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Understanding the First Information Report-(FIR)

INTRODUCTION

The First Information Report, commonly referred to as FIR, which is a crucial legal document to initiate a criminal proceedings. It serves as the primary information to the law enforcement agencies to record the information about the alleged criminal activity. This article aims to clear the understanding of FIR, exploring its significance, procedure of filing FIR and role of FIR in the criminal justice system.

 

What is an FIR?

An FIR is written document which records the information about the cognizable offences like robbery, murder, theft, etc.

Procedure of filing an FIR.

In India the FIR is governed by the Code Of Criminal Procedure, 1973. Section 154. of the Cr.P.C. deals with the Information in cognizable cases. According to the section, informer will go to the officer in charge of Police Station and will give him the information about the cognizable offence. The information may be oral or in writing. If the information given to the officer is oral then Officer in Charge will write it down after that he will read out the whole complaint to the informer and will take the sign of the informer on the FIR which Officer has written down. One copy of FIR must be given to the informer free of cost and Officer has to maintain the FIR in his diary for the record as the State Government may prescribe in this behalf.

Provided that if the information is given by the women against whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354c, section 354D , section 376, section 376A, section 376AB,  section 376B, section 376C, section 376D, section 376DA, section 376DB, section 376E, or section 509 of the Indian Penal Code (45 of 1860) alleged to have been committed or attempted , then such information shall be recorded by women police officer.

In the event that the person against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 354, section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB, section 376E or section 509 of Indian Penal Code ( 45 of 1860),  is alleged to have been committed or attempted , is temporarily or permanently mentally or physically disabled then in such cases the such information shall be recorded at the residence of such person who seeking to report such offences or at the choice of place of such person in the presence an interpreter or a special educator as the case may be

Section 155. of the Code of Criminal Procedure, 1973 deals with FIR in non- cognizable offences, in non –cognizable offences the informer or the complainant will go to the officer in charge of the police station and will give him the information about the alleged offence in written form or orally and will write it down and seek the permission of Magistrate to investigate the matter, without the order of Magistrate there is no power to investigate in the matter.

If the information has given to the officer in charge of the police station contain the information of cognizable and non-cognizable offences then the information will be dealt as cognizable offence.

Step to be taken if the police do not register FIR

According to the sub section 3 of section 154 of The Code of Criminal Procedure, 1973. If any person aggrieved by refusal on the part of an officer in charge of a police station to record the FIR as referred in sub section 1 of the code, may send the substance of such information , in writing and by post to the Superintendent of Police concerned, who if satisfied that the information discloses the commission of cognizable offence , shall either investigate the case himself or direct an investigation made by any police officer subordinate to him.

Cases

In Lalita Kumari v. State of U.P. , (2013)

The court orders that officer in charge of police station is bound to register an FIR, and within 24 hours of time span officer has to update the copy of FIR on online portal of the State where FIR can be shown.

“  PRIME LEGAL is a full- service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best consumer lawyer, best civil lawyer.”

Written by:- Aamir Hussain

References:

The Code of Criminal Procedure, 1973 (2 OF 1974), UNIVERSAL’S BARE ACT.

The Code of Criminal Procedure , 1973 (2 of  1974), RATANLAL & DHIRAJLAL.

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Boyfriend’s Day 2023: Legality of Live-in Relationships in India

“Living with the partner has no defined meaning or scope. The phrase “live-in relationship” refers to a living situation in which an unmarried couple lives together in a long-term relationship that mimics marriage. To the outside world, a pair portrays themselves as a couple. ‘Live in a relationship’ refers to a relationship in which the parties are not married in the sense of a legal marriage solemnization. Nonetheless, the parties live as a couple, demonstrating to the rest of the world that their relationship is stable and consistent.

 A ‘common law marriage’ is a term used to describe such a partnership. Marriage is a wonderful feeling that can unite people of every skin tone, ethnicity, socioeconomic status, or sexual orientation. Yet, having more time altogether, and perhaps even moving in together, can help couples strengthen and discover their love for one another. The terms “marriage” and “live-in relation” become relevant in this context.

It is generally believed by society and the law that married spouses should live together. Social acceptance has its own allure and gratification. Young folks nowadays can stay with their spouses even without the constraints of arranged weddings because of the rise of live-in relationships. There are benefits and drawbacks to all these societally created ways of expressing and experiencing love and romance.

