INTRODUCTION

Globalization, whether technical, political, or economic, has ushered in a new era in international commerce, with countries participating more actively and having better access to domestic economies. The previous ten years have seen a mini revolution in the legal services industry, with the most significant legal influence on the corporate legal arena. Before the 1990s, project finance, intellectual property protection, environmental protection, competition law, corporate taxation, infrastructure contracts, corporate governance, and investment law were all but unknown. There were also a restricted number of law firms capable of handling such job.

Even while globalisation is not new, it is gaining traction in the legal services sector as a result of the Internet's growth, the automation of legal processes, advances in data security, and emerging technology solutions. It is apparent that the legal services industry has a huge demand for professional services.[1]

India has been working to liberalise its legal services market, allowing foreign law firms and lawyers to do business in the country. India's portion of the global services trade would benefit from more global integration in the legal profession.

A few Indian companies have established subsidiaries in other countries, such as the United Kingdom and the United States. Similarly, after liberalisation, international firms and attorneys would be able to open branches in India, hire Indian lawyers, form partnerships with Indian firms, and provide legal advice on foreign law, among other things.

WHAT IS GLOBALISATION?

The term "Globalisation" refers to the rising interdependence of the world's economies, cultures, and populations, as a result of cross-border trade in commodities and services, technology, and investment, people, and information flows. Over many years, countries have formed economic alliances to enable these flows. Globalization's far-reaching consequences are complicated and politically fraught. Globalization, like other great technological developments, benefits society as a whole while damaging specific sections. Understanding the relative costs and benefits can pave the road for problems to be solved while the larger payoffs are maintained.[2]

It entails the emergence of networks and hobbies that reconfigure social, financial, and geographical constraints. Globalization tries to build links in such a way that activities in India can be determined by looking at activities that are taking place far away.

Globalization has led to the acceleration of actions and exchanges (of people, products, and services, capital, technology, and cultural practises) throughout the globe. One of the consequences of globalisation is that it encourages and will continue to encourage contacts between diverse locations and populations around the world.[3]

CHANGING NATURE OF LEGAL PROFESSION

Globalization has resulted in a significant shift in international trade, with an increase in the number of interactions and involvement from other countries, as well as more access to domestic services. The legal sector in India has altered dramatically, and a lot has changed. In the 1990s, corporate legal operations in project financing, intellectual property protection, competition law, and other areas were almost unknown. The number of lawyers practising in this subject was small at the time. However, as a result of globalisation, a revolution has occurred, and the demand for specialists in the aforementioned industry has risen.[4]

Globalization has a wide range of effects on the legal profession. It promotes international trade and commerce by making it easier to move capital, labour, goods, and services across national borders, thereby accelerating the economic process, and they are looking for qualified legal experts.

Lawyers today earn significantly more money than in the past, but they also have a massive workload. Today's law students are educated and equipped to meet the demands of this fast-paced world, in which efficient work and mastery in one's profession are the most important prerequisites.

EFFECT OF GLOBALISATION ON THE LEGAL INDUSTRY

A decade ago, international legal corporations springing up in a new space would simply compete with native companies' international activities. However, because local law firms are unable to compete on an equal footing, a similar worldwide business is now competing with domestic law firms for local work. As a result, local legal firms are gradually losing ground to their international competitors. Technology has had a significant impact on the legal profession. Social media is altering client connections, while data management solutions are increasing customer engagement and lowering expenses. The balance of power is shifting in favour of buyers as a result of these advancements. The adoption of global norms in professional liability, ethics, and equality policies has come from the economic process. To meet the needs of global clients and stay relevant in the global marketplace, legal firms are becoming increasingly attuned to global practises.[5]

Legal firms are embracing globalisation by combining with larger competitors, making acquisitions, and forming strategic partnerships. The web explosion, legal process automation, and new technology tools are all driving this economic uptick. As law firms seek to grow their presence globally, the economic process has the potential to transform the legal industry's landscape in the coming years.

The government of India has issued guidelines for the formation of legal services in the country, as well as its position on foreign lawyers practising in India and forming law firms if they are qualified under the Advocates Act.

