Subject: Law and Justice in a Globalizing World

LL.M Batch 2018-2019

A Project Report

COSMOPOLITANISM

Submitted by

PALLAVI ASHOK SIRPURAM (B008)

Under the Guidance of

PROF. SUNIL GEORGE

Specialization: Intellectual Property Rights.

Date: 15/09/2018

Signature:

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 ACKNOWLEDGEMENT

I would like to use this opportunity to thank my research mentor Prof. Sunil George
for his exemplary guidance, valuable feedback and constant encouragement
throughout the duration of the project. His valuable suggestions were of immense
help throughout the project and his positive criticism helped me polish my work and
bring out a better end product.

I would also like to thank my parents for their suggestions and feedbacks on the
rough drafts which helped in bringing out a better drafted work.

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 TABLE OF CONTENTS

S. NO. CONTENTS PAGE NO.

1. INTRODUCTION 4-5
2. LITERATURE REVIEW 6- 8
3. PRESENT STATE OF KNOWLEDGE 9
4.
CHAPTER I : COSMOPOLITANISM
1.1 COSMOPOLITANISM – IN GENERAL 15-26
1.2 MEANING
1.3 ORIGIN
1.4 FORMS OF COSMOPOLITANISM

CHAPTER II : RECOGNITION OF COSMOPOLITAN PRINCIPLES BY

INDIA – LEGAL ANALYSIS

2.1 SIGNIFICANT WITNESSING AREAS

2.2 ROLE OF JUDICIARY
5. CONCLUSION 27-28
BIBLOGRAPHY 29

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 INTRODUCTION

The way of living of an individual depends on the domicile where he or she is born and
accordingly every individual has different life experience. Where many of them who are born
in wealthier countries with sufficient source of income can enjoy decent nutrition, housing,
education, and health care while those born in poorest countries face high rate of poverty and
hardship, without minimal adequate provisions of life’s necessities. One may be condemned
to a fleeting and destitute existence simply by the morally arbitrary accident of birth location
and no fault of one’s own. Is anyone in the state responsible to resolve such problem? Is this
responsibility on a specific person or people at large or is this duty confined within associative
boundaries of communities or nations? What is the degree of this duty—how much help must
be given? To whom do duties belong? Theories of global justice seek to address these
questions.

Global Justice not only covers material and health deprivations but also human rights and the
operation and accountability of non-state global institutions such as the International Monetary
Fund, the World Bank, and the World Trade Organization.

Global Justice Theories can be classified into four main concepts: Realism, Particularism,
Nationalism and Cosmopolitanism.

The idea of “global justice” is controversial. Indeed, some theories deny altogether the
applicability of justice in the global realm. The list here is based on the different implications
of each concept on the existence, scope and assignment of global justice duties.

In this project the Fourth theoretical preposition of Global Justice namely;

COSMOPLITANISM will be dealt and discussed in depth.

Cosmopolitanism has surfaced from time to time, and has re-emerged as a consequence of the
globalization, nationalism, identity politics, migration and multiculturalism. Within the
International community cosmopolitanism has gained renewed interest as an alternative
approach to deal with many of the security threats of the contemporary world that cannot be

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solved within national borders, such as international terrorism, transnational crime, the
proliferation of small arms, light weapons and weapons of mass destruction, human rights
violations and so on. In order to come to terms with these and other problems and challenges
of global concern states have created cooperative arrangements and alliances that can be
regarded as modes of cosmopolitanism superseding the nation-state model.

The international organizations and various other regional arrangements, such as the United
Nations (UN), the European Union (EU) as well as a multitude of International Non-
Governmental Organizations (INGOs) and transnational networks – sometimes described as
cosmopolitan institutions– have attempted to address these security concerns. One example of
this type of “cosmopolitics” is the growing trend towards peacekeeping and peace enforcement
to deal with violent conflicts, gross human rights abuses and ethnic cleansing. These
developments have at times been referred to as cosmopolitan law enforcement and proactive
cosmopolitanism.

Thus, cosmopolitanism relevant to our global age is a starting point to build a sound and
politically robust conception of the proper basis of political community, and of the relations
among communities.

This Project is going to deal with the concept of cosmopolitanism, from where it originated in
first place, various forms of cosmopolitanism and lastly how far these cosmopolitan values are
inculcated and applied by India.

Well this project is only an initial step or process to identify the impact of Cosmopolitanism in
this Globalized world. Further it is still required to be analysed more because this is never
ending concept and has also become important in last few years so it still requires more research
and different perception.

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 LITERATURE REVIEW

1) Neha Mishra, Are foreign nationals entitled to the same Constitutional Rights as
the citizens of India?, ISSN: 2348-8212

In this paper, author has made efforts to bring out a clear distinction between rights
provided to the citizens of the country, and to the foreigners. For this, the concept of
citizenship has also been discussed. The author has majorly brought out the differences
as to the rights of the foreign nationals and citizens, and to provide justifiable reasons
for such a distinction. The author has concluded with the observation that there is
rational nexus on the basis of which differentiation has been made with an object, then
such differentiation is not discriminatory and does not violate the principles of the
Article 14 of the constitution. The constitutional rights provided to the non-citizens of
our country are sufficient for them to live their life with dignity and respect, and to get
justice in case of irrational discrimination being made on non-justifiable grounds.
Article 21, the most significant right of a person, is available to the foreign nationals in
the very similar manner as it is available to the citizens of our country. This shows that
on the one hand, the Indian Constitution restricts the non-citizens from enjoying certain
rights; on the other hand, they welcome them by extending to them all the human rights
that they deserve. All these points have been correctly brought out by the author.

