About IJALR

It is an International, Quarterly, Peer-Reviewed, an online journal which provides an interactive platform for the publication of Short Articles, Long Articles, Book Reviews, Case Comments, Research Papers, Essays in the field of Law. It is a platform to promote legal research among the law students across India.


What you will learn

1. How did the need for evidence law emerged?

2. Importance of the evidence law

3. Applicability and purpose ( Substantive v. Procedural)

4. Interpretation clause

5. Relevancy, Admissibility and Reliability

6. Cardinal principles of evidence act ( Rule of best evidence, Exclusion of hearsay evidence, Primary over secondary evidence, Documentary over oral evidence, Special powers of the court)

7. Ideal approach for studying this subject

8. Conclusion


Speakers

Ms. Somya Goel, Assistant Legal Counsel at Tech Mahindra & Ms. Shelly Singh, Lawyer

 

Method of Learning

This course has Live Sessions.

Certificate

All the participants will be given an e-certificate after the successful completion of the course.

Duration

20th August- 21st August 2022 i.e. 2 Days

Eligibility

This Course is for students & Professionals

Perks:

1.    Live Sessions

2.    Certificate of Appreciation

3.    Lecture Series of Around 5 Hours.

4.    Access to Internship Directory.

 

Course Fee

The course fee is Rs. 100/- (Non-Refundable)

Last Date for Registration

August 19, 2022


Mode of Payment

Participants can make payments through the following method.

Google Pay/Phone Pay/ Paytm- 9991140223

UPI- jainaarjav4@oksbi

After the payment, all participants need to upload screenshots of the same while registration.


How to Register

Participants have to pay via the above-mentioned payment method and then register themselves through the registration link given below:

https://docs.google.com/forms/d/1InrB3TIwJ6rsftpHJrLYRhzJ5I39dqwLbB625YXQqLA/edit

For more queries, you can mail at ijalrcourse@gmail.com 

 

 

INTRODUCTION

Human rights are the inherent and inalienable rights that everyone is entitled to and is the fundamental right that can be accorded to an individual. Even Article 1 of the Universal Declaration of Human Rights (1948) says All human beings are born free and equal in dignity and rights”.[1] Further Article 2 of the Universal Declaration of Human Rights (1948) says “Everyone is entitled to all the rights and freedoms outlined in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or another opinion, national or social origin, property, birth or another status. Furthermore, no distinction shall be made based on the political, jurisdictional, or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing, or under any other limitation of sovereignty.” [2]Taking these provisions on a broader note, an individual’s right to seek asylum also comes into the picture because it has been witnessed since time immemorial how people are persecuted and massacred owing to different factors due to which, people resort to seeking asylum in a foreign country for which, ‘Right to seek Asylum’ is an important element of an individual’s human right.

Recently, “UK and Rwanda have signed an MOU regarding the outsourcing of the immigrants/asylum seekers from the UK to Rwanda for which, the UK has claimed that initial assistance of 120 million pounds would be made to Rwanda for the settlement of the asylum seekers in the host country and this settlement will last for 5 years further which can be renewed upon mutual agreement.”[3]

 

TERMS OF THE AGREEMENT

Under the UK-Rwanda agreement, the asylum seekers would be deported to Rwanda on aircraft carriers and other necessary escort facilities would be provided by the UK for which, initial financial assistance of 120 million pounds would be made by the said country. But before this exportation, the UK will make a pre-screening test as a part of its protocol to garner and make a database of the information received from the asylum seekers and the country will have to transfer all such information to Rwanda for the settlement and rehabilitation of the asylum seekers. After the deportation is done, Rwanda will have to make settlements of the ‘Asylees’ (the one who seeks asylum), provide basic amenities and day-to-day utilities, and provide useful employment, medication, and other things in conformity with the international laws and conventions[4].

To make it simpler, Rwanda will also have to make its separate database to tally and resettle the asylum seekers efficiently. Even if an individual is not to be tallied as an ‘Asylee’, he/she would be provided with the necessities and proper medication and then may be sent back either to the UK or his/her native country. Also, if a legal claim has been made up against the UK regarding the deportations made under the agreement, then the UK can ask Rwanda for any information as may be required to which, Rwanda will be bound to make it.