The Supreme Court of India recently imposed restrictions on the operation of law firms and practises in India but allowed international lawyers to visit India on a fly-in, fly-out basis to assist clients.[6]

In a nutshell, a visit by a foreign lawyer on a fly-in, fly-out basis may be considered legal practise if it occurs on a regular basis. The term 'practise' may not cover a casual visit for the purpose of delivering advise. Whether a visit is casual or often enough to be considered practise is a reality that must be decided from circumstance to situation. In this regard, the Bar Council of India or the Union of India are free to make appropriate rules. The Hon'ble Apex Court, on the other hand, allowed foreign lawyers to conduct arbitration proceedings in international commercial arbitration disputes if they followed the Indian legal profession's code of conduct.[7]

Many countries, such as Singapore and China, have liberalised their legal services industries. As a result, fly in/fly out isn't a comprehensive answer. The Supreme Court, in my opinion, might have adopted a more pragmatic approach to the situation. Several observers believe that the Supreme Court's ruling may hurt India's chances of attracting foreign investment, because wealthy and sophisticated investors want high-quality legal services. While the judgement does not permit legal sector globalisation for the time being, it does place the onus on the government to do so.

Virtual law companies are becoming more common. Legal professionals can now work remotely from home or a virtual law office thanks to mobile devices and internet technology. Virtual law offices allow for more flexible working hours and a better work-life balance for legal professionals. Furthermore, because of the virtual world's convenience, buyers can obtain expert legal services from anywhere in the world.[8]

Within the legal arena, the Legal Method Outsourcing sector (LPO) is another embodiment of economic process. In the 1990s, business process Outsourcing (BPO) grew in popularity, with organisations outsourcing facility accounting and IT tasks to BPO firms. LPO stands for "business technique outsourcing," in which large legal firms create offshore operations in more cost-effective places in order to save expenses, increase flexibility, and expand capabilities.[9]

CONCLUSION

Globalization has changed the rules of the game, making it necessary for the legal profession to reflect on where it is today and where it is headed as it prepares for a more interconnected world. To bring about the necessary institutional reforms and evolution of laws, legal systems in various countries have to learn from one another.

There are numerous laws in society that require expert guidance and legal knowledge, which can only be filled when a lawyer with the necessary expertise is available. We don't only need lawyers, judges, or jurists; we want them to be well-versed in the knowledge and expertise that will aid the globalisation revolution. The issues posed by globalisation can only be overcome if our legal education system adopts a multipurpose, multidisciplinary approach. A smart lawyer considers all of the case's political, societal, and technological components.Only by producing hardworking, dedicated, passionate, skilled law professionals who are adaptable to reformations will we be able to improve our position in this changing global legal world.

Globalization brought about a revolution in global exchange, with increased participation and involvement of countries and more access to domestic economies. The equal at the felony provider quarter had both quantitative and qualitative implications. In the past decade, there has been a mini revolution in the felony provider sector, with the most felony impact on the business felony arena. Prior to the 1990s, activities in project finance, intellectual property protection, environmental protection, opposition regulation, corporate taxation, infrastructure contracts, corporate governance, and funding regulation were almost unknown. The number of law firms capable of dealing with such works of art has dwindled.Globalization has as a result improved the inner and outside call for felony services. Today in felony services, is on inevitable fact. At the equal time good sized for innovative improvement of felony career in India within side the generation of Globalization.

(The blog is authored by Arya Panda, Student of ICFAI University, Dehradun)

 

BIBLIOGRAPHY

·         Websites:

1.       https://www.mondaq.com/india/management/696680/globalisation-of-legal-services-and-indian-perspective (Last visited on 26.09.2021)

2.       https://www.piie.com/microsites/globalization/what-is-globalization (Last visited on 26.09.2021)

3.       https://www.legalserviceindia.com/legal/article-4503-effects-of-globalization-on-legal-profession-in-india.html (Last visited on 27.09.2021)

4.       https://blog.ipleaders.in/globalization-effects-legal-profession/ (Last visited on 28.09.2021)

