#inheritance laws in Pakistan

[azamchadvocate]

What Should I Do if an Heir Refuses to Vacate the Property?

In the Pakistani legal landscape, disputes arising from a legal heir’s refusal to vacate inherited property represent complex intersections of statutory rights, religious mandates, and evolving jurisprudential doctrines. These conflicts, often rooted in familial discord, are not merely personal grievances but legal transgressions that obstruct the equitable distribution of inheritance, a process…

[seoexpert1120]

Law Firms in Karachi Pakistan

Business Name: M/s. Osmani Law Associates

About Us: Osmani Law Associates is a premier full-service law firm based in Karachi, Pakistan, with a strong presence across the country and internationally. Recognized among the top law firms in Pakistan, we provide high-quality, solution-oriented legal services to individuals, businesses, institutions, and multinational corporations.

We specialize in a broad range of legal areas, including corporate law, family law, intellectual property, immigration, real estate, and litigation. Our team of experienced lawyers offers expert legal consultation and representation in matters such as divorce, child custody, company incorporation, tenancy disputes, labor laws, banking and finance, taxation, and more. We also provide legal opinions, contract drafting, and dispute resolution through arbitration and mediation.

At Osmani Law Associates, we believe in working closely with our clients to understand their unique legal needs and provide tailored solutions. Our commitment to professionalism, integrity, and excellence ensures that we achieve the best possible outcomes. Whether dealing with complex corporate agreements or sensitive family law issues, we approach every case with dedication and expertise. Know more here Law Firms in Karachi Pakistan

With vast experience in litigation, legal consultancy, and representation in courts, tribunals, and arbitration forums, we are dedicated to protecting our clients' rights and interests. If you are facing a legal challenge and need reliable legal assistance, Osmani Law Associates is here to help. Contact us today for expert legal advice and representation.

Business Address: Suite # 17, 7th Floor, Office Towers, Rimpa Plaza, M. A. Jinnah Road, Karachi. Pakistan.

Cell & WhatsApp # +92- 321-2770225

Office Phone # +92- 21- 32762286

Website: www.osmanilaw.com

Email: info@osmanilaw.com.

Year of establishment: 2000

Country Name: Pakistan

[dandelionh3art]

Sharia, or Islamic law, is a framework derived from Islam's sacred texts—the Quran (the holy book of Islam) and the Hadith (accounts of the sayings and actions of the Prophet Muhammad). It provides guidelines to help Muslims align their lives with their faith in matters such as personal conduct, family relations, finance, and, in some interpretations, criminal law.

Core Sources of Sharia Law

1. Quran: The primary and most authoritative source of Sharia, believed by Muslims to be the direct word of God.

2. Hadith: Recorded sayings and actions of the Prophet Muhammad, which offer detailed guidance on matters not explicitly covered in the Quran.

3. Ijma (Consensus): Agreement among Islamic scholars, especially for issues not explicitly covered in the Quran and Hadith.

4. Qiyas (Analogical Reasoning): Reasoning based on known teachings to apply Sharia to new situations.

Scope of Sharia Law

Sharia covers a range of areas in a Muslim’s life, not just legal aspects:

1. Personal Conduct: Guidelines for daily life, including worship, diet, dress, and moral behavior.

2. Family Law: Rules around marriage, divorce, inheritance, and child custody. Many countries incorporate these elements into family or civil law.

3. Financial Transactions: Ethical principles for trade and finance, such as prohibitions on charging interest (usury) and a focus on fairness.

4. Criminal Law: While often emphasized in discussions, criminal law is only one part of Sharia. It includes guidelines for offenses and their punishments, though specific applications vary by country and interpretation.

Misconceptions about Sharia Law

A common misconception, especially outside the Muslim world, is that Sharia is a uniform code advocating harsh punishments and threatening non-Muslims. In reality:

Sharia is not monolithic; it varies widely in interpretation and practice depending on cultural, historical, and regional factors. Islamic countries like Saudi Arabia, Iran, and Pakistan may have stricter interpretations, while others, such as Turkey or Indonesia, limit Sharia’s role to family and personal law.

