LLM Notes: Discuss the legal status of universal declaration of human rights and its contribution in international level

 The Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly on December 10, 1948, is a foundational international document that articulates the basic rights and fundamental freedoms to which all human beings are entitled. It covers a broad spectrum of rights, including civil, political, economic, social, and cultural rights, such as the right to life, liberty, free speech, social security, health, and education.

Legal Status of the UDHR

• Non-binding nature: The UDHR is not a treaty and therefore does not directly create legally binding obligations on countries. It is considered a declaration, which generally expresses aspirations or understandings rather than enforceable legal duties.

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LLM Notes: Human Rights of Tribal Communities in India: Constitutional Safeguards and Challenges

 The human rights of tribal people in India, often referred to as Adivasis or Scheduled Tribes (STs), are protected through various constitutional provisions, laws, and policies aimed at preserving their autonomy, culture, land rights, and socio-economic welfare.

Key Human Rights of Tribal People in India

1. Land and Forest Rights

• Tribal communities have the right to hold and live on forest land, either individually or collectively, for habitation and livelihood through self-cultivation.

• The Forest Rights Act (FRA) recognizes and secures the rights of forest-dwelling tribes over their traditional lands and resources, providing protection against exploitation by the state or private entities.

• Tribal land cannot be sold or transferred except by inheritance, ensuring protection of their ancestral land.

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LLM Notes: Human Rights in Non-Western Thought

 Cultural Foundations and Distinctions

Human rights in non-Western thought are rooted in diverse cultural, philosophical, and religious traditions that often differ from the individualistic, legalistic framework prevalent in Western societies. While the modern concept of human rights—as universal entitlements held by all people simply by virtue of being human—was articulated in the West, similar ideas about justice, dignity, and protection of the individual and community have deep precedents in non-Western societies.

Key Features of Non-Western Approaches

• Emphasis on Community and Collective Rights: Many non-Western societies, such as those in Africa, prioritize communal values and group rights alongside, or even above, individual rights. 

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Big Relief for Widows in Maharashtra: Court Fees Slashed - Reduction in maximum court fees from Rs. 75,000/- to Rs. 10,000/-

 2. In view of the requisition raised by the Testamentary Registrar, Ms. Chavan, Learned AGP, on instructions, submits that the State Government has issued a notification dated 9th August, 2024, which reads thus:

“Maharashtra Court Fees Act.

No. Mudrank-2023/C.R.641/M-1(Policy).- In exercise of the powers conferred by section 46 of the Maharashtra Court Fees Act (XXXVI of 1959), the Government of Maharashtra, hereby reduces the maximum limit of fees from Rs. 75,000/- to Rs. 10,000/-, payable by widows on probate of a will or letters of administration with or without will annexed, specified in Article 10 of the First Schedule appended to the said Act, to be filed in any Civil Court in respect of obtaining Heirship Certificate from the date of publication of this notification in the Official Gazette.”

3. In light of this, it is her submission that it should apply to all

widows in cases for application for probate, letters of administration, succession certificate and legal heirship certificate irrespectively. With this clarification, nothing further remains.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

MISCELLANEOUS PETITION NO. 108 OF 2025

Subhadra Anant Kesarkar ...Petitioner

Rukmini Vithoba Khedekar ...Deceased

CORAM : ARIF S. DOCTOR, J.

DATE : 09 th  APRIL, 2025

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