However I feel, the author ought to have provided a legal analysis with recent
judgements which brings out the differentiations being made between citizens and non-
citizens and how such discriminations are justifiable.

2) Adam D. Etinson, Cosmopolitanism: Cultural, Moral, and Political, DOI:

10.1515/9783110245745.1.25
In this paper, the author has tackle the difficult and contested concept of
cosmopolitanism and has divided his paper into three parts. He has distinguished and
discussed between three main varieties of cosmopolitanism: cultural, moral, and
political. Further, relationship between moral and political cosmopolitanism and
cultural cosmopolitanism has been discussed.

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3) BROCK, G, Contemporary Cosmopolitanism: Some Current Issues,
ISSN: 1747-9991

In this article, the author surveys some current debates among cosmopolitans and their
critics by surveying some distinctions typically drawn among kinds of
cosmopolitanisms, before canvassing some of the diverse varieties of cosmopolitan
justice in . He explores positions on the content of cosmopolitan duties of justice,
especially the issue of whether the duties should focus on eliminating equality or some
other standard central to a decent life. Author analyses the position of egalitarian statists
who believe that state borders do mark off some relevant boundary which affects what
we owe one another. We then explore some common concerns about cosmopolitanism
-- such as whether cosmopolitan commitments are necessarily in tension with other
affiliations people typically have and how we should deal with issues concerning a
perceived lack of authority in the global domain and whether these can be addressed.
In Section 7, he has provided concluding remarks on future directions in these debates.

However, I feel the author should have covered questions as to how, if at all, does
equality matter at the global level? What kinds of reforms to our global and local
institutions do cosmopolitan concerns require? Do forms of coercion matter to the
nature of our duties to one another and if they do, how and why does coercion matter?
etc.

4) Shashi Motilal, Human Rights, Human Moral Obligations and Moral

Cosmopolitanism

In this article, the author has discussed the inter-relationship between Human Rights,
Human Moral Obligations and Moral Cosmopolitanism. The author explains the
concept of human moral obligation which in some form cuts across different traditions,
cultures and in general belief systems, that perhaps may be the first step towards a
moderate form of cosmopolitanism aiming at resolving problems of global justice in its
different aspects. Concept of human moral obligation shows great promise in achieving
this goal within a framework of multiple and diverse cultures and belief systems. The
author, has explained as to how human moral obligations if admitted will waive off the
need of recognizing human rights in form of legal rights. The author is of opinion that
to know and fulfil our human moral obligations is the need of the global human

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community and that is the point of an “unforced consensus” and that opinion if the law
of the land is in conformity with our human moral obligations it would not be unfair.
Where individuals fail to abide by their human moral obligations, legal rights could be
appealed to, to rectify the wrong done.

But however I am of the point that it is very difficult to make individuals fulfil their
global human moral obligations in this modern world where law of the land of the states
plays important role.

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 CURRENT STATE OF KNOWLEDGE

Cosmopolitanism is as a long-side lined concept recently reactivated. For various reasons,

cosmopolitanism is back. In most cases, the re-emergence of cosmopolitanism has been some
reasons for such arguments, since cosmopolitan orientations have tended to go with more
education, the opportunity to travel, and the prosperity, security and leisure which allow one to
cultivate a wider range of interests and experiences. While a growing awareness of common
risks, such as poverty, terrorism, climate change, is arguably fostering a sense of globally shared
future, many emergent issues, including human rights, are beyond the capacity of individual
states to control. Further, the economic and political processes of globalization and
regionalization, along with various perceived external challenges to national security are
increasingly impacting nation- states proposing for inculcation of cosmopolitan values.

Further, The UN’s member countries adopted the 2030 Agenda for Sustainable
Development and its 17 Sustainable Development Goals. On 1 January 2016, the 17 Sustainable
Development Goals (SDGs) of the 2030 Agenda for Sustainable Development which was
adopted by world leaders in September 2015 at an historic UN Summit officially came into
force. Over the next fifteen years, with these new Goals that universally apply to all, countries
will mobilize efforts to end all forms of poverty, fight inequalities and tackle climate change,
while ensuring that no one is left behind thereby incorporating a cosmopolitan account of global
justice. The Zero-based goals are recognizably cosmopolitan in form, since they suggest that
membership of social and economic groups or even states should not provide grounds for
differentiating the ambition for the goals as these goals are to be realized for all human beings.

In India, NITI AYOG, has taken up this initiative of monitoring, coordinating and ensuring
successful implementation of the 17 Goals as set out by the SDG.

Thus, currently cosmopolitanism and its values are being accepted and affected through
international organisations thereby leading to its revival in this shrinking world. India has taken
various steps in recent times to protect the rights of non-nationals and implement the initiatives
taken by UN thereby fulfilling its human moral obligations which is the basis of Moral
Cosmopolitanism.

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 CHAPTER I: COSMOPOLITANISM

1.1 COSMOPOLITANISM- IN GENERAL

Cosmopolitanism is the principle of global justice, that the duty to ensure fairness in the
conduct of social relations is not confined simply to nationals. The scope of justice in other
words knows no boundaries and that global justice emphasises that duties and responsibilities
exceed borders. In a world where poverty, global warming, depletion of fisheries and enormous
other inequalities coexist with huge concentrations of wealth, prosperity and affluence,
cosmopolitanism forms an important aspect for global social justice. Cosmopolitanism, in
various pretexts, finds expression amongst diverse groups with diverse political projects, across
continents and cultures, seeking to advance justice and improve the conditions for humans to
flourish.

