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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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Legal Challenge to Distribution of Guarantee Cards in lieu of Smartphones in Rajasthan

Title: Mudit Nagpal v. State of Rajasthan

Date of Decision: September 19, 2023

Case ID: D.B. Civil Writ Petition No. 14249/2023

Presiding Judges: Hon’ble Mr. Justice Vijay Bishnoi and Hon’ble Mr. Justice Yogendra Kumar Purohit

Intro:

 In D.B. Civil Writ Petition No. 14249/2023 before the High Court of Judicature for Rajasthan at Jodhpur, petitioner Mudit Nagpal, a practicing advocate, raised concerns in the public interest regarding an order issued by the Planning Department on August 21, 2023. The order outlined the procedures for distributing guarantee cards as an alternative to the distribution of smartphones, as initially declared in the state budget.

Facts:

 The State Government of Rajasthan had originally allocated funds in the 2022-23 budget to distribute smartphones to 1 crore 33 lakhs Chiranjivi Families, amounting to Rs. 2,500 crore. However, the distribution of these smartphones did not occur as per the budget declaration.

In discussions on the appropriation bill held on March 17, 2023, the Chief Minister of Rajasthan stated that due to unavoidable circumstances, the smartphones could not be distributed as initially planned. Instead, they proposed distributing smartphones to girls studying in 10th and 12th standards in government schools, colleges, ITIs/Polytechnics, and to widows and single women receiving pensions. The first phase aimed to distribute forty lakh smartphones to these beneficiaries.

The petitioner contended that this change in the distribution method, involving guarantee cards in place of smartphones, violated the Rajasthan Fiscal Responsibilities and Budget Management Act, 2005, particularly Section 5(4). This section mandates the State Government to declare the Fiscal Policy Strategy Statement for the ensuing financial year, covering aspects such as revenue receipts, expenditure, borrowing, and guarantees.

Judgment:

 After hearing arguments from the petitioner’s counsel, the Court issued a show-cause notice to the State Government, asking them to explain why the order dated August 21, 2023, which provided procedures for distributing guarantee cards instead of smartphones, should not be quashed and set aside. The Additional Advocate General (AAG), Mr. Sandeep Shah, was directed to accept the notice on behalf of all respondents.

The Court set the next date of hearing for October 5, 2023, and listed Mr. Sandeep Shah as counsel for the respondents in the daily cause list, instructing him to file a response to the writ petition before the next hearing. The matter was left for further judicial consideration.

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Written by Yagya Agarwal

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Bombay High Court Goa grants injunction preventing interference in construction work

Bombay High Court Goa grants injunction preventing interference in construction work  

Title: Goa University v. Haroon Ibrahim

Decided on: August 4, 2023

Citation: 2023 SCC OnLine Bom 1596

CORAM: HON’BLE JUSTICE M.S. SONAK

Facts of the Case

The challenge in this appeal is to the order which the Trial Court dismissed the appellant’s application for an injunction to restrain respondent from interfering with the work of construction of the compound wall to close the opening and complete the wall and restore it to the same position in which it was from 2009 to 2013 till the respondent illegally demolished the portion of the same. The appellant’s case is that from 2017 till 2021, the appellant did not repair the breach in the compound wall. However, when the appellant undertook to repair the breach, respondent objected and interfered with this work. Therefore, the appellant, though a defendant in the suit, filed an application seeking an injunction to restrain respondent no. 1 from interfering with the construction of the compound wall to close the breach. It was argued by the appellant that they have already applied for a licence to the Village Panchayat way back in 2018 but still did not receive. Even a reminder was addressed to the Panchayat in 2021.

Court Analysis and Judgement:

The court ruled that Goa University can proceed with constructing the compound wall to close the breach but only after obtaining construction permission from the Village Panchayat of Taleigao. The injunction that the applicant applied for was granted. The court clarified that the respondent will not interfere with the appellant constructing the compound wall to close the breach in the wall, provided the appellant obtains permission from the Village Panchayat of Taleigao.