 Live-in Relationships and the Law

“There is no explicit legislation in India that addresses live-in partnerships. The Hindu 

Marriage Act of 1955 provides legitimacy, succession, and property rights to children born in ‘void’ and ‘voidable’ marriages. The 2005 Protection of Women from Domestic Violence Act also provides some protection to the wounded parties from any sort of atrocity performed against females in “relationships like marriage”.”  

“A woman in a live-in relationship is entitled to the same legal rights as a wife if she has been in such a relationship for a reasonable period. This does not make an invalid marriage valid or provide legal recognition to bigamous marriages. While giving support to the woman with whom he is in a bigamous/adulterous relationship, a man may face allegations of adultery and bigamy.”  

The Treatment of Live-in Relationships by Indian Judges

“The Indian judiciary does not explicitly promote or condemn such live-in relationships. In each case, the judiciary simply dispenses justice by the law. The primary goal of the judiciary is to prevent a miscarriage of justice. The judiciary analyses cultural norms and constitutional principles while deciding cases. The meaning of the term “like marriage” is not immediately clear, and the PWEDVA is already arguing about it.”  

“The petitioner in Aruna Parmod Shah Vs UOI[1] challenged the Act’s validity, claiming that it discriminates against men and that Section 2(f) of the Act’s definition of “domestic relationship” is unconstitutional. In the second instance, the petitioner argued that equating “marriage-like relationships” with “married” status deprives the lawfully married wife of her rights. The Delhi High Court dismissed both challenges to the Act’s constitutionality. In answer to the second charge, the court ruled that a wife, as well as a woman living with a man as his “common law” wife or even a mistress, should be regarded similarly. In this decision, the judges defined “a connection resembling marriage” to encompass both a “common law marriage” and a relationship with a “mistress,” without going into detail about the legal and social consequences of these terms.”  

The Allahabad High Court held in Payal Katara Vs Superintendent Nari and Others[2] that anybody above the age of 21 has the right to travel and that anyone, man, or woman, can live together if they like. In the case of Patel and others, the Supreme Court declared that a live-in relationship between two adults who are not married is not illegal. The Supreme Court ruled in Lata Singh Vs State of U.P. & Anr[3] that live-in relationships are only permitted between married important individuals of different genders.”  

“The Apex Court ruled in the Radhika Vs State of M.P.[4] that if a man and woman have been living together for a long time, they would be regarded married and their child will be declared genuine. In Abhijit Bhikaseth Auto Vs State of Maharashtra and Others[5], the Supreme Court of India declared on September 16, 2009, that a woman does not have to establish her marriage to be entitled to maintenance under section 125 of the Cr.P.C. Under Section 125 of the Criminal Procedure Code, a woman in a live-in relationship may be entitled to assistance.”  

“The Supreme Court awarded the live-in partner the status of the wife in Chellamma Vs Tillamma7. Katju J. and Mishra J. both stated that a man and a woman can live together even if they are not married in their opinion. Although society considers this immoral, it is not illegal. It is important to distinguish between law and morality.

The court went even further, declaring that children born to such a parent are legitimate and valid. The heirs of such a person can only inherit the property of his or her parents. This is because such offspring are not granted coparcenary rights to their parents’ inherited Hindu undivided family property.

During S.P.S. Balasubramanyam v. Suruttayan, the Supreme Court ruled that children born to unmarried parents in a common-law relationship are entitled to legal protection (1993). The Supreme Court has ruled that under Article 14 of both the Indian Evidence Act, of 1872, a probability of marriage exists when a man and a woman share a home and live together for a prolonged period. This means their offspring can officially be a part of the family tree and perhaps get an inheritance. 

The Apex Court ruled in Bharatha Matha v. Vijaya Renganathan (2010) that babies living with cohabiting couples are entitled to a share of their parent’s assets. The Apex Court determined that, if the connection lasts long enough, a kid born in such a situation may not be regarded as an illegitimate immigrant. 

They are the legal proprietors of their parents’ possessions. One benefit of the ruling is that it will not only deter couples from hastily divorcing, but it will also encourage couples to have children, who were previously anxious about their children’s future if they divorced. In Madan Mohan Singh & Ors. Vs Rajni Kant & Anr[6], the court held that a long-term live-in relationship cannot be deemed a “walk in and walk out” relationship and that the parties are presumed to be married.”  