Non-Muslims are typically not subject to Sharia. In most cases, Sharia laws apply primarily to Muslims. In countries where Sharia has a role in the legal system, non-Muslim communities are often exempt or subject to their own laws for family and religious matters.

Modern Application of Sharia Law

Today, Sharia’s application is highly diverse. Some Muslims interpret it primarily as a moral code guiding individual conduct, while others may apply its legal aspects within community or national laws. Within the Islamic world, debates continue on how Sharia should intersect with contemporary legal standards, especially on issues of human rights, gender equality, and religious freedom.

Ultimately, Sharia is a complex and layered system that, for Muslims, provides a spiritual and moral guide aimed at aligning life with what they believe is God’s will. Its application varies significantly and does not inherently threaten non-Muslims or impose religious laws on them.

[roseoftrafalgar]

Happy International Snow Leopard Day! ❄️ Ft. Law helping a snow leopard cub with a minor arm injury.

-> for some snow leopard facts, click the readmore!

Snow leopards are sometimes referred to “ghosts of the mountains” for their elusiveness and solitary nature.

They are found in the icy mountainous regions of Central Asia (i.e Kazakhstan, Kyrgyzstan, Uzbekistan, Tajikistan, etc.), South Asia (i.e. Nepal, Bhutan, Afghanistan, Pakistan, India, etc.), Russia, Mongolia, and China.

In northern Dolpo Nepalese folklore, it is sometimes believed that snow leopards carry the sins of their past lives & whoever kills them “inherits” their sins.

Often opportunistic hunters and less aggressive compared to other big cats when it comes to hunting their prey, as they will retreat from a kill if another predator threatens them. However, they are able to kill prey 3 times their own weight.

They’re more related to tigers than leopards.

They can jump 6 times their body length.

They typically have blue, green, or grey eyes & can see 6 times better than humans.

Their short nasal cavity warms the air they inhale before entering their lungs.

Their tails can serve as scarves & they sometimes like to nom on them.

-> Visit Snow Leopard Trust to learn more about snow leopards & conservation efforts, as there is less than around 10,000 in the wild!

[indizombie]

Pakistan inherited the blasphemy law from the British in the 19th Century. In the 1980s, Islamabad introduced stiffer penalties, including the death sentence for insulting Islam. Around 96% of Pakistan's population is Muslim. Other countries, including Iran, Brunei, and Mauritania also impose capital punishment for insulting religion. Religion-fuelled violence in Pakistan has risen since the country made blasphemy punishable by death, as it "bolsters violent behaviour," Iftekharul Bashar, a researcher at the think-tank RSIS who focuses on political and religious violence in South Asia, said. "The Pakistani society has experienced increased fragmentation, driven by widening economic disparities, leading to an upsurge in violence directed towards minority religious groups," Mr Bashar said. "The emergence of extremist and vigilante factions within Pakistan, some of which exhibit significant financial backing, also contributed to this trouble trend."

‘Pakistan: More than 100 arrested after churches burned’, BBC

[jaydeemainmansblog]

And and what's so special about this location in these girls and boys that's right it's the city design

No most importantly our free time you back here to this location okay

How about that right in your satellite series of small neighborhoods coming in you know the the the route where we go where we are coming down the hill and it's fill the trees and there's one lane blocked off it's like 2:00 in the morning you know the land they block off down the road so so the law so the drive is a little bit tighter and and there's less room to speed around corner so the Greyhound bus driver has to obey the speed limit or crash into a wall... No we we told you the theory New Mexico was built to allow a black or white skin satellite make Amanda fill the city up with 5000 black hair white skin girls and declare war on the white Sammy on it being better for them to be born black and white skin rather than fill his City with all white hair whites and girls 5000 of them

We have declared today of all days it is better to be warm white hair white skin because they don't need that scientific degree of heat you know you don't put them into action you don't put them on the front lines of it doesn't f****** matter if if they were born black or white skin for the element of heat you know they have short lives already for kidney.... That's right I had two daughters here Delphine and also sienna.... Hey if you're going to kill me here and and this is exactly the route that that we took oh I found I found the the Greyhound bus station at that tricky that it was Hartford... The the first stop before the George Washington bridge and again we went to both of them so so on the way home passing sienna but most importantly if you you know your city designs here here in which I nicknamed Pakistan you have the the most blessed satellite maker suit you inherited the the dream of watching over multiple kids everything one of your salad makers it's no more no longer three three or four kids you know two boys and two girls are one boy and and one girl it's more than that so so you guys are living the dream of being satellite makers and having all this responsibility of having having the kids provide job for you and I understand that