5.       https://www.ijcrt.org/papers/IJCRT2010110.pdf (Last visited on 28.09.2021)

6.       https://thepractice.law.harvard.edu/article/indian-legal-profession-age-globalization/ (Last visited on 28.09.2021)

7.       https://clp.law.harvard.edu/assets/Shroff_Blue_Paper.pdf (Last visited on 28.09.2021)


 INTRODUCTION

“Death must be so beautiful. To lie in the soft brown earth, with the grasses waving above one’s head, and listen to silence. To have no yesterday and no tomorrow. To forget time, to forget life, to be at peace.”- Oscar Wilde[1]

India is well-known for its diversity and land of multiple tolerance towards different paths of religion. The 42nd Amendment of 1975 added the ‘secular’ to the Preamble of the Indian Constitution, with reference to the case of Indra v. Rajnarayan 1975[2] where the Supreme Court emphasised ‘that state shall have no religion of its own and all persons of the country shall be equally entitled to the freedom of their conscience and have the right freely to profess, practice and have the right to freely profess, practice and propagate any religion. Being secular country multiple religions are followed and practised, and in every religion after the demise of a person certain age-old ritual or custom is being practised to depart the soul in peaceful way. So, for example: Hindu religion has its huge practice of AsthiVisarjan mainly a typical tolerance and adherence is observed for specific days, in which the remaining ashes and few scattered bones are collected then dipped in the Holy river Ganga. Covid-19 broke out world-wide making matters worse which resulted in the huge thrown away of dead bodies in the water bodies like rivers especially Ganga, only because of the terror of getting infected by corona disease. This abnormal behaviour of the people is been force the NHRC (National Human Rights Commission) to take major steps and adhered to bring out solutions.[3]

ARTICLE 21 and its Ambit covering Right to Decent Burial:

Article 21 of the Indian Constitution lays down, “No person shall be deprived of his life or personal liberty except according to a procedure established by law”. In the case of Francis Coralie Mulin v. The Administrator (1981)[4], Justice P. Bhagwati emphasised that Article 21 ‘embodies a constitutional value of supreme importance in a democratic society’. In addition to this Justice Iyer gave a unique interpretation to Article 21 by laying as ‘the procedural Magna Carta protective of life and liberty’. Article 21 has two elements of right to life and right to personal liberty. Hence, Article 21 is the valve of the Indian Constitution. It is the most authentic and original form of evolving according to the changing environment. [5] Right to Privacy of Dignity and Fair treatment, The Right to Decent Burial, and many other encompassing rights.

Article 21 not guarantees numerous rights to a person but also assures rights even after death too. The Right of Cremation with Proper Respect and Dignity has been added to Article 21 by the revision of different High Courts of India under the umbrella of Article 21, so that there can proper respect to be paid to the departing soul and not of throwing away the dead bodies in a mad manner. This can be referred to the cases of:[6]

1.     Kharaksingh V. Uttar Pradesh (1962),[7] here in this case Article 21 was extended by including Right to Life with Human Dignity.

2.     Common Cause (registered society) v. Union of India,[8] Article 21 has been vested with rights of people so in this case it was proposed that there should be right even after death which stands as that after death the person is to be buried in a dignified manner.

3.     AshrayAdhikarAbhivan v. Union of India[9], in this case Right to Decent Burial has been recognised as the most key factor that the respect and uprightness should well-protected and upheld.

It is also on the part of the Government to preserve and conserve the rights and integrity of the departed soul, if any infringement or mishap practised with the dead bodies that should strictly looked upon State firm actions should be taken into it.

RECENT JUDICIAL PRONOUNCEMENTS:

The break out of covid-19 has led to the severe disasters in the whole world, and this has generally made people to have in an insane manner. The dead bodies infected with corona were disposed in a crooked way like throwing into the rivers or dumping them anyhow, severe violation of the Article 21 has been caused dishonouring people after their death is basically the infringement of rights. Owing to such circumstances the government and WHO (World Health Organisation) clarified that the virus cannot spread from dead bodies. There are recent judicial decisions delivered in relation to the Right to Decent burial:

1.      Pradeep Gandhy v. State of  Maharashtra[10], a petition was filed in Bombay demanding the creation of separation ground for the proper disposal of the dead bodies during the pandemic of corona, the High Court dismissed the petition and said that due to the crisis people died out of the infection would not be provided with such benefits otherwise they would have been. The Madras High Court in the case of High Court on its own motion v. State of Maharashtra, cautioned and command the locals for not disposing the bodies properly.