India’s highest court has ruled that a live-in relationship is not a crime in the case of D. Velusamy Vs D. Patchaiammal[7]The petition alleges that the appellant moved out of the respondent’s father’s house after two or three years and began living in his own country, but that he continued to visit the respondent regularly. According to the lower Family Court, the appellant was married to the respondent, not Lakshmi. The High Court and the Family Court Judge in Coimbatore’s rulings were overruled, and the matter was remanded to be considered again by the law.”  

“According to the judges in the case, the word marriage is not specifically defined in the PWDVA, 2005. The judges decided that a relationship like marriage is equal to common- law marriage, tying it to the prevalent “live-in” partnerships in the west. If a man had a ‘keep,’ whom he financially supports and hires solely for sexual purposes and/or as a servant, it would not be a marriage-like arrangement, the judges said. A ‘domestic relationship’ is more than merely hanging around on weekends or having a one-night stand. The Supreme Court’s ruling would exclude many ladies who have had a live-in relationship from benefiting from the 2005 Act.”  

By stating this, the judges appear to be implying that the term “live in relationship” has a far broader scope than “relationship like marriage”. In 2010, the New Jersey State Assembly passed a law requiring the parties to have a formal agreement before asserting palimony. Palimony is a phrase used in the United States to denote the provision of maintenance to a woman who has lived with a man for a long time without marrying him and then been abandoned by him. In Alok Kumar Vs State & Anr[8], the complainant sought to have his First Information Report (FIR) dismissed.”  

Suggestions 

  • “Legal system does not want to recognize all live-in partnerships as marriages. Only solid and sufficiently long-term relationships between the parties qualify for protection under the 2005 Act. “
  • “Simultaneously, it is not hostile to new emerging partnerships such as live-in couples, which are particularly common in cities. The judge should be pragmatic rather than dogmatic when dealing with such issues. “
  • “In the absence of unambiguous social and legal categorization of non-marital relationships, the field has been left wide open.”
  • “Even the highest court authorities preach on the need to separate a “relation like marriage” from a “servant” or a “keep” and a “one night stand”. It should also be noted that none of these legislative measures are intended to encompass the entire spectrum of live-in partnerships.”

Conclusion

“It is encouraging for the country that, rather than ignoring the problem, it has opted to take steps to safeguard women living in shared households, even if they are not married. Given India’s social and cultural context, enacting legislation to govern live-in relationships would be unwise. Most individuals choose this option to escape the burden and commitments that come with a long-term commitment.

 In the event of a dispute on whether to continue the partnership, a partner is free to come and go as he pleases without the tedium and complication of divorce processes. That is how some people prefer it. It is not the job of the government to regulate and monitor human lives and decisions on such a minute scale. “  

“It is a person’s choice whether to marry or get into a live-in relationship. I believe that the existing system in the United Kingdom and other nations should be studied. Couples should be able to sign cohabitation contracts outlining their rights and responsibilities if they so want.”  

“Even then, the rights and responsibilities will be limited in comparison to those granted in marriage. Another important aspect to consider is that, even under the Domestic Violence Act of 2005, the man in a live-in relationship has no legal rights. This part of Indian legislation must also be investigated.”  

“In India’s current marriage laws, common-law marriages, or partnerships in the form of marriage must be recognized and provided for. Wherever there is a need to change the legislation to give rights and responsibilities for such a partnership, it should be done. There is a need to restructure the legal system to meet societal changes, but there is no need to establish new and distinct legislation to do so.”  

References

  • Landmark Judgments- Live-In Relationship: SC’s Judgments Concerning the Legal Standing   Of                Live-In      Relationships      lawyersclubindia, https://www.lawyersclubindia.com/articles/landmark-judgments-live-in-relationshipsc-s-judgments-concerning-the-legal-standing-of-live-in-relationships-14068.
  • Important Judgements on Live-In Relationship in India Law Trend, https://lawtrend.in/important-judgements-on-live-in-relationship-in-india/ Landmark Supreme Court judgments concerning the legal standing of live-in relationships
  • Are Live-in Relationships Legal in India? https://www.latestlaws.com/articles/arelivein-relationships-legal-in-india/

[1] Aruna Parmod Shah Vs UOI 2008(102) DRJ543. 