 

RAMIFICATIONS OF THE AGREEMENT

The UK government has claimed that such an agreement has been signed to curb 2 things- Firstly, the illegal immigration of asylum seekers from neighboring countries and, secondly, to curb the illegal trafficking of such immigrants when they resort to illegal deportation without any authorization. However, such tall claims made by the government do not appear to be in the right place and cannot take the right direction for there are multiple issues that the country and most importantly, the asylees can face. Firstly, if the asylees are deported to an African nation that is itself facing human rights issues, the chances of ‘Illegal Trafficking’ may increase which will ultimately make out this agreement to be futile in curbing the trafficking issues that are alleged to be witnessed by the UK.

Secondly, Rwanda even after witnessing a rapid economic and societal development after the 1994 Hutu-Tutsi faceoff, is according to the “Human Rights Watch’s World Report of 2022, still ingrained with various ‘basic economical and human rights issues’ like there is lack of quality education, the country is devoid of vast land for settlement purposes and primarily, the citizens themselves have not been and are not entitled basic fundamental rights and freedoms like freedom of speech and expression, freedom of expression, etc, due to which, cases of extrajudicial killings, political killings, arbitrary detention have become a new normal thanks to the tyrannical rule of the President of Rwanda, Paul Kagame.[5]It is ironic to see how the UK has, for the resettlement of the asylees, agreed with a country that is itself devoid of many facilities and basic human rights to which everyone is entitled.

Thirdly, since such an agreement has been entered into by a giant economic nation, it will have a ‘Precedent Effect’ on the other nations to pursue the same resettlement policy and such effect can be seen in the case of Denmark which is also embarking upon adopting such a policy and that too with Rwanda, making the “International Convention of Refugees (1951)” a repository of provisions for the rights of the refugees but no use.

Fourthly and most importantly, the agreement would come out to violate many International Treaties and Conventions and a few of them are- Article 33 of the UN Convention on Refugees (1951) says, No Contracting State shall expel or return ("refouler") a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.”[6]So the act of externalizing the asylees to a third country like Rwanda will lead to Refoulement which is against the principles and in violation of Article 33 of the Convention to which, the UK is a signatory.

This agreement is a blatant violation of Article 2 of the Universal Declaration of Human Rights (1948) since it says that no distinction shall be made based on the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty”.[7]This agreement is also a violation of Article 3 of the Convention against Torture and other Cruel, Inhuman, or Degrading Treatment and Punishment (1984)to which the UK is a signatory and which says, No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.”[8]Thus by this provision, the UK can flout another international convention. Although these are the International Treaties and Conventionsare not binding on either of the nations but through this agreement, the UK government has even flouted its statutory law- ‘The Immigration and Asylum Act (1999)’ which specifically entails a provision that the asylees can seek the asylum in the country and can also claim other assistances.

Fifthly, the asylees who after being unsatisfied by the deportation to Rwanda, can again go for their backdoor entry by crossing the English channel and making an illegal entry into the country with no legal permit and authorization, thus making the objective of the agreement to be futile.

 

CONCLUSION

The asylum agreement entered into between UK-Rwanda has serious ramifications be it economically, socially, or on the human rights basis. The agreement has so been criticized by the human rights watchdogs that the European Court of Human Rights had to intervene to ground the first deportation that was allowed to make its fleet on the 14th of June, 2022. Even if according to Article 14 of the Universal Declaration of Human Rights which says that Everyone has the right to seek and to enjoy in other countries asylum from persecution.”, an individual has the right to seek but not the ultimate right to have the asylum mandatorily, still it is the duty of any nation being a signatory of UDHR and as a matter of humanity and social values, the asylees need to get a place where they can resettle and live peacefully and the UK being an economically rich nation cannot ward off its duties to provide a place for resettlement since it can have a precedent effect on other nations and can prove to be catastrophic for the refugees worldwide.

Hence this agreement needs a revisit by both the nations and should come up with a proper and planned policy that can suit the nation as well as the asylees and for this, certain measures in the agreement can be included like a planned town in the outskirts of the cities of England can be provided to the Asylees having all the basic amenities and facilities in addition to the employment to them for their daily living and earning wages. In turn, the state can charge a reasonable tax on them from their wages to build a corpus fund for the asylees and their needs and by this, the asylees can in a period, get integrated with the main course of the cities and other institutions.