Cosmopolitanism is essentially committed to these two central ideas: first, the equal moral
worth of all individuals, no matter what borders separate them from one another. Second, there
are some obligations that are binding on all of us, no matter where we are situated.

Cosmopolitanism is an age-old normative ideal which contends that all kosmopolitês, all
citizens of the world, share a membership in one single community, the cosmopolis, which is
governed by a universal and egalitarian law. This cosmopolitan notion of a common humanity
translates normatively into the idea that we have moral duties towards all human beings since
“every human being has a global stature as the ultimate unit of moral concern. Through a
multiplicity of differences we find a shared language of principle and hope, or at the least,
toleration for the beliefs of others that we may fail to understand. Thus, in cosmopolitanism we
find seeds of equality and peace, as well as an ethical paradigm of global distributive justice
that contests the prevailing realities of this twenty-first century’s poverty, war, oppression, and
radical religious fundamentalism.

Cosmopolitanism is largely shaped by the desire to explore the moral and political implications
of increased interdependence in an age of globalization. Cosmopolitanism at its best is an

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understanding that a range of cultural traditions can have an effective conversation among
themselves and even if their beliefs are different they can through those dialogues those
dialogues and conversations negotiate a framework of human values that are equally beneficial
to each of those cultures and societies.

Thus, cosmopolitanism in general, is an ideology by which every person is seen as citizen of

the world.

1.2 MEANING:

Cosmopolitanism literally means a belief in cosmopolis or “world state”.

Cosmopolitanism does not have a unified definition of the, since its meaning and definition
and descriptions differ among contemporary writers and theorists both in favor of and opposing
it. However, in rather general terms, cosmopolitanism is a concept that tends to recuperate a
form of universalism, which is based on a notion of shared belonging or shared responsibilities
and challenges conventional notions of ethnic, racial, and national belonging and identity.

Cosmopolitanism is, at heart, the use knowledge of wide range of cultural diversity and
differences to adduce from it political, ethical and aesthetic principles for responsibilities and
obligations as a “world citizen”. It is to try from that, to understand what it would mean to be
part of your own country’s productive transformation and at the same time have that kind of
citizenly commitment, obligation and responsibility to issues which go beyond national
sovereignty and territoriality which are extraordinarily important for issues like problem of
water, the problem of world health, the problem of world justice, etc.

A person who adheres to cosmopolitanism in any of its form is called a cosmopolitan.In short,
a cosmopolitan is one who is considered a citizen of the universe rather than belonging solely
to such smaller categories as race, ethnicity, village, city or even nation.

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 1.3 ORIGIN:

The term ‘Cosmopolitan’ is a French word ultimately derived from Ancient Greece.
It has double roots: ‘cosmo’ and ‘polis’. Pythagoras used ‘kósmos’ to indicate that there is order
in the world. The second part is ‘polis’ which means “city” or “city-state” and also implies
individual membership in that political community.

Cosmopolitanism can be traced back to Diogenes of Sinope who coined the term cosmopolitan
almost two and a half thousand years ago. When asked where he came from, instead of
answering that he was from Sinope or Athens, the ancient Cynic is reported to have answered:
“I am a kosmopolites [a citizen of the world]”

According to Conversi, the idea that the whole universe is one’s city and therefore, one belongs
to the entire world was first introduced by the Stoics in about 300 BC (Conversi 34-39). The
Stoic thinkers believed that man is a rational agent and has certain inalienable and common
rights and citizenship in a shared Kosmopolis.

1.4 FORMS OF COSMOPOLITANISM:

a. MORAL COSMOPOLITANISM:

Moral cosmopolitanism holds that all persons stand in a certain moral relation to each other. We
are required to respect one another’s status as ultimate units of moral concern – a requirement
that imposes limits on our conduct and, in particular, on our efforts to construct institutional
schemes. The crux of the idea surrounding moral cosmopolitanism is that each human being has
equal moral worth and that equal moral worth generates certain moral responsibilities that have
universal scope.

For our purposes, Stoicism is relevant for its offering of the core concept of moral
cosmopolitanism: the equal and fundamental moral status of all individuals, regardless of race,
creed, ethnicity, origin, or geographic location.

Moral cosmopolitanism is an idea of a common humanity, within which ethical sensibilities

are expanded to embrace all people in the world.
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Moral cosmopolitanism has its critics. Trouble appears when we ask what moral
cosmopolitanism requires. For example, it does not say anything about the content of global
political justice. And it does not commit itself in favour of a world government or a sovereign
global authority. The basic insight that all human beings owe each other equal moral
consideration has obvious bearings on the shape of domestic and international institutions.

Moral Cosmopolitanism is the view which affirms the equal moral worth of each individual
person regardless of differences of sex, race, caste, religion, nationality or any other form of
group membership below the class of all human beings. Moderate Moral Cosmopolitanism is
defined as the view which asserts both that there are basic obligations that each of us must
recognize toward all other human beings, and that particular affiliations – to family, nation,
state, and so on – give rise to special duties. The concept of human moral obligation which in
some form cuts across different traditions, cultures and in general belief systems may perhaps
be the first step towards a moderate form of cosmopolitanism aiming at resolving problems of
global justice in its different aspects. Thus, in my opinion the concept of human moral
obligation shows great promise in achieving this goal within a framework of multiple and
diverse cultures and belief systems.

b. POLITICAL COSMOPOLITANISM:

Political cosmopolitanism has traditionally been associated with the ideal of a world state
encompassing all persons.