[2] Payal Katara Vs Superintendent Nari and Others AIR 2001 All 254. 

[3] Lata Singh Vs State of U.P. & Anr AIR 2006 SC 2522. 

[4] Radhika Vs State of M.P. AIR 1966 MP 134, (1969) ILLJ 623 MP. 

[5] Abhijit Bhikaseth Auto Vs State Of Maharashtra and Others AIR 2009 (NOC) 808 (Bom.).  Chellamma Vs Tillamma AIR 2009 SC 112. 

[6] Madan Mohan Singh & Ors. Vs Rajni Kant & Anr AIR 1992 SC 756 

[7] D. Velusamy Vs D. Patchaiammal 2010 10 SCC 469 

[8] Alok Kumar Vs State & Anr 1968 AIR 453, 1968 SCR (1) 813  

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written by- Anushka Satwani

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The Cricket World Cup: A Retrospective look at its History and an Examination of the Law for the 2023 Edition

 Introduction

The Cricket World Cup is the finest event in cricket, gathering nations from all over the world together to fight for the esteemed title of world champions. The competition has increased in importance and popularity since its start in 1975, capturing the attention of millions of cricket fans worldwide. As the Cricket World Cup 2023 approaches, it’s a good opportunity to look back at its history, trace its progress, and examine the rules that will oversee this much-anticipated competition.

Sir Pelham Warner, a former British cricketer and an administrator, proposed the concept of a Cricket World Cup in the very beginning of the 1900s. However, it took years for this concept to become a reality. The first Cricket World Cup was held in 1975, with England hosting the event. This was a watershed moment in cricket history since it established a new format of the sport that would forever alter the dynamics of evolving international cricket.

The Cricket World Cup has undergone multiple alterations and evolved in a variety of ways over the years:

Team Expansion: Initially, the event comprised only eight teams. However, as cricket became more popular around the world, more teams were added. By 1992, the competition had grown to nine teams, and by 1996, it had grown to twelve. The 2019 edition had a record-breaking ten teams, and the 2023 edition is scheduled to have the same number.

Changes to the Tournament Format: The tournament format has developed dramatically. The World Cup went from 60-over contests to 50-over matches in 1987, which is still the format used today. The round-robin system, in which each team plays every other team once, was established in 1992. Because of its equitable nature and excitement, this format has been kept in successive iterations.

Asian Teams’ Dominance: The growth of Asian cricketing titans, particularly India, Pakistan, and Sri Lanka, has been witnessed during the Cricket World Cup. The Indian victory in 1983 was an iconic moment in Asian cricket, ushering in a new era. These Asian teams have routinely outperformed and won World Cups.

Examination of laws for the 2023 Edition

The International Cricket Council (ICC) governs cricket internationally. LBW, stumps, and bat width are a few of the regulations and rules of cricket that were created and eventually modified in 1774[1]. And as time goes on, things start to change and develop, and new laws are added. After the umpires were introduced, these rules and laws could be seen on the cricket pitch. Furthermore, it now serves as an outlet for people’s emotions rather than just being a game. As a result, a match’s outcome has an effect beyond just two nations. However, there are times when umpires commit errors that spark intense debate. And making the decision to label a ball as a no ball is crucial.[2]

In a recent order by Delhi High court, it was found that Rogue websites that have engaged in intellectual content piracy in the past are quite likely to keep disseminating stolen works to the public during the World Cup 2023. The high court stated that it is necessary to prevent any shady websites from informing the public about any aspect of the cricket match occurrences without the plaintiffs’ consent or permission. The Board of Control for Cricket in India (BCCI) and the International Cricket Council (ICC) are the organisations that conduct international cricket matches, and Star India Private Limited, the official media rights owner for such events, filed a copyright complaint against them. Its subsidiary Novi Digital Entertainment Pvt Ltd, which runs Disney+Hotstar, where the matches would be webcast, joined Star as well. After the matches begin, several websites may engage in the unapproved broadcasting of the matches, according to Star India. Additionally, it stated that rogue websites can continue their unlawful broadcast even after being prohibited or taken down by creating “mirror websites”. Therefore, it aimed to restrict these websites in real-time.

