogan, but also a part of our ethos, adding that in the last four years or so, a lot of serious efforts have been made to improve the quality of life of the poor.

Modi said that the Government’s focus has been to ensure that all Indians have access to the basic needs of human beings. He said that the law which provides relief to Muslim women from triple talaq, is also part of this series of steps taken to ensure basic rights for people.

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The Prime Minister mentioned steps taken to improve ease of access to justice, such as increasing the number of e-courts, and strengthening of the National Judicial Data Grid. He described Aadhaar as a technology-based empowerment initiative.

Supreme Court Orders Inquiry Against CBI Director The Chief Justice of India (CJI) Ranjan Gogoi ordered on October 26 the Central Vigilance Commission (​CVC​) to complete the inquiry in 10 days for the allegations of corruption against CBI director Alok Verma, who was forced by the government to go on leave.

The CJI was hearing a petition filed by Verma through a senior lawyer Fali Nariman to challenge the government order. The court said that the probe will be conducted by an ex-Supreme Court judge AK Patnaik.

The court also ordered that the interim CBI director M Nageswar Rao will not take any policy decisions during the inquiry period and he will only handle the routine administrative work.

There will be no investigation against CBI special director Rakesh Asthana who had complained against Alok Verma. The next date of hearing is November 12.

Pro Bono Legal Help Needed to Stop Pollution in Delhi The dust and noise pollution in Delhi is increasing because of government’s ill-conceived floor area ratio (FAR) construction policy.

Deadly dust and noise pollution is caused by FAR construction in occupied cooperative group housing societies of New Delhi in India

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The FAR construction in occupied group housing ​societies – where millions of people live – is

spreading lethal pollution that is harmful to children, men, and women including senior citizens. This construction is supported by a criminal nexus between deep-pocket builders and corrupt politicians / government officials. The total corruption money involved in FAR construction in Delhi is thousands of crores of rupees.

As all attempts have failed to get the construction and pollution stopped, we need to approach the courts to seek justice and save the rights and lives of people who want to live in a clean, peaceful environment. Therefore, the legal community is urged to provide pro bono (free) legal help in this environment protection campaign. You can ​click here to study​ the case report.

Appeal for Donations RMN Foundation - the publisher of ​Legal Directions newsletter - is a humanitarian organization that was formed in May 2015 as an educational and public charitable Trust for

the benefit of humanity at large. It is registered with the Government of National Capital Territory of Delhi at New Delhi, India.

Currently, all the activities of RMN Foundation are being managed single-handedly (without any support) by RMN Foundation founder Rakesh Raman who had left his job a few years ago to run this charity.

As RMN Foundation has embarked upon some major humanitarian projects during the past over 3 years, now it needs a significant amount of funds in the form of ​donations to expand the scope of its activities.

Individual Indian donors can help RMN Foundation with their contributions using the following bank details: Bank Name: ICICI Bank Bank Branch: HL Square, Plot No. 6, Sector 5 (MLU), Dwarka, New Delhi 110 075 Account Number: 025005004368 Account Name: RMN Foundation Type of Account: Current IFSC Code: ICIC0000250

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UN Human Rights Chief Salutes Nobel Peace Prize Winners The UN Human Rights chief Michelle Bachelet says it is hard to imagine two more worthy winners of the Nobel Peace Prize than Nadia Murad and Dr. Denis Mukwege.

She said this is a richly deserved recognition of these two extraordinarily brave, persistent and effective campaigners against the scourge of sexual violence, and the use of rape as a weapon of war.

UN Human Rights Chief Michelle Bachelet. Photo: UN

“Nadia and Denis, I’m sure I speak for all human rights defenders, when I say we salute you,” Ms. Bachelet stated in her Facebook post. “You have fought for women who have suffered through sexual abuse to be recognized, and for their dignity to be restored. We need more people like you to stand up for the rights of women, for justice, for the rights of minorities, for the rights of everyone.”

The Norwegian Nobel Committee has decided to award the Nobel Peace Prize for 2018 to Denis Mukwege and Nadia Murad for their efforts to end the use of sexual violence as a weapon of war and armed conflict.

Nadia Murad is a Yazidi rights activist and the first Goodwill Ambassador for the Dignity of Survivors of Human Trafficking of the United Nations Office on Drugs and Crime (UNODC).

Denis Mukwege is a gynecologist who helps victims of sexual violence in the Democratic Republic of Congo (DRC).

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The Integrity Bulletin Launched to Cover Corruption Issues The humanitarian organization RMN Foundation – in collaboration with the Centre for Transparency and Accountability in Governance (CTAG), National Law University (NLU) Delhi – has launched ​The Integrity Bulletin​ content project.

The monthly ​newsletter covers local and international corruption news and issues to engage with different stakeholders who are trying to combat corruption.

The inaugural October 2018 issue of ​The Integrity Bulletin carries a range of reports about

corruption in India and abroad. It invites anti-corruption organizations, social activists, professionals, and experts to support this anti-corruption activity.

World Business Law Conference The ICC Institute of World Business Law, which works closely with the ICC International Court of Arbitration, is composed of a Council of 37 members from 18 countries.

Its members include professionals or academics in international business law or international commercial arbitration, as well as over 250 other members from around the world.

The ICC Institute organizes its annual conference on business law. The 38th annual conference will be held in Paris on November 29. It is stated to be an occasion for legal experts to deliberate on a topical issue and contribute towards reflection on new practices in international arbitration.

Write for Legal Directions Newsletter

RMN Foundation has launched ​Legal Directions which is a monthly newsletter on Indian and

international legal affairs. Currently, the newsletter project is being managed by Mr. Rakesh Raman who is a national award-winning journalist and founder of RMN Foundation.

Legal Directions i​ nvites legal professionals, advocates, teachers, and students to contribute their editorial articles for the newsletter. You may please submit the articles with your brief profile to Mr. Rakesh Raman (Email: contact@rmnfoundation.org). Students from all across the world are also invited to ​participate​ as volunteers in this project.

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Meet the Editor

The editor of this newsletter ​Rakesh Raman is a national award-winning journalist and social activist. Besides working at senior editorial positions with leading media companies, he was writing an exclusive edit-page column regularly for The Financial Express (a daily business newspaper of The Indian Express Group).

Nowadays, for the past over 7 years, he has been running his own global news services on different subjects. He also has formed a free Education and Career Counselling Center for deserving children at a poor J.J. Colony in Dwarka, New Delhi under his NGO – RMN Foundation.

He is running a community-driven free online social service under the banner “​Clean House​” to help the suffering residents of Delhi raise their voice against the growing corruption and injustice in group housing societies where millions of people live. He edits ​The Integrity Bulletin newsletter​ which covers corruption issues in India and abroad.

Earlier, he had been associated with the United Nations (UN) through United Nations Industrial Development Organization (UNIDO) as a digital media expert to help businesses use technology for brand marketing and business development.

Contact

Rakesh Raman Founder RMN Foundation 463, DPS Apts., Plot No. 16, Sector 4 Dwarka, Phase I, New Delhi 110 078, India Contact by email