[infogems786]

NADRA Marriage Certificate Online

How to Check a NADRA Marriage Certificate Online – A Complete Guide

In Pakistan, obtaining a NADRA Marriage Registration Certificate (MRC) is crucial for legal and official matters, including immigration, family disputes, and inheritance claims. However, many people are unsure about how to check the status or verify their NADRA marriage certificate online. In this guide, we’ll explain the process, debunk common misconceptions, and highlight how Nikah Wala can assist you in obtaining and verifying your marriage certificate hassle-free.

Understanding NADRA Marriage Registration Certificate (MRC)

A NADRA Marriage Registration Certificate is a computerized document that officially records a marriage under Pakistani law. It contains essential details in both English and Urdu, making it a widely accepted legal document for various purposes, including:

Visa and immigration applications

Family registration updates

Legal proceedings in court

Name or marital status changes in official records

Is Online Verification Available for NADRA Marriage Certificates?

Despite the digital advancements in Pakistan’s documentation system, NADRA does not currently offer an online verification system for marriage certificates. Unlike CNIC verification, which is accessible through NADRA’s database, marriage certificates must be verified in person through local Union Councils, cantonment boards, or municipal authorities.

Steps to Obtain a NADRA Marriage Certificate

If you need to apply for a NADRA MRC, follow these steps:

Nikah Nama Issuance

The marriage is solemnized by a licensed Nikah Registrar.

A traditional Urdu Nikah Nama is signed by the bride, groom, witnesses, and the registrar.

Nikah Nama Registration

The Nikah Nama is submitted to the local Union Council, Cantonment Board, or Arbitration Council for official registration.

Application for NADRA Marriage Certificate

After registration, an application for the NADRA-issued MRC can be submitted to the relevant authority.

Documents Required for NADRA Marriage Certificate

Copies of the CNICs of both bride and groom

Copies of CNICs of the bride and groom’s fathers

A copy of the registered Nikah Nama

Passport-sized photographs of the couple

How to Check the Status or Verify a NADRA Marriage Certificate?

Since online verification is not available, you can check the status of your marriage certificate through the following methods:

Visit the Issuing Authority

If your certificate was issued by a Union Council, Cantonment Board, or TMA office, you need to visit the office in person for verification.

Legal Representative Assistance

If you are overseas or unable to visit, you can authorize a legal representative to verify the certificate on your behalf.

Nikah Wala Services for Hassle-Free Verification

Nikah Wala specializes in marriage documentation and can help you apply, retrieve, and verify your NADRA Marriage Certificate with minimal effort. Their team ensures all legal formalities are completed swiftly, making the process seamless for individuals and families.

Why Choose Nikah Wala for Your NADRA Marriage Certificate Needs?

Nikah Wala provides a comprehensive range of services, including:

✅ Marriage Registration Assistance – Ensuring your marriage is properly registered and documented. ✅ Document Preparation – Handling all required paperwork professionally. ✅ Legal Representation – Representing you in Union Councils and municipal offices. ✅ Online Nikah Services – Arranging legally recognized Nikah ceremonies for distant or international couples.

With expert guidance and a customer-focused approach, Nikah Wala ensures a stress-free experience, especially for overseas Pakistanis who face difficulties in document verification.

Conclusion

While NADRA does not currently offer an online verification system for marriage certificates, following the correct procedure ensures you obtain and verify your MRC without issues. Nikah Wala simplifies this process by offering expert assistance in registration, verification, and legal formalities. Whether you’re in Pakistan or abroad, their services ensure your marriage documentation is accurate and legally compliant.

For more information or to avail Nikah Wala’s services, visit their official website or contact their support team today!