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Written by- Reema Nayak

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SALIENT FEATURES OF THE WORLD INTELLECTUAL PROPERTY ORGANISATIONS

 

ABSTRACT

The World Intellectual Property Organisation was initially formed on the notion of ensuring administrative cooperation among the intellectual property Unions set up by the treaties that WIPO administers. WIPO was formed on July 14, 1967, and has its main office in Geneva, Switzerland. The history of WIPO, how it came to be what it is today, its missions, roles, and objectives, as well as how it works to advance intellectual property rights globally, will all be covered in this article. It is one of the United Nations’ 15 specialized agencies. WIPO was established in 1967 in accordance with the Convention Establishing the World Intellectual Property Organisation. Through collaboration with national governments and international organizations, WIPO promotes and protects intellectual property (IP) around the world. On April 26, 1970, when the convention went into effect, it started operating. Singaporean Daren Tang, a former director of the Intellectual Property Office of Singapore, was appointed director general on October 1 of this year.

INTRODUCTION-

 The World Intellectual Property Organisation has 193 members. However, when it joined the United Nations in 1974, the goal was changed to one of public interest or humanitarianism. The main agreement that establishes WIPO’s relationship to the UN states in Article 1 once more that WIPO’s mission is “to promote creative intellectual activity and to facilitate the transfer of technology related to industrial property to developing countries in order to accelerate economic, social, and cultural development.According to the Programme and Budget of WIPO for the year 2020-2021, the expected income for the biennium will be over 880 million Swiss francs and the expected expenditure is 768 million Swiss francs. WIPO is a unique organisation among the UN organisations in that its activities are largely self-funded. Nearly 95% of the anticipated income, according to WIPO, will come from the fees the organisation will charge for its services.

HISTORY

The Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works, respectively, were the founding documents of the World Intellectual Property Organisation (WIPO). An “International Bureau” was to be established under both Conventions. The two bureaus were combined in 1893, and thanks to the WIPO Convention, the World Intellectual Property Organisation took their place in 1970.

Paris 1883 – Paris Convention for the Protection of Industrial Property

One of the earliest treaties governing intellectual property was the Paris Convention for the Protection of Industrial Property, which was adopted in 1883. For the purpose of protecting industrial property, it created a Union. Additionally, it covers a broad range of industrial property rights, including “repression of unfair competition” and patents, trademarks, utility models, industrial designs, trade names, service marks, and geographical indications. The first international agreement to safeguard the creations of other nations’ artists was the Paris Convention.

Berne 1886 – Berne Convention for the Protection of Literary and Artistic Works

The Berne Convention, which deals with copyright, the protection of works as well as the rights of authors and rights holders, was adopted in 1886. It gives artists, such as writers, poets, painters, and musicians, ways to manage the conditions of use as well as how and by whom their works are used. Additionally, it contains clauses on minimal safeguards and unique clauses for developing nations.The three main tenets of the Convention are that works created in one of the Contracting States must receive the same level of protection in all other Contracting States (the “national treatment” principle), that protection is automatic and no formal procedure is necessary, and that protection provided by the Convention is distinct from protection provided by the country of origin of the work (the “independence” of protection principle).

1891 – Madrid Agreement Concerning the International Registration of Marks

The first “special arrangements for the protection of industrial property” were established in 1891 by nine of the 14 parties to the Paris Convention for the Protection of Industrial Property. It established the Madrid System, the main global system for facilitating the registration of trademarks in numerous jurisdictions worldwide, along with the Protocol Relating to the Madrid Agreement (1989).

The French abbreviation BIRPI was more commonly used to refer to The United International Bureaux for the Protection of Intellectual Property, 1893. This Swiss-based organisation served as WIPO’s forerunner.

FUNCTIONS

  1. Assisting in the development of campaigns to strengthen IP protection globally and to harmonize national legislation in this area,
  2. signing international agreements on the protection of intellectual property,
  3. Utilising the managerial responsibilities of the Paris and Berne Unions,
  4. providing technical and legal assistance in the area of IP, gathering and disseminating data, conducting studies and publishing the results, ensuring the performance of services facilitating international IP protection, and taking any other appropriate measures

The most significant task performed by WIPO is the administration of multilateral international conventions, which involves depositing treaties, state instruments of conflict settlement, ensuring treaties review, etc.

 

Since 1998, the WIPO Worldwide Academy has been training professionals in the field of intellectual property protection. This academy offers a distance learning facility where you can learn using the internet. The WIPO Arbitration and Mediation Centre was established in 1994 and aids in resolving disputes.