2.      Vineet Ruia v. the Principal Secretary, MOHFW, Govt. of West Bengal[11], the Calcutta High Court urged that Article 21 of the Indian constitution is applicable to both living people and dead bodies too. “ Even in death, human bodies are not being treated with the dignity they deserve”

INDIAN PENAL CODE:

1.      Section 297- Article 21 grants rights to the departed person too which also protects them from trespass committed on burial sites. This may led to imprisonment provided accordingly, which may be of one year extension as per the description mentioned of, fine may be also imposed or it can be both.

2.      Section 404- If there is any fraud conducted in the property matters of the demised one during the period of his/her death then the imprisonment may extend to three years along with fine.

3.      Section 499- This section generally deals with the defamation case. If anything spoken, written, signed, published or imputation made against a deceased person then the imprisonment may extend to two years with fine.

4.      Section 503- It is engaged with Criminal intimidation. If any person tries to coerce to destroy the reputation or property of any deceased person, the imprisonment may extend to two years with fine.

THOTA (The Transplantation of Human Organs and Tissues Act of 1994)- This Act generally protects the deceased persons organs from being getting transplanted or corrupted without the prior permission.

INTERNATIONAL COVENANT’S PROTECTION OF RIGHTS:

1.      The fourth Geneva Convention 1949 (GCIV) in which Article 16 para 2 lays down as that effective action is to be taken mandatorily if any mishap conduct is practised with deceased people. Article 130(1) ensures that it is the utmost duty of the States to look into the graves of the demised ones to take care of it, maintenance and other needs.

2.      Cairo Declaration of Human Rights in Islam, 1990- Article 3(a) emphasises that in case of armed conflict disfiguring of dead bodies are strictly not to be entertained.

3.      UN Commission on Human Rights in 2005, declared that there should be a proper etiquette to be developed while handling dead bodies it should be marked with utter respect and dignity.

CONCLUSION:

Irrespective world-wide large diversity with thousands of religious beliefs practised treating the departed soul with dignity is very common with them. But in the pandemic out of fear many mishandlings with deceased has been practised at large. This would eradicated with the help of proper administration rules and guidelines. The government need to do the necessary to prevent inappropriate disposal of the bodies in rivers by providing all the needed amenities.Let’s adhere to Oscar Wilde’s quote, let the death be so beautiful, let’s make a collective effort to protect their fundamental Right, let’s not deny the Right to a decent burial.

“This blog is authorized by SWAGATIKA BEHERA, student of KIIT UNIVERSITY”



[1]The Canterville Ghost - page 13, http://www.wilde-online.info/the-canterville-ghost-page13.html (last visited Sep 9, 2021)

[2]AIR, S.C 2299

[3]Rights beyond grave : Right to a decent burial - iPleaders, https://blog.ipleaders.in/rights-beyond-grave-right-to-a-decent-burial/ (last visited Sep 10, 2021)

[4]1981 AIR 746

[5]Puneet Kaur Grewal, Honour Killings and Law in India, 5 IOSR Journal of Humanities and Social Science 28–31 (2012)

[6] Ibid 3.

