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Katchatheevu Island issue – Political turmoil over Sovereignty and Fishermen Rights: India v/s Sri Lanka

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Introduction

Katchatheevu Island is a very small and uninhabited island spanning 285 acres in the Palk Strait between India and Sri Lanka. It is spread covers around 1.6 km in length and slightly over 300 m wide at its widest point. It’s in proximity to both the countries. It is situated northeast of Rameshwaram, approximately 33 km from the Indian coast, and it lies around 62 km southwest of Jaffna, Sri Lanka’s northernmost point. The only structure on Katchatheevu is St. Anthony’s Church, built in the early 20th century. During an annual festival, Christian clergy from both India and Sri Lanka jointly conduct services, drawing pilgrims from both nations. However, despite the occasional influx of people, Katchatheevu is unsuitable for permanent habitation due to the absence of a freshwater source on the island. The geographical location of the island and rich fishing ground around the island makes it a point of contention between the two countries.

History on the sovereignty of Katchatheevu Island

The island during the early medieval period was under the control of Sri Lanka’s Jaffna kingdom. But, by the end of 17th century, it became a part of the Ramnad kingdom based in Ramanathapuram, India. In the British reign, it was administered as part of the Madras Presidency. From the early 1921, both India and Sri Lanka asserted their claims over the island to decide maritime fishing boundaries. After Indian Independence and establishment of Sri Lanka as a separate dominion, the status of Katchatheevu Island became a matter of dispute. While, Sri Lanka asserted its sovereignty over Katchatheevu by citing the Portuguese occupation of the island from 1505 to 1658 CE as evidence of jurisdiction, India relying on the various reports argued that the former Raja of Ramnad held possession of it as part of his estate and regularly collected taxes until the Abolition of Zamindari System.

Following such disputes the then Prime Minister of India Indira Gandhi entered into a bilateral agreement with the Sri Lankan Government, wherein the island was officially ceded to Sri Lanka to resolve the maritime boundary issues in the region. However, since then it has led to a serious dispute especially among the fishermen of both the countries. The Congress Government defended its stance by stating that the decision regarding the island was made after thorough research of historical and other records pertaining to the island. The Katchatheevu Island involves the issue of fishing rights and the maritime security. Indian fishermen have traditionally used the water around the island for fishing purposes. But, consequent to the bilateral agreement in 1974, there have been numerous instances of arrests and detentions of the Indian fishermen and occasional violence. These conflicts have also caused a lot of diplomatic strains between India and Sri Lanka.

Life-line to the Indian Fishermen

The Indian fishermen mostly from the Tamil Nadu regions venture around the island for fishing and often encounter serious actions from the Sri Lankan authorities.

Article 4 of the Agreement stipulated that each State shall have sovereignty and exclusive jurisdiction and control over the waters, the Islands, the Continental Shelf and the subsoil on its side of the Maritime boundary in the Palk Strait and Palk Bay and Katchatheevu Island was determined as falling within Sri Lankan waters. The following article added that “Indian fishermen and pilgrims would enjoy access to the island as before and would not be required by Sri Lanka to obtain travel documents or visas for these purposes”.

During the time when the DMK governed Tamil Nadu in 1974, it contended that the Congress government had not considered its perspectives before signing the agreement with Sri Lanka. The party had organised several protests in response.

Under the leadership of J Jayalalithaa, the Tamil Nadu government consistently raised concerns about the issue and even resorted to legal action.

In anticipation of the visit by Sri Lankan Prime Minister Ranil Wickremesinghe to India last year, Tamil Nadu Chief Minister M K Stalin had written to PM Modi, urging for discussions on the matter. He later corresponded with PM Modi again after numerous fishermen were detained by the Sri Lankan authorities.

In his letter dated February this year, Stalin further emphasised the impact on the livelihood of Tamil fishermen, citing the increasingly limited access to traditional fishing waters, which threatens the economic stability and social fabric of the communities dependent on the fishing industry.

Reasons for the spotlight on the issue

The report, published by The Times of India on March 31st and cited by Modi, was based on documents obtained by Tamil Nadu BJP Chief K Annamalai. It appeared to indicate that past Congress governments did not attach much importance to the island located about 20 km from the Indian coastline. The issue is at the centre of a war of words between the BJP and the opposition Congress, with Prime Minister Narendra Modi accusing the Indira Gandhi government of callously ceeding the territory to Colombo. After Modi cited a media report to criticise the 1974 India Sri Lanka agreement on the island, Congress president Mallikarjun Kharge linked the premier’s stance to the upcoming general elections. Kharge likened the island’s ceding to the swapping of enclaves between India and Bangladesh in 2015 under Modi’s leadership and said both were friendly gestures towards neighbouring countries.