 AUTHORED BY: YASH SINGH, STUDENT AT CHANAKYA NATIONAL LAW UNIVERSITY


[2]Ibid

[4]Ibid

ABOUT THE VAKEEL SAHAB PRO

Vakeel Sahab Pro is an online Indian legal Portal founded in the year 2020, envisioned to empower the Lawyer's creed. 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.

Vakeel Sahab Pro is also registered as a NGO for the society welfare for various fields.

ABOUT THE PROGRAM

Vakeel Sahab Pro is organising this competition for the law students to show their knowledge and skills in counselling of clients.  In the field of law, students must know the technique and plan on how to conduct the interviewing session between client and advocate.

 

This opportunity will give a chance to students to experience and learn something new as a legal counsellor.

 

ELIGIBILITY

 

The competition is open for students pursuing three-year / five-year integrated law course from the recognized university.

TEAM

Each team should consist of a maximum 3 or minimum 2 members. [one client + two counselor or one client + one counselor]

Students can be from different institutions in a single team.

Each institute may enter this competition with a maximum of TWO teams.

 

LOCATION

Online - Google Meet

Note: No approval from the respective institute of the participants is required for participation.

 

REGISTRATION PROCEDURE 

Registration Fee: Rs 299 only (two hundred ninety nine Rupees).

The registration fees can be paid through Paytm, Phonepe, Amazon Pay, Google pay, to given mobile number – 8933948420

CLICK HERE TO REGISTER or

 click here https://docs.google.com/forms/d/e/1FAIpQLSf1jy2Eqaqn4VLwJxT_h_l4x8DfXocyVWiCDuKzSzpJ_3Qg5w/viewform?usp=sf_link

 

The registration fee shall be non-refundable and non-transferable in any circumstances.

After the payment all participants are required to upload screenshots of the same on the Google form given below while registering.

Only 30 teams will be allowed to register in the competition on first-come-first serve basis.

Once a team registers by completing the formalities given, a Team Code shall be assigned to the team.

 

THEME

The proposition for the 1st National Client Counselling Competition 2022, organized by Vakeel Sahab Pro, is based on Family Laws, Law of Crimes, Property Law and Torts.

 

DRESS CODE

All participants shall be in black and white formal wear (Indian or Western) for the duration of the competition. Use of Advocate’s Gowns, Bands and Robes is strictly prohibited.

 

FORMAT OF THE COMPETITION

1.    Each team will get one opportunity to represent them in the competition.

2.    Each team will get a total of 25 minutes. [ONLY FOR PRELIMINARY]

3.    Those 25 minutes are to be divided in two parts as follows:

 

i. First fifteen minutes are termed the “Client Consultation Period”. The participants are expected to extract the relevant information, make legal suggestions for its resolution, decide the fees of this case and satisfied the client.

ii.  Next five minutes are termed as “Post Consultation Period”, the advocates have to talk about their tactics, what they should do for clients and what documents they need from their client, etc. This is where judges will see the mindset, planning and skill of counselling of advocates.

iii.  It is at the discretion of the teams to decide who will speak what and about their roles.

iv. Next five minutes are for judges so that they can ask questions from the teams. [It depends upon judge’s discretion to question or not]

 

4      Counsel 1 and Counsel 2 will be the name of advocates during the sessions. Disclosing the name of the participating college to the judges will result in disqualification.

5      Advocates are required to elicit all relevant information from the client by interviewing or questioning the client and then counsel the client.

6      In every round there will be a new problem of proposition.

7      The highest scoring team among all the teams will be titled as the Winner.

8      During the consultation and post-consultation, the team may use books, notes and other materials.

9      Teams who will get maximum marks in every round will qualify for the next round.

REFER TO THE BROCHURE LINK AT LAST FOR MORE INFORMATION REGARDING THIS COMPETITION.

 

ROUNDS

There shall be three rounds of this competition and are as follows:

Preliminary Round- The problem is given in the brochure already.

Semi Final Round- Problem preposition will be given before 3 hours of the session to the counsellors

Final Round- New problem preposition will be given 60 minutes before the session.

JUDGING CRITERIA

Each participant shall be marked out with a maximum of 100 marks and every participant shall be judged for his/her performance(s) based on the criteria.