[news365timesindia]

[ad_1] Paromita Das GG News Bureau New Delhi, 22nd November. The story of independent Bharat is one of remarkable resilience, but it is also deeply intertwined with decisions made during and after the Partition of 1947. These decisions have left a legacy of unresolved questions, particularly about the place of religion in governance and society. Why did approximately 30 million Muslims stay in Bharat instead of migrating to Pakistan? Why were specific policies enacted that appear to favor one community over another? This article explores these issues in depth, offering both historical context and critical analysis. Why Did 3 Crore Muslims Stay in Bharat After Partition? Partition was predicated on the two-nation theory, which suggested that Hindus and Muslims could not coexist. However, several factors influenced the decision of many Muslims to remain in Bharat: Cultural and Economic Ties: Many Muslims had deep roots in Bharat, with ancestral homes, businesses, and livelihoods tied to the land. Political Assurances: Leaders like Mahatma Gandhi and Jawaharlal Nehru assured Muslims of equal rights in the newly independent nation. Social Stratification: Not all Muslims felt connected to the political vision of Pakistan, particularly those who were economically or socially marginalized. Mahatma Gandhi’s Role in Stopping the Migration Mahatma Gandhi, a staunch advocate of communal harmony, opposed the idea of Muslims leaving Bharat. He believed that the nation’s soul lay in its pluralism and inclusivity. Gandhi’s vision of a unified Bharat transcended religious identities, and he appealed to Muslims to stay, promising them equality and security under the Bharatiya Constitution. Why Did Sardar Patel Not Become Prime Minister? Sardar Vallabhbhai Patel, a nationalist with strong leadership credentials, was seen as a potential Prime Minister. However, the Indian National Congress chose Jawaharlal Nehru for several reasons: Nehru’s Global Appeal: Nehru was perceived as a modern, internationally respected leader, suited to steer Bharat on the global stage. Gandhi’s Influence: Gandhi favored Nehru, believing his secular and socialist vision was essential for Bharat’s unity. Ideological Balance: Nehru’s inclusive ideology was seen as a counter to the communal tensions of the time. Muslim Education Ministers: 1947–1971 From Maulana Abul Kalam Azad to subsequent ministers, Muslims held the education portfolio during Bharat’s formative years. This was partly because leaders like Azad were intellectuals with significant contributions to Bharat’s independence movement and were trusted to uphold secular values. However, this concentration raised concerns about bias in educational policies and curriculum design. Why Was the Waqf Board Established? The Waqf Board was set up to manage Muslim religious and charitable properties. Critics argue that such boards create an imbalance, as similar provisions are not available for Hindu institutions. In contrast, temples are often regulated by state governments, limiting their autonomy and financial control. All India Muslim Personal Law Board vs. Hindu Laws The Muslim Personal Law Board was created to safeguard the religious and cultural practices of Muslims. However, Hindu laws, such as those governing marriage, inheritance, and property, were codified under the Hindu Code Bills. The disparity between uniform civil laws and personal laws for minorities remains a contentious issue. Rise in Mosques and Decline of Temples The number of mosques in Bharat has grown significantly since independence. While some attribute this to natural population growth, others raise concerns about alleged encroachments and conversions of Hindu temple sites into mosques. The cases of Babri Masjid, Kashi Vishwanath, and Mathura continue to be points of historical and legal contention. Secularism in the Constitution: A 1976 Emergency Legacy The term “secularism” was inserted into the Preamble of the Bharatiya Constitution during the Emergency in 1976.

Critics argue that this amendment lacked public debate and was imposed unilaterally, creating a secular framework that some perceive as favoring minorities. Why More Muslim-Oriented Laws After 1947? Post-independence policies were often designed to address the fears of minorities. However, critics believe that this led to an appeasement strategy, alienating the majority community. The Shah Bano case (1985) and the subsequent Muslim Women (Protection of Rights on Divorce) Act (1986) are examples of legal decisions perceived as pandering to minority sentiments. Social Controversies: Spitting on Vegetables and Cultural Frictions Incidents like vendors spitting on vegetables have fueled communal tensions. While such acts should be addressed as public health violations, they often escalate into religious debates, reflecting the fragile interfaith relations in Bharat. Conclusion: Striving for Balance in Bharat Bharat’s post-independence journey has been fraught with challenges in balancing its pluralistic ideals with the realities of communal politics. Policies aimed at protecting minorities have sometimes alienated the majority, leading to accusations of favoritism and undermining the spirit of equality. In moving forward, Bharat must address these historical grievances while fostering an environment of mutual respect. A Uniform Civil Code, equitable governance of religious institutions, and transparency in lawmaking could help bridge the divides that continue to shape Bharat’s socio-political landscape. The dream of a united, harmonious Bharat requires honest dialogue, justice, and an unwavering commitment to the principles of democracy and equality for all citizens.   The post Bharat’s Journey Post-1947: Examining the Complexities of Religious Policies and Political Choices appeared first on Global Governance News- Asia's First Bilingual News portal for Global News and Updates. [ad_2] Source link

