I feel India needs to strengthen its banking laws senior adv speech

SPEECH OF P.WILSON MP SENIOR ADVOCATE ON NEED FOR GLOBAL LAWS FOR GLOBAL ISSUES ORGANISED BY BAR COUNCIL OF INDIA AT Bar Council

of India’ International Lawyers conference 2023

Hon’bleJustice Sanjay Kishan Kaul, Hon’ble Justice MM Sundaresh, Hon’ble Justice Beela trivedi , Hon’ble Judges, distinguished speakers, guests, ladies and gentlemen, press and media, Vannakam!

It is my immense pleasure to join you for the Bar Council of India’s International Lawyers’ Conference 2023 – and a privilege indeed to address the first technical session alongside Hon’ble Judges, eminent dignitaries and my distinguished colleagues at the bar. I thank BCI Chairman Mannankumar Mishra and BCI Vice Chairman Prabhakaran for giving me this opportunity to speak in this elite gathering.

Human civilization is about to enter a period of profound technological advancement. The era of Artificial Intelligence is well and truly upon us. When such a civilisational transformation occurs, law has to keep pace with it. I think the evolution of law has had two or three such moments where it has been forced to evolve rapidly in response to a particular human activity. For example when the internet connected the whole world, we had to strengthen legal framework to meet the challenges it brought. Industrialisation brought with it challenges of environmental degradation. We had to address that issue through a global law because of the trans boundary harm that pollution brings.

Artificial intelligence technologies including machine-learning techniques and automated decision-making systems are  expected to bring a wide array of economic and societal benefits in many sectors. Companies that are developing these emerging technologies have a responsibility to ensure their products are safe. These commitments, which the companies have chosen to undertake immediately, underscore three principles that must be fundamental to the future of AI – safety, security, and trust- and mark a critical step toward developing responsible AI.

The government has to have a draft policy guidance to ensure the development, procurement, and use of AI systems safeguarding the people’s rights and safety

Friends judiciary started using AI.

I was present in SupremeCourt when constitutional bench headed by Hon’ble CJI was hearing a case. Hon’ble Justice Sanjay Kishan Kaul is also part of the bench. Chief Justice was telling Mr Kabil Sibal that all the arguments are typed with the help of AI and end of the day it will be circulated among advocates for their approval. That how the AI is now used in judiciary. Hereafter you can’t escape from court after making your arguments. It will be recorded. Our new Parliament Building is adopting advanced AI systems.

Friends India is a leading country in entire global in the field of Artificial intelligence and is holding the president post in the Committee of AI.

AI is introduced in very many fields in India. In health, agriculture, etc However, the risks  posed by these new technologies, especially for human rights and fundamental freedoms – including with   regard to discrimination, data protection and privacy – have to be deliberated. The laws on AI is different in each country. India is yet to legislate on it. Data protection act how far it will support has to be seen.

Given the prevailing circumstances, the requirement of having a unified global legal framework has increased. International Law can be nothing more than a set of basic universal concepts for the realization of global legal rights. It cannot be a parallel legal system to nations’ domestic law. Each country will have its own laws and ways of dealing with issues. So we cannot thrust on countries a system of law. But there are certain fundamentals we can ensure compliance.

In areas relating to human rights, taxation, arbitration, climate change, banking law, we must come together to set a base from which nations can model their national laws. Take for example environmental law. Sustainability, polluter pays principle and inter generation equality must be the key philosophies that form the basis of the laws of all countries.

In arbitration, we must do more to ensure smooth enforcement of foreign awards in all jurisdictions. That is key to success of international arbitrations. I am sorry to say that in India, we have not yet come to a stage where we enforce foreign awards with the speed and zeal that is required. Often Indian courts sit in judgement over foreign award. Foreign awards are always looked at with suspicion. There is a feeling as if we lose the superiority of Indian laws and courts if we enforce foreign awards. That has to change. Similarly, when it comes to anti suit injunctions granted by foreign jurisdictions. It becomes a question of “us versus them”. It somehow becomes a question of dominance. It should not be looked at through the lens of how can a court or tribunal in London or Singapore injunct an Indian court? We should instead look at these issues as if the global legal system is one interconnected machine, where each part is doing a separate job. IF we enforce foreign awards efficiently, our awards and orders will be followed and enforced in their jurisdiction. That is also key to making India a hub for arbitration.

I would also like to focus today on the emergent need of a strong, predictable, reliable Global framework for preventing Human Right Violations of Minorities and safeguarding their rights through effective implementation of Anti- Discrimination Laws.

The pressing issue amongst all issues is the Human Rights Violations across the world. Even though UDHR has inspired a rich body of legally binding international human rights treaties that continues to be an inspiration to us all in addressing injustices, in times of conflicts either cross boundary or within a territory, we have witnessed gross abuses. Time has come where all states must stand in solidarity against such human rights violations happening in any part of the world.

A glance of multiple reports released by the UN would reveal that the worst sufferers of the Human Right Violations are the Minorities of the World. The term “minorities”, refers to members of the four categories which are national, ethnic, religious and linguistic minorities as  set out in the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.

The right to equality and non-discrimination is at the heart of minority rights. The realization of the rights of national, ethnic, religious and linguistic minorities necessitates effective protection and fulfilment of the right to non-discrimination. As such, the enactment, enforcement and implementation of a comprehensive anti-discrimination law is essential if States are to fulfil their obligations to respect, protect and fulfil the rights of minorities.

The prohibition of discrimination inheres within minority rights. All States must ensure that all aspects of the right to non-discrimination are effective in their efforts to guarantee minority rights. This includes ensuring that laws, policies and practices do not discriminate directly or indirectly against members of minority communities while enabling them to enjoy their cultures, professing or practising their religions or use of their languages.

We understand that finding a uniform baseline for individual freedoms is tough across the globe. Each country’s society, culture and traditions dictate their interpretation of freedoms. However, we must all understand that in today’s global civilisation, the right to free speech, movement, marriage, self determination, sexual orientation must be inalienable and guaranteed.

States do not meet their international legal obligations by simply defining and prohibiting discrimination: they must also, among other things, adopt positive measures designed to accelerate progress towards equality for those subjected to historic disadvantage or otherwise unable to participate on an equal basis.

States’ efforts should include and go beyond countering prejudice, stereotypes, and stigma if they are to uphold their commitments and keep their promises to end discrimination and ensure equality of participation. The emphasis should be on actively fostering equitable, varied, and inclusive societies as well as aggressively combating harmful social forces.

Similarly, I feel India needs to strengthen its banking laws to keep pace with the global trends of crypto currency and block chain technologies. Right now, we have stopped with the taxation of these transactions, I foresee that in the future these types of currencies will become mainstream in other countries. We must put in place the foundational building blocks now itself so that we are not caught by surprise at a later point in time. I don’t think there is any use in resisting technological advancements such as these because they will inevitably grow.

I once again thank the Bar Council especially the Chairman Mr. Mannan Kumar Mishra and vice  Chairman Mr. Prabhakaran for having given me this opportunity and I look forward to hearing the other speakers and panelists throughout this conference. Thank you.