The following are the judging criteria:-

  1. ·       Establishing the working atmosphere
  2. ·       Listening
  3. ·       Identify of client's goals, expectations and requirements
  4. ·       Problems Analysis
  5. ·       Fees for client
  6. ·       Legal analysis and advice.
  7. ·       Conclusion
  8. ·       Briefing with co counselor in post – consultation.
  9. ·       Team work

 

PRIZES

1st Prize - 3000 Rs + Certificate of Excellence

2nd Prize - 2000 Rs + Certificate of Excellence

3rd Prize - 500 Rs + Certificate of Excellence

Best Client Role – 500rs + Certificate of Excellence

Top 10 teams will get a 40 % discount in any one upcoming event of Vakeel Sahab Pro.

Other top 5 teams will get one free publication on our website.

All the participants will receive a hard copy of certificate of participation who will participate at least in first round.

Three Performers of our choice participating in this event would be given a chance to Intern under Lexpeeps Most Prestigious "Legal Research Internship Programme".

 

Discount of 50% on MRP to Top 10 Performers on Lexpeeps Xcell Courses running at the moment or upcoming.

 

Discount of 60% on MRP to Best Client and Best Counselor on Lexpeeps Xcell Courses.

 

IMPORTANT DATES

Last date to register your team- 27 August 2022

Rounds will be held from – 28 August 2022

Result declaration – 02 September 2022

Dispatch of hard copy of certificates and perks – 10th September 2022

NOTE: THESE DATES ARE SUBJECT TO CHANGE.

 

CONTACT DETAILS

vakeelsahabpro@gmail.com

WhatsApp and Calling - +91 9792993436

 

IMPORTANT LINKS

Website – www.vakeelsahabpro.com

Official Link – Click Here or https://www.vakeelsahabpro.com/2022/07/1st-national-client-counselling.html

BROCHURE & PREPOSITION - CLICK HERE  OR https://drive.google.com/drive/folders/1c9X1PPghAS3GJFSpzw0nrfLTBouHt2SZ?usp=sharing

About the Journal (IJALR)

International Journal of Advanced Legal Research (IJALR) is an international, quarterly, peer-reviewed, online journal that provides an interactive platform for the publication of short articles, long articles, book reviews, case comments, research papers, and essays in the field of Law.

 

The primary objective of IJALR is to promote legal research among students across India through publishing their materials in the issues released quarterly as well as to enhance the skills of law students across India.

 

INDEXED AT MANUPATRA AND 10+ DATABASES

ISSN: 2582-7340

 

Call for Papers

The IJALR invites original, unpublished content from all academicians, authors, legal professionals and students across the globe, on any topic related to law.

 

Eligibility

Law students pursuing the five-year LL.B course as well as the three years course, Academicians, Students pursuing LL.M. or Ph.D., and Educators.

 

Submission Guidelines

·       > The manuscript shall be original work and unpublished.

·       > The manuscript should be in MS Word format.

·       > The body of the manuscript shall be in Times New Roman, font size 12, 1.5 Line Spacing. Footnotes should be in Times New Roman, size 10 single line spacing.

·       >  A uniform style of citation must be strictly adhered to while submitting the paper.

·       > Co-Authorship is permitted to a maximum of three authors.

·       > Full Names of all the author(s) must be given.

·       > Acceptance or rejection will be notified within 24 hours.

 

Word Limit (Including Footnotes)

·       > Short Articles: 1500-2500 words

·       > Long Articles: 2500-4000 words

·       > Research Papers: 2500-8000 words

·      >  Book Reviews: 1500-3500 words

·       > Case Comments: 1500-3000 words

Note: Abstract should be up to 300 words only.

 

Processing Charges (To be paid after acceptance)

For Indian Authors: INR 500/-

For Foreign Authors: $15

 

Note: There are no extra charges for Co-Author(s).

 

How to Submit?

All submissions must be mailed to ijalr.editorial@gmail.com.

 

The subject of the mail should be ‘Paper Submission’ along with a declaration to the effect that the Paper is an original work of an author and previously unpublished work of the author.

 

Submission Deadline

August 31, 2022

 

Certificate

An E-certificate of publication will be provided to the published Authors. Hard Copies of certificates and paper can be bought separately.


For Submission Guidelines click here