For the 2023 World Cup, the following are a few small exceptions to the rules of cricket:

  • If a game is tied after regulation duration, the winner will be decided by playing a Super Over. Each team gets one over in the Super Over, and the team with the most runs scored wins the game
  • .If a game is postponed because of bad weather or other circumstances, a reserve day will be scheduled. If possible, the match will be completed on the reserve day. The game will be ruled a tie if the reserve day is likewise canceled.
  • A player who is hurt or ill can be replaced by the other side at any point in the game. A club is only permitted to replace one player per inning, though.

With a few minor variations, the rules of cricket for the 2023 World Cup are the same as those for One-Day Internationals (ODIs). The key distinction is that all teams play one another just once because the World Cup is played in a round-robin style. The top four groups’ teams then move on to the semifinals. The following is a list of some of the most important cricket rules for the 2023 World Cup: The pitch is required to be rectangular in design, measuring 22 yards (20 metres) long by 10 yards (9.1 metres) wide. It is required to space the wickets 22 yards apart.[3]

In conclusion, The 2023 edition promises to continue this legacy, with teams from around the world vying for the coveted title. It is important to note that Strict COVID-19 guidelines will  be implemented for the 2023 World Cup to guarantee the security of players, representatives, and audiences. Biosecure bubbles, routine testing, and capped attendance at events are a few examples of these practices.The ICC has  been aggressively promoting cricket’s adherence to environmental sustainability. There will be initiatives taken to lessen the tournament’s carbon footprint, including as employing renewable energy sources and utilizing less single-use plastic.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written by: Shivanshi Singh 

[1] “History of cricket-ICC,” 2022

[2] Das, S., Mahmud, T., Islam, D., Begum, M., Barua, A., Tarek Aziz, M., … & Chakma, E. (2023). Deep Transfer Learning-Based Foot No-Ball Detection in Live Cricket Match. Computational Intelligence and Neuroscience2023

[3]Rules for world cup 2023,Official ICC website.

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How India’s Banking and Finance Laws Are Set to Change in 2023

For several years now, banking, investing, and financial management practices have been evolving swiftly throughout India. This has primarily been due to the dual advancement of fintech and internet connectivity. It has increasingly become the norm for Indian consumers and companies alike to conduct financial transactions and related business via digital means. This has led to a more dynamic and inclusive Indian economy, but it has also introduced fresh concerns regarding the need for more financial regulations and protections. Accordingly, earlier this year, Finance Minister Nirmala Sitharaman proposed a series of regulatory amendments for the 2023-24 Union Budget.

The proposed amendments concern the Banking Regulation Act, the Banking Companies Act, and the Reserve Bank of India Act. The collective goals behind them are to “improve bank governance and enhance investors’ protection,” as one write-up summarised.

Now, it is worth noting that similar improvements have been suggested and implemented several times in recent years. On an institutional level, for instance, a wide-ranging banking regulation bill was passed in 2020 to improve the performance of cooperative banks under the supervision of the central bank. And regarding individual Indian consumers who are increasingly active in the fintech world, recent privacy rights protections have made it safer to operate in digital spheres without risking personal data. Where the 2023-24 Union Budget is concerned, however, Minister Sitharaman and the Indian government have suggested more sweeping changes designed to fortify the Indian financial system for ongoing fintech expansion.

Altogether, the proposed amendments are quite comprehensive, suggesting small but significant changes to various aspects of Indian banking and financial law. Here, we will endeavour to examine some of the most significant proposals and how they may change things for consumers throughout India.

Setting Up a National Financial Information Registry

One of the boldest initiatives attached to the Union Budget amendments was the suggested establishment of a National Financial Information Registry or NFIR. Described as a more advanced version of the existing entity of CIBIL, the NFIR would be designed to support more comprehensive credit information checks. CIBIL already helps banks, government entities, and lenders view information related to credit before issuing loans to borrowers. The NFIR, however, would also reveal non-credit information amounting to “all financial information” relevant to a borrower.

There are numerous potential ramifications of such a registry, but two in particular have to do with the ever-evolving banking and financial ecosystem in India. The first is that individuals or companies with questionable credit but responsible financial habits may be better able to secure loans for investment. The second is that lenders will have access to more insight into a financial environment that is increasingly complex.