Political cosmopolitanism means “committed to a concrete political ideal of a global order

under which all persons have equivalent legal rights and duties – are fellow citizens of a
universal republic”. Conceptual definitions, terms of art, can be quite arbitrary anyhow. It is
more useful to amplify the definition of political cosmopolitanism once we acknowledge the
variety of manners in which moral cosmopolitanism can be institutionalized or politically
implemented.

Political Cosmopolitanism is based on two ideals, institutional realization of equivalent legal

rights and duties for every person on the planet, on the one hand, and the ideal of universal
citizenship in a world republic, on the other. Stated as such, neither of these ideals (separately
or together) fully defines the enterprise of political cosmopolitanism as I have characterized it.

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As I said above, it constitutes merely one avenue along which to pursue the political
implementation of moral cosmopolitanism. If the complete set of legal rights and duties that
apply to every person in the world is to be exactly the same in all respects, then this ideal would
be too demanding. It would rule out any special legal obligations which might incur towards
local forms of authority (i.e., our nation of birth) and thereby rule out the possibility of a
multinational global political order that might nevertheless realize certain cosmopolitan ideals.
If, on the other hand, this universal set of equivalent rights and duties constitutes only a minimal
set (i.e., of human rights) on top of which we might pile further rights and obligations, then this
could be one way of capturing the common project of political cosmopolitanism, which is
concerned with the concrete implementation of a global order that takes equal account of the
interests of all human beings.

Political cosmopolitanism is committed to a concrete political ideal of a global order under

which all persons have equivalent legal rights and duties – are fellow citizens of a universal
republic.

c. CULTURAL COSMOPOLITANISM:

Cultural cosmopolitanism stays closest to the meaning of the term in common parlance.
Cultural cosmopolitanism begins by taking the eclectic, idiosyncratic, culturally mixed-up (i.e.,
cosmopolitan) lifestyle with which we have become so familiar in modern times, and affirms
this as both a possible and fulfilling way of life.

By affirming our capacity as individuals to live well in the world by forming imitation identities
that draw from cultures as dissimilar or as odd as we like, cultural cosmopolitanism is a
challenge to those strands of liberal thought that defend the importance of rootedness in a single
culture for individual well-being and autonomy. It envisions human beings not as rigidly
determined products of culture – irrevocably cast into a given cultural mould from birth – but
as agents free to roam the earth and assemble (or reassemble) for themselves a unique cultural
concoction by choice or by chance. Essential to this idea is the ability of persons to converse
and connect across cultures; there must be a common human capacity or set of capacities – for
language, thought, communication, etc. – that facilitates such cultural transaction. At the same
time, culture itself must be something that can be ex-changed, altered, translated, or combined
in idiosyncratic configurations if we are to believe in the lifestyle of the cosmopolite. After
reminding us that this lifestyle is a viable option, the cultural cosmopolitan can’t help but also

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remind us of the ubiquity of cultural change, interchange, and the resulting indefiniteness of
cultural boundaries.

In this way, cultural cosmopolitanism moves from a claim about the self and the good life to a
claim about the nature, or fluidity, of culture in general. This is the notion that cultural
cosmopolitanism may be unavoidable in modern times, i.e., that it is the only possible and
fulfilling life choice we can make.

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 CHAPTER II:

RECOGNITION OF COSMOPOLITAN PRINCIPLES

BY INDIA – LEGAL ANALYSIS

Cosmopolitan principles are principles of a shared ‘humanity’, irrespective of social and

cultural characteristics. The interaction between state and a non-citizen as a human being
is one of the important concerns of cosmopolitan law.

I shall explain how far these cosmopolitan principles have been recognized by India through
following bifurcations. However, these are some arenas in which I have made bifurcations and
tried recognizing the cosmopolitan principles, lot of research needs to be done as to other arenas
in which it can be observed how India has recognized the cosmopolitan principles.

India, to some extent has fulfilled these human moral obligations which is the basis of moral
cosmopolitanism by protecting the basic human rights of non- nationals, by providing asylums/
shelter over the years to Tibetans, the Chakmas of Bangladesh, Afghans and ethnic Tamil
refugees from Sri Lanka who arrived in waves from the 1980s, international environmental
obligations and so on.

I) SIGNIFICANT WITNESSING AREAS:

 Protection of Rights of Foreigners [Non-Citizens]

As earlier stated, Cosmopolitanism is the ideology that all human ethnic groups belong to a
single community based on a shared morality. The idea is like that expressed in the idea of
‘Vasudaiva kutumbakam’ (the whole world is a single family).

The concept of human moral obligation which in some form cuts across different traditions,
cultures and in general belief systems may perhaps be the first step towards a moderate form
of cosmopolitanism aiming at resolving problems of global justice in its different aspects.

The Indian Laws provide non-citizens with the basic human rights, which they deserve which
are also mentioned in Universal Declaration of Human Rights and belong to every person
irrespective of their nationality, race, caste or sex, being a non-citizen of the country.

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The Constitution of India, under various Articles expresses the basic values held by the people
of India. It is the most elaborate form of document of laws in world, constituting laws, so
meticulously framed, that it does not harms the human rights of any person, whether citizen or
non-citizen, residing within the territory of India. The constitutional rights provided to the non-
citizens of our country are sufficient for them to live their life with dignity and respect, and to
get justice in case of irrational discrimination being made on non-justifiable grounds. These
rights given to the foreign nationals, such as right to equality before law, right to protection of
life and personal liberty, are those rights which every ’person’ deserve, irrespective of his
nationality and where he/she is residing, as in accordance with the Universal Declaration of
Human Rights.