[7] 1963 AIR 1295, 1964 SCR (1) 332

[8]Important Judgment of the Supreme Court of India | National Human Rights Commission India, https://nhrc.nic.in/press-release/important-judgment-supreme-court-india-1 (last visited Sep 11, 2021)

[9]Enhanced Reader

[10]Pradeep Gandhy And Others v. State Of Maharashtra And Another | Bombay High Court | Judgment | Law | CaseMine, https://www.casemine.com/judgement/in/5eda42039fca197cd939e489 (last visited Sep 11, 2021)

[11]Vineet Ruia Vs. The Principal Secretary, Ministry Of Health & Family Welfare And Ors On 16 September, 2020 - Legitquest, https://www.legitquest.com/case/vineet-ruia-v-the-principal-secretary-ministry-of-health-family-welfare-and-ors/1CD31E (last visited Sep 11, 2021)

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The gender ratio in India is around 48%. Even after being the second most populous country in the world and with such gender ratio; Women barely constitute 7 percent of the total sanctioned strength of judges in all the 25 high courts across the country[1].  Out of around 1080 judges in all the 25 High courts around the world only 80 are women and rest are all male. Interestingly, there is no woman judge in the Patna, Meghalaya, Manipur, Tripura and Uttarakhand high courts. These numbers are abysmal. Even after 75 years of independence, the number of female judges working at the top judicial courts is definitely low. Today out of 34 judges only 4 are female in the Supreme Court of India i.e. Justices Indira Banerjee, Hima Kohli, BV Nagarathna and Bela M Trivedi.

Why we don’t have equal representation of women?

In India equal representation of women is enshrined under Article 14 of the constitution, which ensures that no person should be discriminated on any grounds. But this provision is just a symbolic feature of the constitution, but the ground reality is very different.

When it comes to equal representation of woman in judiciary, the number is very low as discussed above. There are social and psychological factors behind the same. Our society is patriarchal in spirit and women are supposed to take care of the household and are believed to be naive and emotional. Times changed and women started working in each and every domain, but the mentality did not change. In an interview senior Supreme Court advocate Meenakshi Arora talks about her personal experience as a female advocate. She mentioned that once a woman has reached the top levels in the profession, she has to work even harder to avoid any slip up. “One small mistake, and the males in the profession immediately turn around and say, ‘ye to aurat hai [she is a woman, after all”. [2]

It is also presumed that women are soft spoken and are not aggressive in nature but when they show anger, they are being called by names. Former Delhi High Court Chief Justice A.P. Shah recalls having once recommended a woman lawyer as a judge, but she was rejected apparently because she was ‘rude’. “If a male lawyer replies in a certain manner to a judge, it is usually taken in the stride. But if the same things were to be said by a woman, it becomes a topic of discussion for the bar or bench, and not in a pleasant way,” he says.[3]

Senior advocate Indira Jaising observes, “There is a live and kicking patriarchy that prevents women from breaking the glass ceiling. The entrenched ‘old boys’ club mentality makes it harder for women to lobby for judicial posts[4]

Gyan Sudha Misra J. in an interview said, “I guess lack of faith and belief in the abilities of women is still rooted in society and more so in the male psyche and we prefer to have their token presence, especially in the higher judiciary, more for the sake of symbol rather than their equal participation[5]

Why we need more female judges?

Article 217 and 124 of the Constitution of India, deals with the appointment of judges at High Court and Supreme Court respectively.  These provisions do not discriminate on the basis of caste, creed, domicile or gender of the judges to be appointed. But from time to time, the Government of India and the Supreme Court itself have been insisting on giving weight age and consideration to deserving candidates among women also, while making recommendations for the appointment as judges[6].

Justice Indu Malhotra in her farewell speech addressed this issue by stating that “society benefits when gender diversity is found on the bench”. [7] Equal representation of women at high judicial levels reflects the sense of justice and equilibrium among the judges. When parties see equal representation of women in a court, it gives them a sense of confidence; it also enhances the legitimacy of the courts.  

Victims, especially of sexual harassment feel more confident when there are good numbers of female judges at the bench as it is believed that female judges would be more empathetic towards such victims. These things improve the quality of judgment passed by the courts. In a case related to sexual harassment, Madhya Pradesh High Court asked a 26-year-old man, accused of molesting a woman, to get a ‘rakhi’ tied by her on the day of Raksha Bandhan.[8] Senior advocate of Supreme Court, Aparna Bhat and eight other women advocates filed a Special Leave Petition against this judgement. Supreme Court quashed the judgement and issued certain guidelines for the lower courts. Such judgements are really concerning as it reminds us the need of more female judges. Although the mere presence of female judges does not guarantee justice but the callousness and lack of empathy depicted in the judgements like the one above could significantly reduce.