[news365times]

[ad_1] Paromita Das GG News Bureau New Delhi, 22nd November. The story of independent Bharat is one of remarkable resilience, but it is also deeply intertwined with decisions made during and after the Partition of 1947. These decisions have left a legacy of unresolved questions, particularly about the place of religion in governance and society. Why did approximately 30 million Muslims stay in Bharat instead of migrating to Pakistan? Why were specific policies enacted that appear to favor one community over another? This article explores these issues in depth, offering both historical context and critical analysis. Why Did 3 Crore Muslims Stay in Bharat After Partition? Partition was predicated on the two-nation theory, which suggested that Hindus and Muslims could not coexist. However, several factors influenced the decision of many Muslims to remain in Bharat: Cultural and Economic Ties: Many Muslims had deep roots in Bharat, with ancestral homes, businesses, and livelihoods tied to the land. Political Assurances: Leaders like Mahatma Gandhi and Jawaharlal Nehru assured Muslims of equal rights in the newly independent nation. Social Stratification: Not all Muslims felt connected to the political vision of Pakistan, particularly those who were economically or socially marginalized. Mahatma Gandhi’s Role in Stopping the Migration Mahatma Gandhi, a staunch advocate of communal harmony, opposed the idea of Muslims leaving Bharat. He believed that the nation’s soul lay in its pluralism and inclusivity. Gandhi’s vision of a unified Bharat transcended religious identities, and he appealed to Muslims to stay, promising them equality and security under the Bharatiya Constitution. Why Did Sardar Patel Not Become Prime Minister? Sardar Vallabhbhai Patel, a nationalist with strong leadership credentials, was seen as a potential Prime Minister. However, the Indian National Congress chose Jawaharlal Nehru for several reasons: Nehru’s Global Appeal: Nehru was perceived as a modern, internationally respected leader, suited to steer Bharat on the global stage. Gandhi’s Influence: Gandhi favored Nehru, believing his secular and socialist vision was essential for Bharat’s unity. Ideological Balance: Nehru’s inclusive ideology was seen as a counter to the communal tensions of the time. Muslim Education Ministers: 1947–1971 From Maulana Abul Kalam Azad to subsequent ministers, Muslims held the education portfolio during Bharat’s formative years. This was partly because leaders like Azad were intellectuals with significant contributions to Bharat’s independence movement and were trusted to uphold secular values. However, this concentration raised concerns about bias in educational policies and curriculum design. Why Was the Waqf Board Established? The Waqf Board was set up to manage Muslim religious and charitable properties. Critics argue that such boards create an imbalance, as similar provisions are not available for Hindu institutions. In contrast, temples are often regulated by state governments, limiting their autonomy and financial control. All India Muslim Personal Law Board vs. Hindu Laws The Muslim Personal Law Board was created to safeguard the religious and cultural practices of Muslims. However, Hindu laws, such as those governing marriage, inheritance, and property, were codified under the Hindu Code Bills. The disparity between uniform civil laws and personal laws for minorities remains a contentious issue. Rise in Mosques and Decline of Temples The number of mosques in Bharat has grown significantly since independence. While some attribute this to natural population growth, others raise concerns about alleged encroachments and conversions of Hindu temple sites into mosques. The cases of Babri Masjid, Kashi Vishwanath, and Mathura continue to be points of historical and legal contention. Secularism in the Constitution: A 1976 Emergency Legacy The term “secularism” was inserted into the Preamble of the Bharatiya Constitution during the Emergency in 1976.