The Fundamental Rights which is Chapter- III of the Indian Constitution, lists several rights
available to all persons of Indian soil irrespective of their nationality i.e. it accords rights to
Indian citizens as well as non- nationals. Certain such rights given to foreign nationals, by the
Indian Constitution are:-

Article 14- right to equality before law and equal protection of laws

Article 20- right to protection in respect to conviction for offences.

Article 21- right to protection of life and personal liberty.

Article 21A-right to elementary education

Article 22- right to protection against arrest and detention in certain cases.

Article 23- prohibition of traffic in human beings and forced labour

Article 24- prohibition of employment of children in factories etc.

Article 25- right to freedom of conscience and free profession, practice and propagation of
religion.

Article 26- right to freedom to manage religious affairs

Article 27- right to freedom form payment of taxes for promotion of any religion.

Article 28- right to freedom from attending religious instructions or worship in certain
educational institutions.

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In India, these rights are not reserved for any individual group or community, and is applicable
to each and every ‘person’ residing on the territory of India.

In Indian context, the Indian Constitution which deals with the fundamental rights in its part 3,
gives every citizen 6 basic fundamental rights, which are only for its citizens. However , except
for article 15,16, 19,29 and 30, and the right to vote and constitutional posts, every right given
in the part 3 of the constitution of India is available to the noncitizens, or is available to every
‘person’, irrespective of his/her nationality, and not specifically to the citizens.

Apart Constitution of India, The Passport (Entry of India) Act, 1920, The Passport Act, 1967,
The Registration of Foreigners Act, 1939, The Foreigners Act, 1946, and The Foreigners
Order, 1948 are special enactments having provisions for non-nationals.

India being signatory to the Universal Declaration of Human Rights, has taken great precaution
to be in accordance with norms and guidelines laid down by the declaration. The rights given
to us in the fundamental form, in part 3 of the constitution, similar to a maximum extent as that
to the provisions of UN declaration of Human Right. Another such declaration for human rights
in civil and political issue is the International Covenant on Civil and Political rights. India has
ratified the International Covenant on Civil and Political rights and the International Covenant
on Economic, social and cultural rights on March 27, 1979. Various rights given in the
international covenant for civil and political rights have been recognized in the Indian
constitution in part 3 of the constitution. They may also be called the “specified” fundamental
rights because they mentioned in the constitution by particular names.

A comparison of our fundamental rights enshrined in part 3 of the constitution of India, with
the Human Rights Declaration and the covenant on Civil and Political rights, show clearly, that
India has successfully followed the norms laid down in both the declarations, and has provided
to its citizens and non- citizens basic human rights.

 HOME FOR REFUGEES

India's multi-ethnic, multilingual and relatively stable society has often made it a natural
destination for people fleeing persecution and instability in their own countries. India is packed
with one of the largest refugee population in the world.

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India in the past has invariably provide refuge to the people fleeing from countries like Tibet,
Bangladesh, Sri Lanka and Afghanistan who are either forced to leave their countries of origin
due to internal or external conflict, political persecution or human rights infringements. India
has time and again fulfilled its moral obligation by providing hospitality as a moral
cosmopolitan right to Refugees in this evolving world of international human rights and
protection of vulnerable people.

The Indian Constitution ensures certain fundamental Rights are available to refugees as well
as they also fall under the ambit of foreigners. Accordingly, all the rights as listed above that
are available to Non- Nationals are available to refugees as well.

In absence of any specific piece of Legislation in India dealing with Refugees, they fall under
the purview of the legislative framework that addresses all foreigners in India.

In 2016, the Government of India approved a number of facilities aimed at easing difficulties
faced by minority communities — Hindus, Sikhs, Buddhists, Jains, Parsis and Christians — of
Afghanistan, Bangladesh and Pakistan staying in India on Long Term Visas. They were
allowed to open bank accounts, purchase property for self-occupation and suitable
accommodation for carrying out self-employment, take self-employment, and obtain driving
licences, PAN cards and Aadhar numbers. Free movement of such persons within the state or
Union Territory in which they are staying, transfer of visa papers from one state to another,
and the waiver of penalty on non-extension of short-term or long-term visas on time, were
among other facilities that were allowed.

 INTERNATIONAL ENVIRONMENTAL OBLIGATIONS:

India, by becoming a signatory to an international environmental instrument, commits to its

adherence and compliance at the national level.

As early as 1939, India ratified the 1933 London Convention Related to the Preservation of
Fauna and Flora in their Natural State. In 1952, it ratified the 1951 Rome International Plant
Protection Convention.

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To fulfil international obligations resulting thereby, Article 253 of the Constitution enables
the Indian Parliament to enact laws in this regard. Article 253 reads:

‘Notwithstanding anything contained in the foregoing provisions of this chapter, Parliament

has the power to make any law for the whole or any part of the territory of India for
implementing any treaty, agreement or convention with other country or countries or any
decision made at any international conference, association or other body.’

Indian Parliament enacted the 42nd Constitutional Amendment Act whereby specific
provisions for environment protection were inserted in the form of Fundamental Duties and
Directives Principles of State Policy.

1. Article 48(A) imposes a constitutional obligation on the state to protect and improve
the environment and safeguard the forests and wildlife of the country.
2. Article 51(A) (g) imposes a constitutional obligation on the citizens of India to protect
and improve the natural environment, including forests, lakes, rivers and wildlife and
to have compassion for all living creatures.

Indeed, it would be no exaggeration to comment that Article 48(A) and 51(A)(g) laid down
the foundation for sustainable development by outlining a blueprint of social and economic
betterment and by providing guidelines for protection and improvement of the environment.