According to Advocate Nappinai, the presence of more women as judges is important not because they are more empathetic compared to men. “Empathy is gender neutral,” she said. She wants to have equal representation of women because she wants women judges to be less apologetic. She said, “Their conduct appears to indicate that they are probably being more cautious and more fearful merely because they are women.”[9]

Judge Vanessa Ruiz, mentioned that “we do, after all, live our lives as women, with all the social and cultural impacts women face, including complex family relationships and obligations. Women judges bring those lived experiences to their judicial actions, experiences that tend toward a more comprehensive and empathetic perspective- one that encompasses not only the legal basis for judicial action, but also awareness of consequences on the people affected”.[10]

Present scenario and a way forward

The appointment of a female Chief Justice of India (CJI) is a matter of debate right now. Justice B.V. Nagarathna, is in the line to become the first female CJI in 2027 for around 36 days. But here the question arises, would the appointment of a female CJI, suffice the purpose. Simply inducting a woman CJI would not absolve the judiciary from the responsibility and accountability it holds. Reorientation and ground- level changes are required to convert the rosy picture into reality. We should bear in mind that seeing the first Woman Chief Justice would be an overwhelming moment for India. But this should be treated as a beginning to see changes that must be brought and not as the final goal. [11]

Recently Chief Justice of India Justice NV Ramana stated that after years of suppression, equality is the right of women and it is not mere a charity. CJI supported 50% reservation of women in judiciary and in law schools. There is a need to strongly recommend supporting the demand for some percentage reservation in all law schools in the country," CJI NV Ramana said while addressing the women lawyers of the Supreme Court.[12] If such reservation is provided, it would definitely help to improve the female representation at judicial level.

Proper laws should be made for the protection of female judges and advocates; which would ensure their safety and protect their dignity in court rooms. Certain steps should be taken to enhance the partition of women in judiciary and for that incentives should be given to female judges. Frequent transfer of female judges should be avoided so that they can continue with their work without any hesitation.

Moreover the perspective regarding women should be changed because without that any effort made by the government would be just be on papers. People should understand that female lawyers and judges are no less capable than their male counterparts. It can be seen that major judgements passed by the Supreme Court had female judges in its bench, who gave their equal contribution towards the development of laws.

These small steps would make a big difference in the society and would result into overall upliftment of women in India.

This blog is authored by Arya Sharma, 2nd year student at Hidayatullah National Law University, Raipur


[1]https://www.nationalheraldindia.com/india/women-account-for-7-percent-of-judges-in-25-high-courts-government-tells-lok-sabha

[2] https://www.theweek.in/theweek/cover/gender-discrimination-in-judiciary.html?fb_comment_id=958691684232353_973745722726949

[3] Ibid 2

[4] https://www.theguardian.com/global-development-professionals-network/2017/mar/09/indira-jaising-india-is-in-crisis-this-fight-is-going-to-go-on

[5] https://www.theweek.in/theweek/cover/gender-discrimination-in-judiciary.html?fb_comment_id=958691684232353_973745722726949

[6] https://www.hindustantimes.com/cities/chandigarh-news/more-women-judges-needed-in-judiciary-101623059014130.html

[7] https://www.indiatoday.in/india/story/supreme-court-justice-indu-malhotra-retires-farewell-speech-women-judges-lawyers-1778742-2021-03-13

[8] https://thewire.in/law/madhya-pradesh-high-court-bail-raksha-bandhan

[9] https://www.shethepeople.tv/home-top-video/lack-of-female-representation-in-higher-judiciary/

[10] https://www.unodc.org/dohadeclaration/en/news/2019/01/the-role-of-women-judges-and-a-gender-perspective-in-ensuring-judicial-independence-and-integrity.html

[11] https://www.probono-india.in/blog-detail.php?id=200

[12] https://www.indiatoday.in/law/story/cji-nv-ramana-calls-for-50-per-cent-reservation-for-women-in-judiciary-1857433-2021-09-26

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