Relevance of Berubari Case to the present issue

The Nehru-Noon Agreement proposed to divide Berubari into two equal halves between India and Pakistan and the division was given effect by promulgating the Constitution (Ninth Amendment) Act, 1960. The Supreme Court’s ruling meant that a constitutional amendment would be needed to transfer Indian Territory to another country. While, the Constitution was amended in 1960, Berubari still remained a part of India. In light of such rulings, secession of Katchatheevu Island to the Sri Lankan Government which was done without any Constitutional amendment has to be overlooked.

Other Importance of Island

Geopolitical Location: Katchatheevu is strategically located in the Palk Strait, which serves as a crucial maritime route connecting the Bay of Bengal with the Gulf of Mannar and the Indian Ocean.

Security Concerns: Control over Katchatheevu provides India with strategic leverage in monitoring maritime activities in the region, including movements of vessels and potential security threats.

Fishing Resources: The waters around Katchatheevu are rich in marine resources, including fish and other seafood, which are vital for the livelihoods of fishermen from Tamil Nadu.

Commercial Potential: Control over Katchatheevu could facilitate the development of commercial activities such as fishing, aquaculture, and tourism, thereby boosting economic growth in the region.

Historical and Cultural Claims: Katchatheevu holds historical significance for India, with claims of traditional fishing rights by fishermen from Tamil Nadu dating back centuries. The island has historical and cultural significance for the Tamil communities in India and Sri Lanka, as it is associated with the legendary Tamil sage Thiruvalallur.

Concerns around the Island

The Restrictions on fishing activities around Katchatheevu imposed by Sri Lanka have led to humanitarian concerns, including instances of arrests, harassment, and loss of lives among Indian fishermen. It is essential from a humanitarian perspective to ensure the welfare and safety of fishermen and their families who depend on the waters for their sustenance. Further, Katchatheevu’s proximity to the Indian coast makes it a potential hub for smuggling activities, including arms, drugs, and contraband.

Conclusion

Katchatheevu Island despite its small size holds a large significance. It remains a complex issue between India and Sri Lanka due to its strategic location, impact on fishing rights, and cultural significance. The transfer of the island to Sri Lanka has strained bilateral ties and highlighted the need for a comprehensive resolution addressing maritime security, livelihood concerns of fishermen, and respecting the historical sentiments of both nations. It has turned out to be a blame game amidst the upcoming Lok Sabha polls instead to tackling the key concern around it. hence, resolving this long-standing dispute is the need of the hour to re-establish mutual understanding and fostering cooperation and stability in the region.

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A way towards transparency : CCPA on dark patterns

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Introduction :

Dark patterns are a consumer tactic that is used to manipulate the choices of the user. For example, when someone is purchasing from an online store, the price of the product is exclusive of the taxes and delivery charges. The price the consumer opted for is more than what was shown in the initial stage. Dark pattern is a blanket term in which the user has to deliberately make a choice to consume what they need. There are many circumstances where exploitation of the consumer takes place due to these underlying dark patterns. Examples include unnecessary pop-up boxes which automatically drive the consumer away from the product or service they require[1].

The government of India has legislated the use of these patterns in the guidelines issued by the Consumer Protection Authority of India called the “Guidelines for Prevention and Regulation of Dark Patterns, 2023”

Other authorities on Dark Patterns :

In India, the major shield consumers have against any exploitation is the Consumer Protection Act, of 2019. Section 2(9)[2] defines consumer rights and it includes the right to be protected against harmful marketing and, right to be informed about the nature of the goods or services. The act of tricking a consumer into buying something or not providing the whole truth initially can be labelled as a violation of consumer rights along with unfair trade practices dealt with under Section 47[3] of the Act.

In the event of a violation of consumer rights, the Central Consumer Protection Authority issues guidelines to prevent unfair trade practices. Noncompliance with any orders passed by CCPA can lead to imprisonment of 6 months or a fine of up to Rs.20 lakhs or both[4]. In addition, the CPA punishes creating deceptive or misleading advertisements that harm customers’ interests. Penalties include up to two years in prison and a fine of up to Rs 10 Lakh. Moreover, a maximum sentence of five years in prison and a maximum fine of Rs.50 lakh may be applied for repeat offences. These penalties can also be applied for each additional violation[5].

The E-commerce Rules, 2020 is a regulatory framework which governs the goods and services bought online. It prohibits all sorts of unfair trade practices causing the dominant position of one particular company. Rule 4(3)[6] provides that “ No e-commerce entity shall adopt any unfair trade practice, whether in the course of business on its platform or otherwise.”