Strategic Goals of WIPO

WIPO operates under a five-year planned format; the current plan, which is in effect, runs from 2017 to 2021. WIPO creates 5-year strategic goals, Implementing Activities, and Milestones, and plans their growth in accordance with those.

WIPO’s Strategic Goals and Programs are aligned with the priorities set in the 2030 Agenda. Since 2018, the WIPO Program and Budget establishes a link between the Organization’s Strategic Goals and the SDGs. Under each of the concerned Strategic Goals, a wide range of programs and activities involving all the Organization’s Departments, contribute to the SDGs. The total number of Programs linked to the SDGs amount to twenty out of a total of thirty-one Programs. WIPO’s development cooperation, technical assistance and capacity building activities are strategically placed to deliver support to its Member States as they integrate the SDGs in their national development plans[1]

GOAL -1 Utilising IP assets to foster collaboration and advance research and development (R&D) for malaria, TB, and neglected tropical diseases (NTDs) . The Special Programme for Research and Training in Tropical Diseases, among other things, must be established and maintained as part of the implementation activities for the same objective. A key component of the implementation activities is the creation of new partnerships that can address urgent needs and offer help and support. This will also call for an increase in the number of business providers that can provide resources and assistance for WIPO operations.

 

GOAL -2

is to quicken the development of promising substances or leads. Assisting collaborators in securing funding from donor organisations is one of the implementation activities for this, which will hasten the process. The projects with the greatest potential for the compound or lead will be given the highest priority and will advance quickly to later stages of evaluation. By doing this, we hope to connect two to three partnerships or collaborations per year with appropriate funding.

GOAL -3  To increase the world’s ability to manage IP and conduct biomedical research. The activities of implementation include helping member organisations build their capacity and offering them research fellowships at prestigious research institutions to do the same. Two to four training sabbaticals per year are a key milestone for achieving this objective.

GOAL -4

Convey the positive impact that IP has on innovation for NTDs, malaria, and TB. Increased information dissemination about the role of IP for R&D in NTDs, malaria, and TB is one of the implementation activities. This is the technology-driven objective to address the current problems. The provision of a user-friendly website containing all the resources available that would aid in the formation of partnerships is a milestone for this goal, and it should be updated yearly based on user feedback. Additionally, this will make at least six presentations at subject-matter meetings and publish at least four articles in journals and magazines.

CONCLUSION

WIPO demonstrates the evolution and necessary adjustments that were made to reach this point from the time when it started in 1883 with the Paris Convention to the present, in which form and structure it is known to people. It demonstrates the growth of an organisation and this growth has a lot to do with the fact that it joined the United Nations in 1974. From an idea that would deal with intellectual property related issues to being a flag bearer for gender equality on a global scale.

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[1] https://sustainabledevelopment.un.org/index.php?page=view&type=30022&nr=2580&menu=3170

Written by-  Steffi Desousa

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Recording Conversation on Telephone Between the Accused Persons Admissible as Evidence if Obtained Illegally – Allahabad High Court.

Title: Mahant Prasad Ram Tripathi vs. State of U.P.

Decided on : 23- August-2023.

 

CRIMINAL REVISION NO. – 935 of  2023

 

CORAM:  HON’BLE. JUSTICE SUBHASH VIDYARTHI.

 

Introduction :

This observation was made by  Justice Subhash Vidyarthi’s  in response to a revision petition filed in opposition to a trial court’s ruling to discharge an Accused.

Phone recording was digitally recorded by the C.B.I where both the accused were discussing   (Haider had come and he has paid 6%) , Counsel have prepared the detailed submission on the issue of recorded conversation obtained illegally after that court have proceeded to examine the issues.

Applicant sought the discharge under the section 227 of CrPC and the trial court have rejected the application and his counsel urged that section 5 of the Indian Telegraph Act permits interception of communication only in certain  situation .

 

Court Analysis :

Court have also referred many cases –

  • State (NCT of Delhi ) Navjot Sandhu (2005)
  • State V. N.M.T Joy Immaculate (2004)
  • Gayatri Prasad Prajapati V. Directorate of Enforcement 2023.

After the analysis court noticed that conversation by the telephones as recorded in the electronic voice recorder they have additionally submitted many other evidences so  Court have uphold the decision of the trial court.

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Written by- Pratik Upadhyay

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