A writ essentially means a fundamental order. In generic legal lexicon, it is a formal written order issued by a body with administrative or judicial jurisdiction. The three most common types of writs being prerogative writs, warrants, and subpoenas. Plainly put, anything issued under a recognised legal authority, is a writ.

In the Indian legal system, the jurisdiction to issue ‘prerogative writs’ is conferred to the Supreme Court and to the High Courts of all Indian States. The writs partly owe a constitutional backing, making their enforcement and usage more secure and reliable. The Constitution of India provides for five kinds of prerogative writs,

Habeas Corpus

Habeas Corpus is latin for “that you have the body.”  It acts as a shield against detaining authorities infringing upon the fundamental right to liberty, ordering the detainer to produce the detained person in the issuing court, along with the cause of detention. The court, after examining the basis of said detention, can set the detained free if it finds no plausible legal justification for the specific detention. It also stands ground under the preventive detention header and can be issued against authorities of states or individuals or organisations.

When can the writ of Habeas Corpus be issued?

• Under the circumstances of detention of a person not being produced before the magistrate within 24 hours.
• Under the circumstances of the detention being mollified or carried out to harm the person
• Under the circumstances of an arrest under an unconstitutional law
• Under the circumstance of an arrest without any violation of law

The ordinary rule of filing a petition is that a person whose rights have been infringed must file it; habeas corpus being an obvious exception to that. The reason for its special seclusion from the normality being the fact that it is physically impossible for a person being detained or imprisoned to file a petition; hence anybody on behalf of the detainee can file a habeas corpus petition.

It stands to be extensively useful in the domain of immigration, deportation, military detentions, court proceedings before military commissions, and convictions in military courts. Another important aspect of habeas corpus being that it is used to determine preliminary matters in criminal cases, some specifics being the failure to provide for a speedy trial or hearing, the legality of extradition to a foreign country and an adequate basis for detention.

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With great unrest pertaining to the constant human rights violations being brought to the World’s notice, people have come ahead and questioned, do the numerous human rights treaties and laws really work? Do they actually hold up the moral platform they are expected to? Or are they too ambiguous for the modern society which likes to crawl through the loopholes?

We shall stick to a strict ‘Corporate‘ point of view in attempting to answer these questions. Our intent to take the corporate view will be to assess the functioning of these laws in the strictest, most fast paced institutions of the world; and to look at some drawbacks and counter policies aiming to mend those. In the corporate facet of the world, human rights laws have played up corporate responsibilities to a whole new level; successfully binding ethics to business.

In order to assess and establish our conclusions on a logical basis, we need to start out by understanding the basis of human rights laws in the corporate world. In the next few segments, we shall aim to cover the very material, before arriving at a conclusion.

According to agenda item 3 of the 17th session of the UN’s Human Rights Council,

“Corporate and securities law directly shapes what companies do and how they do it.
Its implications for human rights, however, remain poorly understood. Corporate law and
human rights are often viewed as distinct legal and policy spheres, populated by different
communities of practice.”

However, in the early 2009, a Corporate Law Project (CL) was established by the Special Representative of the Secretary General. What the project aimed to do was to identify whether and how corporate and securities law in 39 jurisdictions encourage or impede companies’ respect for human rights, by involving more than 20 leading corporate law firms from around the world. The Project is considered to be the first in-depth, multi-jurisdictional exploration of the links between corporate and securities law and human rights; and is a crucial milestone which provides for a solid foundation for our study.

The CL’s findings were interesting, and yet somehow, predictable. What it observed was, two trends- one being lack of clarity in corporate and securities law regarding not just what companies or power heads should do regarding human rights, but what they are permitted to do. The other being limited to no coordination or contact between the companies and Governmental institutions working in the domain of Human Rights. Thus two problems were established- ambiguity in some facet of the Human Rights Laws, and absence of coordination. 

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