On June 15, 2023 the Advertising Standards Council of India, a self-regulatory body released the guidelines called the “Guidelines for Online Deceptive Design Patterns in Advertising”. It aimed to prevent drip pricing, which is the concept of deceiving the consumers from the actual prices at the end. The practice of baits in online advertisements were also prohibited by the guidelines or providing alternative products instead of the original one. Alongside these prohibitions, the guidelines also focussed on preventing disguised advertisements from other sites in the product page.

Guidelines for Prevention and Regulation of Dark Patterns, 2023

The central consumer protection authority exercises of its powers under Section 18 of the Consumer Protection Act, 2019[7] and issued the guidelines on November 30th, 2023. The guidelines define dark patterns as :

“ “Dark patterns” shall mean any practices or deceptive design patterns using UI/UX (user interface/user experience) interactions on any platform; designed to mislead or trick users into doing something they originally did not intend or want to do; by subverting or impairing the consumer autonomy, decision making or choice; amounting to misleading advertisement or unfair trade practice or violation of consumer rights;”[8]

Under Section 5 of the guidelines, if any person or platform does something that is under Annexure I, will be said to have engaged in dark patterns. Annexure I of the guidelines contains the specified dark patterns which are strictly prohibited. There are in total 10 specified dark patterns which are prohibited.

Specified Dark Patterns :

The CCPA has outlined specific deceptive designs or illustrations as to what constitutes a dark pattern, they are[9] :

  1. False Urgency : It means falsely implying the product is running out of stock or creating a sense of urgency to mislead a user into buying the product. For example, A website showing only 2 are in stock while 30 others are looking to buy the same thing falsely is prohibited.
  2. Basket sneaking : It means the inclusion of additional products which was not added by the user during checkout wherein the total amount payable has increased as a result. However, in the proviso it was mentioned that providing complementary samples is not basket sneaking.
  3. Confirm Shaming : It means when the provider uses shame, guilt or fear in the user for not buying or using their product. For example, A platform that adds a charity in the basket using a phrase “charity is for rich, I don’t care.” would be deemed as a dark pattern.
  4. Forced Action : It means when the user is forced to take some action which would require them to buy an additional product or sign up for a service. Eg: Forcing the user tp subscribe to a newsletter to purchase a product.
  5.  Subscription trap : This occurs when the user is unable to cancel their subscription or when the process is too lengthy or elaborate. It also includes forcing auto-debits without easy cancellation policy.
  6. Interface interference : It means designing a feature wherein the user is manipulated into doing something they normally wouldn’t do if not for the feature. For example, An ‘X’ icon on the top-right corner of a pop-up screen leads to opening-up of another ad rather than closing it.
  7. Bait and Switch : It refers to the practice of advertising a particular outcome based on the user’s action but deceptively serving an alternate outcome. Eg : A seller offers a quality product at a cheap price but when the consumer is about to pay/buy, the seller states that the product is no longer available and instead offers a similar looking product but more expensive.
  8. Drip Pricing : Means when the prices are changed or different while checkout would be referred to as a dark pattern.
  9. Disguised advertisement : It means a practice of posing, and masking advertisements as other types of content such as user-generated content or new articles or false advertisements.
  10. Nagging : It refers to when a website causes a lot of interruptions while browsing such as requests, options, information which are unrelated to the purchase disrupting the intended transaction. Eg : Websites asking a user to download their app, again and again.

Conclusion

This guideline can act as a step towards transparency in the e-commerce market regime of India. However, it also requires the authorities to keenly ensure companies follow it and in the right circumstances curb these actions. The objective of the guidelines is to provide a better online experience to users and prevent them from exploitation. The same can only be brought into reality if there is proper enforcement.

“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- Sanjana Ravichandran

[1] Gargi Sarkar, Govt Issues List of 13 Dark Patterns Plauging Ecommerce Websites, INC42 (Dec 04, 2023) https://inc42.com/buzz/govt-issues-list-of-13-dark-patterns-plaguing-ecommerce-websites/

[2] The Consumer protection Act, 2019 No. 36, Acts of Parliament, 2019 (India)

[3] Sec 47, “unfair trade practice” means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice. The Consumer protection Act, 2019 No. 36, Acts of Parliament, 2019 (India)

[4] Advait Luthra, Ananya Mishra, India: ASCI Guidelines On Dark Patterns And The Way Forward, MONDAQ, (Aug 29, 2023) https://www.mondaq.com/india/dodd-frank-consumer-protection-act/1358384/asci-guidelines-on-dark-patterns-and-the-way-forward#:~:text=Dark%20patterns%20are%20basically%20user,for%20reviews%2C%20and%20so%20on.

[5] The consumer Protection (E-commerce) Rules, 2020.

[6] The consumer Protection (E-commerce) Rules, 2020.

[7]  Guidelines for Prevention and Regulation of Dark Patterns, 2023

[8] Section 2(6) of Guidelines for Prevention and Regulation of Dark Patterns, 2023.