Simplifying Investor Education and Reclamation

One of the biggest consequences of an evolving fintech economy is a significant increase in online trading activity. As digital financial management has been normalised, individuals throughout India have gained access to mobile apps that provide them with access to international stock markets. These apps offer favourable market conditions, analytical assistance, up-to-the-moment charts, and rapid transaction processing. They have, as it is commonly put, democratised trading. At the same time, however, growing access to market investment has led to calls for more regulations and protections for investors.

One measure within the proposed banking and financial policy amendments that appears to be aimed at this goal is that of simplifying investor education and share reclamation. The Indian government established something called the Investor Education and Protection Fund Authority (IEPFA) back in 2016. It is designed to spread awareness among investors, as well as to issue refunds in relation to unclaimed dividends and other circumstances.

The newly proposed amendments include an effort to build up an IT portal related to the IEPFA in order to simplify its use. This, in theory, would help to protect the growing population of freely trading Indian investors.

Supporting Fintech Development

Ongoing support for fintech development was also a key aspect of Minister Sitharaman’s initial reveal of the proposed banking and finance amendments. Per the Ministry of Finance, Sitharaman commented specifically on fintech services and noted that they have been facilitated by India’s “digital public infrastructure.” She cited entities such as India Stack and UPI but also “proposed to enable more fintech innovative services” moving forward.

Sitharaman also introduced proposals for “up to 100 labs” to be used for the development of 5G applications. These would, in turn, bring about a range of new digital opportunities across industries, as well as create new employment in the process.

Altogether, these aspects of the proposed amendments will all work to support the ongoing growth and spread of fintech practices.

Supporting Digital Payment Infrastructure

On top of general support for fintech expansion, the Ministry of Finance’s recap of Sitharaman’s proposals noted that there is also language in place regarding digital payment infrastructure. Sitharaman cited data indicating that the number of digital payments had increased by 76% in 2022 alone. During the same year, the cumulative value of those payments had increased even more sharply, by 91%. Perhaps more than any other data, these numbers speak to the comfort level the Indian public has reached with making digital financial transactions.

Because of the increases in digital payment activity and value, Sitharaman made sure that her proposals included “continuation of fiscal support for this digital public infrastructure” in 2023-24. By all appearances, the government will continue, if not expand, its financial backing of digital payment infrastructure expansion.

These specific ideas and initiatives do not cover the entire scope of the banking and financial amendments that have been proposed. They do, however, speak to the nature of these amendments. Through initiatives like the ones discussed above, the Ministry of Finance is attempting to both support fintech expansion and make related practices safe and efficient. Digital financial practices offer a world of convenience and opportunity, but it is important that financial institutions, companies, investors, and consumers alike feel safe and confident taking advantage of those benefits. The proposed amendments represent an effort to meet that need.

Thank you for reading, and please return to the site for more information concerning legal news in India!

AUTHOR BIO:
Billy Ann Page is a freelance writer and blog contributor. Her work covers business, finance, technology, and an occasional foray into entertainment coverage. Billy Ann spends much of her time as a nomad, travelling the world to gain a fresh perspective.

References:

https://timesofindia.indiatimes.com/business/budget/govt-proposes-changes-in-banking-regulation-act-other-laws-to-enhance-investors-protection/articleshow/97533273.cms

https://primelegal.in/2023/09/24/the-impact-of-the-digital-personal-data-protection-act-2023-on-privacy-rights-in-india/

https://www.cnbctv18.com/finance/national-financial-information-registry-requires-many-legislative-changes-expert-15960231.htm

https://www.exness.com/ar/

https://pib.gov.in/PressReleasePage.aspx?PRID=1895290

https://primelegal.in

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The Seema Haider Case: A Closer Look at the Immigration Laws of India

Introduction:

The case of Seema Haider has been on the news for a few months now. The background of the case revolves around Seema Haider, a Pakistani National, who illegally immigrated into India. She is a married woman with four children. Along with her children, in the month of May 2023, Seema crossed the Nepal border to meet Sachin Meena, who she had met through PUBG, an online game and fell in love with.

The police have been investigating with respect to how she had managed to cross the Indian borders and reside here for considerable amount of time without anyone knowing. Even though the route that she took from Pakistan – Dubai – Nepal and finally to India is not completely clear, the point of question is how she had obtained valid documents to legally get through the borders. Therefore, this article examines the immigration laws of India and cases similar to the one of Seema Haider’s.