Not only that, prominent environmental laws viz. the Water Act (1974), the Air Act (1981) and
the Environment Protection Act (1986) were also enacted in pursuance of the powers conferred
by Article 253 of the Constitution, mainly to implement the decisions taken at the Stockholm
Conference in 1972. The Air (Pollution Control and Prevention) Act, 1981. India has shown
its commitment towards air pollution control, reduction in emission of greenhouse gases and
reduction in use of ozone-depleting substances, either by freezing their production or by
phasing them out. The Central Pollution Control Board (CPCB) plays an important role in
laying down emission standards of various kinds. Besides strengthening the Air Act, 1981 and
the Motor Vehicle Act, 1988, the government must enact new legislations in this field, as
international pressure for compliance mounts.

To supplement such efforts, the Public Liability Insurance Act was enacted in 1991 and the
National Environment Tribunal Act was brought into force in 1995. While the former focused

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on strict liability as against the age-old practice based on the Ryland v. Fletcher rule; the latter
with suo moto power provided relief, compensation and restitution to victims of accident while
handling hazardous substances and for environmental damages. Non-compliance of the
Tribunal’s directions or orders was made punishable with imprisonment upto three years, and
a fine of Rs. 5 lakh which could extend upto Rs. 10 lakh or both.

 OTHER INITIATIVES TAKEN BY INDIA

The UN’s member countries adopted the 2030 Agenda for Sustainable Development and its 17
Sustainable Development Goals. On 1 January 2016, the 17 Sustainable Development Goals
(SDGs) of the 2030 Agenda for Sustainable Development which was adopted by world leaders
in September 2015 at an historic UN Summit officially came into force. Over the next fifteen
years, with these new Goals that universally apply to all, countries will mobilize efforts to end
all forms of poverty, fight inequalities and tackle climate change, while ensuring that no one is
left behind thereby incorporating a cosmopolitan account of global justice. The Zero-based
goals are recognizably cosmopolitan in form, since they suggest that membership of social and
economic groups or even states should not provide grounds for differentiating the ambition for
the goals as these goals are to be realized for all human beings.

In India, NITI [National Institution for Transforming India] AYOG, has taken up the initiative
of monitoring, coordinating and ensuring successful implementation of the 17 Sustainable
Development Goals as set out by the UN in its 2030 Agenda for Sustainable Development.

II) ROLE OF JUDICIARY:

Time and again judiciary of India has played a key role in upholding the Fundamental Rights
of Non- Nationals be it in the form of Foreigners or Refugees.

Some of the landmark judgements in which the Supreme Court has recognized and conferred
protection of Human Rights as part of India’s human moral obligations towards Non- Nationals
are discussed herein below.

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i) THE CHAIRMAN, RAILWAY BOARD & ORS. VS. MRS. CHANDRIMA DAS & ORS.

DECIDING AUTHORITY: Supreme Court

DATE OF JUDGEMENT: 28/01/2000
CITATION: (2000) 2 SCC 465
BENCH: R.P.Sethi, S.Saghir Ahmad

Facts:
Hanufa Khatun, a Bangladesh National at the relevant time was the elected representative
of the Union Board. She arrived at Howrah Railway Station on 26th February, 1998 at
about 14.00 hours to avail Jodhpur Express at 23.00 Hours for paying a visit to Ajmer
Sharif. With that intent in mind, she arrived at Calcutta on 24th February, 1998 and stayed
at a hotel at 10, Sudder Street, Police Station Taltola and came to Howrah Station on the
date and time aforementioned. She had, however, a wait listed ticket and so she approached
a Train Ticket Examiner at the Station for confirmation of berth against her ticket. The
Train Ticket Examiner asked her to wait in the Ladies Waiting room. She accordingly came
to the ladies waiting room and rested there. At about 17.00 hours on 26th February, 1998
two unknown persons (later identified as one Ashok Singh, tout who posed himself as a
very influential person of the Railway and Siya Ram Singh a railway ticket broker
having good acquaintance with some of the Railway Staff of Howrah Station) approached
her, took her ticket and returned the same after confirming reservation in Coach No.S-3
(Berth No.17) of Jodhpur Express. At about 20.00 hours Siya Ram Singh came again to her
with a boy named Kashi and told her to accompany the boy to a restaurant if she wanted to
have food for the night. Accordingly at about 21.00 hours she went to a nearby eating house
with Kashi and had her meal there. Soon after she had taken her meal, she vomitted
and came back to the Ladies Waiting room. At about 21.00 hours Ashoke Singh along with
Rafi Ahmed a Parcel Supervisor at Howrah Station came to the Ladies Niwas before
boarding the train. She appeared to have some doubt initially but on being certified by the
lady attendants engaged on duty at the Ladies Waiting Room about their credentials
she accompanied them to Yatri Niwas. Sitaram Singh, a khalasi of electric Department of
Howrah Station joined them on way to Yatri Niwas. She was taken to room No.102 on the
first floor of Yatri Niwas. The room was booked in the name of Ashoke Singh against
Railway Card pass No. 3638 since 25th February, 1998. In room No.102 two other persons

