SYLLABUS
GS-2: Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests.
Context:
Recently, India and Morocco have signed a Mutual Legal Assistance Treaty (MLAT) and a Memorandum of Understanding (MoU) to promote cooperation in judicial and legal spheres.
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- The agreements aim to strengthen institutional linkages, facilitate legal modernisation, and deepen mutual understanding between the two countries.
- The agreement was executed between India’s Ministry of Law & Justice and the Kingdom of Morocco’s Ministry of Justice.
- To ensure effective implementation, a joint coordination committee will be established to plan annual cooperation programmes, keeping financial viability in mind.
- The agreement is seen as a milestone in deepening Indo-Moroccan diplomatic relations.
About the Mutual Legal Assistance Treaty (MLAT)
MLATs facilitate the widest measures of mutual legal assistance in civil and commercial matters in accordance with national laws.
Assistance under the agreement applies specifically to:
- The service of summons and other judicial documents or processes
- The taking of evidence by means of Letters of Request.
- The execution of judicial judgments (in the case of the Kingdom of Morocco), decrees (in the case of the Republic of India), settlements, and arbitral awards.
In India, the Ministry of Home Affairs acts as the central authority for mutual legal assistance requests in criminal matters.
India has signed MLATs with numerous countries, including Turkey (2002), China (2003), Russia (2000), Qatar (2012), the United States (2005), and the United Kingdom (1995).
The Memorandum of Understandings (MoUs):
- Exchange of Expertise: Sharing experiences and expertise related to the functioning of the respective Ministries and judicial systems.
- Legislation Exchange: Mutual sharing of legal publications, bulletins, and legislative materials to enhance legal understanding and cooperation.
- Capacity Building: Organising symposiums, conferences, and joint courses on various legal issues and applications.
- Legal Training and Delegation Exchange: Facilitating visits and training opportunities for lawyers and legal experts, including participation in each other’s training programs.
- Judicial Information Systems: Cooperation in developing national legal information systems and related technological advancements.
- Implementation Mechanism: Formation of a joint coordination committee responsible for planning annual cooperation programs that are practical and within the financial capabilities of both parties.