Critics argue that this amendment lacked public debate and was imposed unilaterally, creating a secular framework that some perceive as favoring minorities. Why More Muslim-Oriented Laws After 1947? Post-independence policies were often designed to address the fears of minorities. However, critics believe that this led to an appeasement strategy, alienating the majority community. The Shah Bano case (1985) and the subsequent Muslim Women (Protection of Rights on Divorce) Act (1986) are examples of legal decisions perceived as pandering to minority sentiments. Social Controversies: Spitting on Vegetables and Cultural Frictions Incidents like vendors spitting on vegetables have fueled communal tensions. While such acts should be addressed as public health violations, they often escalate into religious debates, reflecting the fragile interfaith relations in Bharat. Conclusion: Striving for Balance in Bharat Bharat’s post-independence journey has been fraught with challenges in balancing its pluralistic ideals with the realities of communal politics. Policies aimed at protecting minorities have sometimes alienated the majority, leading to accusations of favoritism and undermining the spirit of equality. In moving forward, Bharat must address these historical grievances while fostering an environment of mutual respect. A Uniform Civil Code, equitable governance of religious institutions, and transparency in lawmaking could help bridge the divides that continue to shape Bharat’s socio-political landscape. The dream of a united, harmonious Bharat requires honest dialogue, justice, and an unwavering commitment to the principles of democracy and equality for all citizens.   The post Bharat’s Journey Post-1947: Examining the Complexities of Religious Policies and Political Choices appeared first on Global Governance News- Asia's First Bilingual News portal for Global News and Updates. [ad_2] Source link

[azamchadvocate]

How Can I Prove Ownership of the Disputed Property?

Proving ownership of disputed property is a significant challenge in Pakistan due to the complexities of property transactions, inheritance laws, and potential fraudulent practices. This detailed guide aims to assist individuals in navigating property disputes by providing comprehensive information, referencing relevant Pakistani laws, legal terminologies, and key court decisions. Key Legal…

[educationandtraining01]

CSS in Pakistan

Unlocking Excellence: The Civil Service Structure in Pakistan

The Civil Service Structure, commonly known as CSS, is a prestigious and highly competitive examination in Pakistan. Conducted by the Federal Public Service Commission (FPSC), CSS is a gateway to join the elite civil service cadre, shaping the country’s future.

History and Evolution:

The CSS examination has its roots in the British colonial era, introduced in 1855 as the Indian Civil Service (ICS) examination. Post-independence, Pakistan inherited this system and modified it to suit its needs. Over the years, the examination has undergone several changes, with the current format introduced in 1973.

Exam Structure and Pattern:

The CSS examination consists of:

Written Test (1200 marks)

Medical Test

Psychological Test

Viva Voce (300 marks)

The written test comprises 12 papers:

English Essay (100 marks)

English (Précis and Composition) (100 marks)

General Science & Ability (100 marks)

Current Affairs (100 marks)

Pakistan Affairs (100 marks)

Islamic Studies (100 marks)

Economics (100 marks)

Geography (100 marks)

History (100 marks)

Law (100 marks)

Psychology (100 marks)

Optional Subject (600 marks)

Eligibility Criteria:

To appear in CSS, candidates must:

Be a Pakistani citizen

Hold a Bachelor’s degree or equivalent

Be between 21-30 years old

Meet physical and medical standards

Career Opportunities:

Successful CSS candidates are allocated to various occupational groups, including:

Pakistan Administrative Service (PAS)

Police Service of Pakistan (PSP)

Foreign Service of Pakistan (FSP)

Pakistan Customs Service (PCS)

Inland Revenue Service (IRS)

Challenges and Opportunities:

The CSS examination is highly competitive, with a pass rate of around 2-3%. Candidates face challenges such as:

Limited seats

Tough competition

Complex syllabus

Time management

However, CSS officers enjoy:

Prestige and respect

Job security

Opportunities for growth

Contribution to national development

Preparation Strategies:

To crack CSS, candidates should:

Develop a comprehensive study plan

Focus on current affairs and Pakistan studies

Improve English language skills

Practice past papers and mock tests

Seek guidance from experienced mentors

Conclusion:

The CSS examination is a gateway to a rewarding career in Pakistan’s civil service. With dedication, hard work, and strategic preparation, candidates can unlock excellence and contribute to the country’s progress.