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viz. one Lalan Singh, Parcel Clerk of Howrah Railway Station and Awdesh Singh, Parcel
Clearing Agent were waiting. Hanufa Khatun suspected something amiss when Ashoke
Singh forced her into the room. Awdesh Singh bolted the room from outside and stood on
guard outside the room. The remaining four persons viz. Ashoke, Lalan, Rafi and Sitaram
took liquor inside the room and also forcibly compelled her to consume liquor. All the four
persons who were present inside the room brutally violated, Hanufa Khatun, it is said, was
in a state of shock and daze. When she could recover she managed to escape from the room
of Yatri Niwas and came back to the platform where again she met Siya Ram Singh and
found him talking to Ashoke Singh. Seeing her plight Siya Ram Singh pretended to be her
saviour and also abused and slapped Ashoke Singh. Since it was well past midnight and
Jodhpur Express had already departed, Siya Ram requested Hanufa Khatoon to accompany
him to his residence to rest for the night with his wife and children. He assured her to
help entrain Poorva Express on the following morning. Thereafter Siyaram accompanied
by Ram Samiram Sharma, a friend of Siyaram took her to the rented flat of Ram Samiram
Sharma at 66, Pathuriaghata Street, Police Station Jorabagan, Calcutta. There Siyaram
raped Hanufa and when she protested and resisted violently Siyaram and Ram Samiran
Sharma gagged her mouth and nostrils intending to kill her as a result Hanufa bled
profusely. On being informed by the landlord of the building following the hue and cry
raised by Hanufa Khatun, she was rescued by Jorabagan Police.”

Main Contentions: The only question argued before us was that the Railways would not be
liable to pay compensation to Smt. Hanuffa Khatoon who was a foreigner and was not an
Indian national. It was contended by the learned counsel appearing on behalf of the
appellants, that Smt. Hanuffa Khatoon was a foreign national and, therefore, no relief under
Public Law could be granted to her as there was no violation of the Fundamental Rights
available under the Constitution. It was contended that the Fundamental Rights in Part III
of the Constitution are available only to citizens of this country and since Smt. Hanuffa
Khatoon was a Bangladeshi national, she cannot complain of the violation of Fundamental
Rights and on that basis she cannot be granted any relief.

Held: Supreme Court upholding the decision of Calcutta High Court, on the basis of a writ
petition awarded a sum of 10 Lakh as compensation against the Railway Department, held
that offence of rape amounts to violation of fundamental right guaranteed to women under
Article 21 of the Constitution. It was held that the argument must also fail for two reasons;

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first, on the ground of Domestic Jurisprudence based on Constitutional provisions and
secondly, on the ground of Human Rights Jurisprudence based on the Universal
Declaration of Human Rights, 1948, which has the international recognition as the “Moral
Code of Conduct” having been adopted by the General Assembly of the United
Nations. Now, Smt. Hanuffa Khatoon, who was not the citizen of this country but came
here as a citizen of Bangladesh was, nevertheless, entitled to all the constitutional
rights available to a citizen so far as “Right to Life” was concerned. She was entitled to be
treated with dignity and was also entitled to the protection of her person as guaranteed
under Article 21 of the Constitution. As a national of another country, she could not be
subjected to a treatment which was below dignity nor could she be subjected to physical
violence at the hands of Govt. employees who outraged her modesty. The Right available
to her under Article 21 was thus violated. Consequently, the State was under the
Constitutional liability to pay compensation to her. The judgment passed by the Calcutta
High Court, therefore, allowing compensation to her for having been gang-raped, cannot
be said to suffer from any infirmity. The Appeal was dismissed.

ii. ISAAC ISANGA MUSUMBA AND OTHERS V. STATE OF MAHARASHTRA

AND OTHERS

Deciding Authority: SUPREME COURT OF INDIA

Date of Judgement: 19th June, 2013
Citation: 2014 SCC 15 3572013 SCC ONLINE SC 12512013 KERLT 3 102.
Judges: A.K Patnaik, Ranjan Gogoi

Facts: Petitioners are nationals of Uganda and filed writ petition Under Article 32 of the
Constitution praying for quashing of FIR No. 88 of 2013 registered on 19th April, 2013 at
MRA Marg Police Station, Mumbai in which they have been accused for offences Under
Sections 384, 441 and 120B, Indian Penal Code as a case of extortion against Isacc Isanga
Musumba, lawyer and senior Advisor to the President of Uganda (equivalent to the post of
a Minister), Mawanda Michael Maranga, Member of Parliament and Magoola Mathias, a
businessman from Uganda on the complaint received by Videocon officials. Following the
complaint, police seized the passports of the three Ugandans. The Counsel of the Ugandans
informed the Supreme Court that the petitioners came to India to settle the business dispute

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with Videocon in April 2013. The state government of Maharashtra filed a criminal case of
cheating against the three Ugandan citizens based on the complaint by Videocon.

Held: Unless property is delivered to the accused person pursuant to the threat, no offence
of extortion is made out and an FIR for the offence under Section 384 could not have been
registered by the police. If the accused persons have visited the premises of the
complainants to make a demand towards their dues, we do not think a case of "criminal
trespass" as defined in Section 441 IPC is made out against the accused persons.

Further, the Supreme Court quashing the FIR reiterated that the word 'person' in Article 21
is wide enough to cover not only citizens of this country but also foreigners who come to
this country. The State has an obligation to protect the liberty of such foreigners who come
to this country and ensure that their liberty is not deprived except in accordance with the
procedure established by law.

III. NATIONAL HUMAN RIGHTS COMMISSION VS. STATE OF ARUNACHAL

PRADESH & ANR.