What is Immigration and Who is an Immigrant?

Immigration is the process of relocation of individuals from one country to another with the intention of establishing a permanent residence. The principal challenge faced by immigrants is the process of acquiring citizenship in the host country and so that they can exercise their basic and fundamental rights in their new place of residence.

Part II of the Constitution of India deals with matters related to Citizenship. Article 5 to Article 11 deals with the various provisions.

“Art. 5 – Citizenship at the commencement of the Constitution.

Art. 6 – Rights of citizenship of certain persons who have migrated to India from Pakistan.

Art. 7 – Rights of citizenship of certain migrants to Pakistan.

Art. 8 – Rights of citizenship of certain persons of Indian origin residing outside India.

Art. 9 – Persons voluntarily acquiring citizenship of a foreign State not to be citizens.

Art. 10 – Continuance of the rights of citizenship.

Art. 11 – Parliament to regulate the right of citizenship by law.”

Another way to obtain citizenship: Naturalization Process – One can get an Indian citizenship after living in India for more than 14 years and foreigner registration with the FRRO (Foreigners Regional Registration Officer) or FRO (Foreigners Registration Officer).

A person can become a citizen of India by birth, by descent, or by registration.

Key Legislations regarding Immigration:

  1. The Citizenship Act, 1955: This fundamental piece of legislation governs citizenship in India. It is also called the Indian Nationality Law. It defines who is considered an Indian citizen by birth, descent, registration, or naturalization.
  2. The Foreigners Act, 1946: This act empowers the Indian government to regulate the entry, stay, and departure of foreigners in India. It provides authorities with the means to arrest and deport individuals without proper documentation.
  3. The Passport Act, 1967: This act regulates the issuance and use of passports and travel documents in India. It sets out the legal requirements for obtaining a passport and prescribes penalties for passport-related offenses.
  4. The Visa Manual: India has a comprehensive Visa Manual that outlines the various types of visas available, their eligibility criteria, and the procedures for application. This manual is regularly updated to reflect changes in immigration policies.

The Case of Sapla Akhtar

The case of Sapla Akhtar was just the opposite of what happened to Seema Haider. Sapla is a Bangladeshi National who illegally immigrated into India to meet her online boyfriend. She had come through Siliguri, West Bengal. They had met on Facebook and only after coming here did she know that he was not the person she thought he was. He was making arrangements and was planning to sell her in Nepal. Sapla was eventually arrested for illegal immigration and the police are in search of the boyfriend.

Case of Anju and Nasrullah

Anju, a married woman and mother, is an Indian National. She married a Pakistani man, Nasrullah, who she had met online. The difference in this case is that Anju, now Fatima, legally immigrated into Pakistan with the necessary documents.

How is the case of Seema Haider relevant?

The main concern with illegal immigrants like Seema is the National Security Threats. India has a lot of hostile neighbouring countries. Thus, there is a need for well stringent laws on immigration. Major chunk of the illegal immigrants may have criminal intent and can be smugglers or terrorist, due to the hostility between the countries. Criminal activities, including human trafficking, drug smuggling, and organized crime will be on the rise. India cannot afford to be flexible with its border security due to this reason.

A large number of Illegal immigrants can also cause an economic strain on India. Statistics show that there are thousands of immigrants from neighbouring countries that cross the border and try to stay in India. This also causes conflicts between the natives and the immigrants for resources among other things.

Pakistan has not issued any official statement on the Seema Haider case. She was arrested by the police on the 4th of July and investigations are underway to confirm if she is a security threat. These cases show that there is a need for a stricter implementation of the immigration laws of the country so that the national security is not threatened.

References:

  1. INDIA CONST. art. 5 – 11
  2. https://www.indiacode.nic.in/bitstream/123456789/4210/1/Citizenship_Act_1955.pdf
  3. https://indiancitizenshiponline.nic.in/acquisition1.htm#:~:text=A%20person%20born%20in%20India%20on%20or%20after%203rd%20December,the%20time%20of%20his%20birth
  4. https://www.wionews.com/india-news/seema-haider-case-reversal-indian-woman-travels-to-pakistan-to-meet-lover-618720

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Written by- Sweta Shoumya

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