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GLOBALIZATION IMPACT ON FUNDAMENTAL RIGHTS

Authors: Priyank Chudasama & Akshata Pai, II year of LL.B. (Three year course), Chembur Karnataka College of Law, University of Mumbai. 



Abstract

“If you are totally illiterate and living on one dollar a day, the benefits of Globalization never comes to you”- Mr Jimmy Carter, the 39th President of the United States of America.

Globalization means expansion from local and domestic to foreign countries to sell and buy goods and services which are required for economic development. Globalization boosts healthy competition and provides resources to developing countries. In the name of Development, the standard of living is increased and the means of lifestyle change rapidly. But the choice to change his lifestyle is personal and not enforceable to everyone under Article 21 to Right to Life and personal liberty.

The tribal way is one of the oldest and preserved life routines by the human race in the world. Globalization has affected negatively to tribal communities in ways such as tribal replacements, destroying forest or Greenland patches for urbanization. The Constitution of India has provisions and safeguarded the interest for the tribal communities.

Globalization came into existence after the II World War in 1945’s which had affected various sections of multi-dimensional India society, their livelihood and employment, socio-cultural life. The article aims to understand whether international law, treaties and organization can take the essence and guarantee of Article 21 of the Constitution of India.

Introduction

Globalization came into existence in the West World during II World War and had accelerated during the 18th century due to advancements in transportation means, communication and technology. The trade has increased from domestic to international due to the industrial revolution and exchange of ideas and culture. It is a key reason for the economic process for interaction, integration and cooperation of mix and multiple cultures.

In India, 1990-91 open economy policy was enacted with use and promotion for LPG which stands for:

1. Liberalization

2. Privatization

3. Globalization

LPG was a risky decision for India to survive the economic breakdown and open doors for foreign supply and demand. It allowed India to convert its weakness to strength as the surplus resources were shared and used in India for development.

Globalization has its benefits and is lost to all countries. Globalization may make the world small and more accessible but one must continue to appreciate its cultural diversity. LPG had much potential which helped us to lay a strong democratic foundation for the country’s economic, political and cultural factors.

It helped the revolution to re-examine and reconsider some of the existing ideas from one country within and others and how to strengthen fundamental rights for the benefit of the human race.

The drawback of globalization was that we realised instant real-time social media and television is used by wealth and high standard of living class which violates Article 14 and 15 of the Constitution of India.

The law of land, access to clean food and water, right to shelter were protected and guaranteed for citizens who live in urban areas and have moved ahead with civilization. No one questioned in the name of urbanization, we destroyed and influenced the lifestyle of tribal communities who never appeared as a threat to society and rule of law.

Term Globalization

In 1848, Karl Max had brought into the notice of the world that the bourgeoisie had been exploiting the world market in hunger for power and capital. This led to the destruction of the old-established national industry and sector. From self-sufficient, we moved to insufficient and deficit to meet our own country's demand and supply.

In 2000, the International Monetary Fund (IMF) identified four basic aspects of globalization:

1. Trade

2. Transactions

3. Capital

4. Investment

Globalization has helped to provide an open and transparent organization which encourages countries to develop and increase the standard of living for their citizens. When an easy and open transaction is used in trade, it helps to create capital and access investment.


Globalization has three divisions as follows:

1. Economic Globalization

2. Cultural Globalization

3. Political Globalization

Economic globalization has impacted the increase of economic interdependence between nations across the world due to the increase in the movement of cross-border movement of goods, services, capital and technology. It supported a free-trade area between countries to reduce the trade barriers, import quotas and tariffs to meet their demand and supply.


Global trade has helped many countries to survive industry crash down due to foreign direct investment (FDI) or foreign Institutional Investment (FII) with the country’s business-friendly policy.

Cultural Globalization can mean an interchange of ideology, meanings and values across the bounders which affect the daily habits and lifestyle changes.

Political Globalization means the alliance between the country's governmental bodies for each other's benefit and security.

Globalization as an influencing factor

1. Sports Industry Impact

Globalization can be influenced right from positive to negative mindset. Sport is a major example of an industry which has been influenced by globalization. Initially, sports were viewed as a symbol of unity but today it has been more for commercialization.


The impact of globalization in the sports industry has resulted in different kinds of criminal activity such as Match-fixing, referee corruption, betting and gambling. More games are introduced and promoted only for commercial and monetary bases where all rich countries can drain talent from poor countries and reduce the diversity in sport and its heritage.

2. Labour force exploitation

Developed nations have international treaties and organizations which help them to exploit their inexpensive labour. Additional no treat or organization has taken a proactive step to eradicated child labour which has been observed in the diamond mining site.

3. Refugee Issues

Due to globalization, people immigrated from state to national boundary limits for better employment and lifestyle opportunities. The local and domestic resources are overburdened due to excessive population in the area which impacts their ecosystem.

4. Increase in employment opportunities

The FDI and FII funding franchise, local brand, start-up etc help to increase the employment opportunities for the people in developing and underdeveloped countries.

5. Globalization and Disease

In the current era of globalization, the world is more interdependent than before any time. The advancement in technology for transport and communication has resulted in the transmission of disease from one place to another for example Coronavirus diseases 2019, flu, HIV etc.

Conclusion

Globalization is its benefit and drawback. The lawmakers needed to understand during the 18th-19th century the concept of globalization was needed as many counties were under colonial rule and kingdom rule.

After half a decade of globalization, we need to understand whether we are dependent on foreign supply for goods or it is artificial needs. Globalization had a negative impact after Covid-19 as countries like the USA and European countries have exported all their medical essentials such as masks, gloves etc to cheap labour countries. Due to the pandemic, all development ran out of medical essentials and no resources to produce within the country at critical times. Thus, countries have lost faith from the World Health Organization (WHO) as they declared late the Covid-19 as air-borne diseases and many lost their lives.

India came up with the ideology of “Atma Nirbhar Bharat”. The question arising as a law student is why are policies or regulations which are not supportive and encouraging for fundamental rights been promoted and accepted by democratic countries where any of exploitation is not been accepted.

To end the article, opinion is that globalization is needed as international law but not at cost of the sovereignty of the country.


Authors' Biography

  1. Priyank is second-year student, (LLB 3 years) at Chembur Karnataka College of Law, University of Mumbai. He is Class respective for LLB 3 years at College. Additionally, he has participated and secured merit position in various judgment writing competition, moot court competition and quiz. He is an all-rounder as excellency in extra-circular activities and circular also secured 1st Rank for semester examination.

  2. Akshata is second year student (LLB 3 years) at Chembur Karnataka College of Law, University of Mumbai. She is keen for reading and research papers.

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