DECIDING AUTHORITY: SUPREME COURT OF INDIA

DATE OF JUDGEMENT: 09/01/1996
CITATION: 1996 AIR 1234 1996 SCC (1) 742

BENCH: AHMADI A.M. (CJ), SEN, S.C. (J)

FACTS:

A public interest petition, being a writ petition under Article 32 of the Constitution, was
filed by the National Human Rights Commission (hereinafter called "NHRC") seeking to
enforce the rights, under Article 21 of the Constitution, of about 65,000 Chakma/Hajong
tribals. A large number of Chakmas from erstwhile East Pakistan (now Bangladesh) were
displaced by the Kaptai Hydel Power Project in 1964. They had taken shelter in Assam and
Tripura. Most of them were settled in these States and became Indian citizens in due course
of time. Since a large number of refugees had taken shelter in Assam, the State Government
had expressed its inability to rehabilitate all of them and requested assistance in this regard
from certain other States. Thereafter, in consultation with the erstwhile NEFA

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administration (North East Frontier Agency - now Arunachal Pradesh), about 4,012
Chakmas were settled in parts of NEFA. They were also allotted some land in consultation
with local tribals. The Government of India had also sanctioned rehabilitation assistance @
Rs.4,200/- per family. The present population of Chakmas in Arunachal Pradesh is
estimated to be around 65,000. It is alleged that these Chakmas, settled mainly in the State
of Arunachal Pradesh, are being persecuted by sections of the citizens of Arunachal Pradesh.
The first respondent is the State of Arunachal Pradesh and the second respondent is the
Union of India. Is therefore contended that since the Chakmas are foreigners, they are not
entitled to the protection of fundamental rights except Article 21.

HELD:

The Supreme court held that We are a country governed by the Rule of Law. Our
Constitution confers contains rights on every human being and certain other rights on
citizens. Every person is entitled to equality before the law and equal protection of the laws.
No person can be deprived of his life or personal liberty except according to procedure
established by law. Thus the State is bound to protect the life and liberty of every human-
being, be he a citizen or otherwise, and it cannot permit any body or group of persons, e.g.,
the AAPSU, to threaten the Chakmas to leave the State, failing which they would be forced
to do so. Chakmas are denied rights, Constitutional and statutory, to be considered for being
registered as citizens of India.

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 CONCLUSION

Cosmopolitanism, as currently used, is in many ways a theory about justice. It is a response to

various different “problems” in the international arena, such as migration, poverty and
inequalities. But what unifies the different perspectives is that it is a theory of justice.

However, absolute cosmopolitanism, wherein terms such as aliens, foreigners or refugees does
not exist and where there is no imaginary or actual contract between government and the
citizen, cannot be exercised in today’s world.

Radical critics of cosmopolitanism reject ideas such as global justice or world ethics on the
grounds that it is impossible to establish universal values that are binding on all people and all
societies and argue that moral values only makes sense when they are grounded in a particular
society as human beings are morally constituted to favour the needs and interest of those with
whom they share a cultural and national identity.

I have also tried to sketch out different manners of how to understand the cosmopolitan tool.

One great hindrance to really getting the picture of cosmopolitanism has precisely been the fact
that we have lived under the conviction that there are clearly drawn spheres between the
international and the domestic. There are, but not necessarily as we have imagined them. It has
been more of an imagined perfection than connected with reality. It is difficult to realize
cosmopolitan account of justice within a system of institutions that are profoundly interstate.

India has attempted to fulfil its human moral obligations by protecting the rights of non-
nationals and taking other initiatives to be in par with the international bodies however these
obligations are fulfilled by India only to the extent that it does not come in between choosing
the protection of Rights its own citizens and non- citizens. Thus, it can be observed through
various case laws analysed above and the constitutional provisions that India has recognized
the cosmopolitan principles to some extent however idea of absolute cosmopolitanism far away
and is difficult to be exercised.

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WAY FORWARD

Increasingly, philosophers have turned their attention to making recommendations for

improvements in global policies, arrangements, and institutions often, in the process,
advocating for important changes.

In many ways the widespread and growing commitment to the importance of human rights in
regulating our international affairs is something of a cosmopolitan achievement in the struggle
for global justice.

Furthermore, we have an international legal order that has certain commitments to uphold these
entitlements. All those states that are members of the United Nations have signed up to respect
human rights in at least certain contexts. The cosmopolitan idea that each person has equal
moral worth and deserves some fundamental protections and entitlements is not just a
theoretical position but has made some significant inroads in Indian law, though this is not to
deny that we still have far to go before the cosmopolitan vision is adequately instantiated in the
world.

In addressing the main issues identified as salient to various kinds of cosmopolitans and their
critics, more work is needed on a range of central questions, including these: How does
membership in global and national associations influence our duties to one another in the global
context? Do forms of coercion matter to the nature of our duties to one another and if they do,
how and why does coercion matter? How, does equality matter at the global level? What kinds
of reforms to our global and local institutions do cosmopolitan concerns require? Are these
reforms feasible? What might the cosmopolitan recommend as just and fair policy in specific
domains such as climate change, immigration, fair trade, health care, taxation, and the like?
These kinds of questions emphasize that much work remains for all researched on.

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 BIBLOGRAPHY

1. United Nations - Sustainable Development

https://www.un.org/sustainabledevelopment/development-agenda/

2. National Institution for Transforming India

http://niti.gov.in/content/overview

3. Cosmopolitanism: Cultural, Moral, and Political.

https://www.researchgate.net/publication/299637593_Cosmopolitanism_Cultural_Moral_and_Polit
ical

4. Contemporary Cosmopolitanism
https://researchspace.auckland.ac.nz/bitstream/handle/2292/25901/Contemporary%20Cosm
opolitanism-Some%20Current%20Issues2withcoversheet.pdf?sequence=7

5. Human Rights, Human Moral Obligations and Moral Cosmopolitanism – Shashi Motilal
http://www.geisteswissenschaften.fu-berlin.de/v/dchan/termine/shashi-motilal_human rights1.pdf

6. Indian Express Article on ASYLUM

https://indianexpress.com/article/explained/balochistan-leader-brahamdagh-bugti-political-
asylum-in-india-3041252/

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