[9] Annexure 1 of  Guidelines for Prevention and Regulation of Dark Patterns, 2023.

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India that is Bharat: A legal perspective (NCERT Panel is set to use Bharat instead of India in textbooks)

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NCERT to change India Into Bharat in textbooks:

The recommendation of a high-level committee appointed by the National Council of Educational Research and Training (NCERT) to update the social sciences curriculum for schools is to replace the word “India” in school textbooks with the word “Bharat,” which has infuriated opposition politicians. The NCERT stated that it was “too premature” to comment on the matter, emphasizing that the panel’s recommendations had not yet been accepted.

four months ago, the idea was submitted to the NCERT, which approved the suggestion to substitute “Bharat” for “India.” Referencing the Hindu Vishnu Purana, he argued that the term “Bharat” was a more fitting moniker for the nation.

Prof. Shinde stated, “Everyone on the panel has decided to replace India with Bharat.” Additionally, the committee suggested that all Indian dynasties be included equally in textbooks rather than just one or two. We have also suggested that the syllabus be updated to reflect the ongoing national discoveries. Prof. Shinde said, “These discoveries can be historical or archaeological, among other things.

The history of the name India:

The name India originated from a geographical aspect, the name India originates from the river Sindhu. Originally the word India did not exist the Aryans in 600 BCE to 300 BCE used to call the Indus River Sindhu River (Sindhu being a Sanskrit word). Then a Greek explorer named Scylax of Caryanda explored the river Indus and it gave birth to the word Indos. And with the passage of time, Indos became India. This name was also used for the civilization which was across the Sindhu/Indus River and the civilization we are talking about is the Harrapan Civilisation. Which was also called the Indus Valley Civilisation.

Origin of the word Bharat:

When we talk about the name Bharat it is not a geographical or a foreign term given to us, but quite the opposite to that it has been a part of our culture and history for a very long time. The first time ever that the term Bharat was used in the oldest Vedic Sanskrit text the Rigveda and it was written by Ved Veyas. The term Bharat is used as a reference to Bharata who was the king of the Bharata clan. King Bharata won the battle between 10 kings after which for the first time our country was united.

Another significant indication of Bharat being attached to our culture and history is the holy book “Mahabharat”, the book also talks about the Bharata clan and the battle of Mahabharat that took place in the northern part of our country. Apart from these references in the books, around 2100 years ago in Odisha in the Hathigumpha Caves, the word Bharatvarsh was carved. The term Bharatvarsh was used for the gigantic region of our country and not the whole country.

In the Vishnu Purana, there is a geographical description of Bharat. It says, “Uttaram yat samudrasya, Himadreschaiva dakshinam, varsham tad Bharatam nama Bharati yatra santatih”. It means that Bharatam, or Bharat is the country that lies to the north of the ocean and to the south of the snowy mountains.[1]

Constitutional say on the term Bharat:

The adaption of the term Bharat for our country is not something new and alien introduced by the government, rather it also has been a part of our constitution Article 1 states:

“India, that is Bharat, shall be a Union of States.
The States and the territories thereof shall be as specified in the First Schedule
⁠The territory of India shall comprise —
(a) the territories of the States;
(b) the Union territories specified[2]

So the government’s initiative to use the term Bharat instead of India is not unconstitutional or illegal. Apart from just being lawful the term Bharat connects us to the roots of our country and directs us in the direction of understanding the origin and history of our country. The same history has been manipulated and erased in the Mughal and the Colonial period.

Rashtrapati Bhawan extended invites for a G-20 luncheon on September 9 on behalf of the “President of Bharat,” which gave rise to the India-Bharat dispute last month. The usage of the word Bharat in English has been condemned by opposition political parties since it has been a long-standing desire of the RSS.

The administration of Prime Minister Narendra Modi has often said that they lean towards using the term “Bharat.” In 2022, PM Modi made a number of promises to the people during his Independence Day address, one of which was to eradicate all signs of slavery. The adoption of Bharat as the new name might be seen as a symbolic move in the direction of valuing the cultural character of our country.

Conclusion:

Adopting the name Bharat instead of India for our country is a well-thought-out step taken in the positive direction, this will help the minds of the nation move past the colonial norms and practices. For the new generation, this step is crucial as it will connect them with our original roots and will help in making them keen on our rich culture and history.

“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 falls into the 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: Sushant Kumar Sharma

 

[1] Srishti Singh Sisodia, Explained | Origin of the name ‘Bharat’ – India’s past, present and future, WION (Sep 6,2023,4:30PM), https://www.wionews.com/india-news/explained-origin-of-bharat-indias-past-present-and-future-632906

[2] INDIA CONST. art. 1, cl. 1.

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

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“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.).  7 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  

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Written by- Anushka Satwani

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

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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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