Key Statistics:

Total seats: approximately 200-250

Annual applicants: over 100,000

Pass rate: 2-3%

Age limit: 21-30 years

For more information:

Click here

[meetdheeraj]

Those who support Uniform Civil Code Bill, can someone help me with what's law or procedure to seek or secure divorce in Hindu religion?

Thanks to media and current govt's relentless focus and attack on Muslims, we know there are clear laid out terms and procedures for divorce in Islam. In fact, in Islam women seeking divorce do not even require husband's permission to annul a marriage. Plus there's provision about what she'll get etc etc. I'm not going into what happens in real practical terms but just what's prescribed in books.

Someone please help.

Rest, my current opinions are for diverse laws since India is made of diverse people. And slowly one law at a time move towards more progressive laws; towards laws that expand all our freedoms, provide citizens with more powers against state, towards equal and fare share in inheritance, so on and so forth.

If there are things another country does better then let's follow that country in that aspect. For example, our neighbor Pakistan has criminalised marital rape. But we in India refuse to even classify it as rape. So when we are saying "uniform", from where have we picked these "uniform" laws? For instance, Goa has, by far that I've read, best and most progressive inheritance law. If India tomorrow brings "uniform" law, would it be better than what we have in Goa? If not, should Goa regress for "uniformity" sake or can Goa keep its more modern law? And if it keeps, how can you call your law as "uniform"?

[yousufalikhansstuff]

Sharia is the ideal form of divine guidance that Muslims follow to live a righteous life according to Islam12. It covers various aspects of personal, social, economic, and political life1. Sharia transactions are deals or investments that are in accordance with Sharia beliefs, morals, and laws3. Pakistan is an Islamic republic that has a written Constitution and a legal system that inherited a colonial penal code at the time of its birth in 19474. Pakistan has also enacted laws on blasphemy, which carries the death penalty for insulting the Prophet Muhammad56. On January 17, 2023, the National Assembly unanimously passed an amendment to Pakistan’s blasphemy law through the Criminal Laws (Amendment) Act, 20236. Are you looking for more information on Sharia or Pakistan’s legal system?

[legalupanishad]

NALSA V. Union Of India (2014): Case Analysis

This article on 'NALSA V. Union Of India (2014): Case Analysis' was written by Shruti Pandey an intern at Legal Upanishad.

INTRODUCTION

India's society has historically shown a lack of gender awareness, evident in its general attitude and legal framework. Specific legislation and provisions are essential to ensure the protection of individuals who identify outside the traditional male-female binary. The experiences of transgender individuals are marked by ongoing suffering and hardship. Society's failure to embrace their differences has led to the denial of their rights and subjected them to continuous physical and psychological violence. As a result, they are marginalized and excluded from various social, religious, and political activities, facing discrimination and ostracization. In India, the rights of these individuals are largely recognized from various Articles within Part III of the Constitution, as there is no dedicated legislation to safeguard their rights. This article deals with the landmark case of NALSA V. Union of India which deals with the recognition of the rights of the Transgender community under the legal framework of India.

FACTS OF THE NALSA V. UNION OF INDIA (2014) CASE

In contemporary times, individuals from the transgender community endure significant humiliation and disgrace. They are unjustly deprived of essential services such as medical and educational facilities. Moreover, they face exploitation and harassment from others, all of which directly violate the fundamental rights guaranteed by our country. Strikingly, various laws concerning marriage, adoption, inheritance, succession, taxation, and welfare are contingent upon a binary classification of gender as male or female, which is typically determined at birth. This lack of legal provisions specifically catering to individuals of the third gender has resulted in widespread discrimination across various aspects of life. As a result, two writ petitions were initiated to uphold and safeguard the rights of individuals belonging to the transgender community: - The initial writ petition (writ petition no. 400 of 2012) was submitted by the National Legal Services Authority, which operates under the Legal Services Authority Act, 1997. - Following that, another writ petition (No. 604 of 2013) was brought forward by Poojya Mata Nasib Kaur Ji Women Welfare Society, a registered association committed to safeguarding the rights of the Kinnar (Transgender) community.

ISSUES

- PROTECTION OF GENDER IDENTITY: The primary focus of the petitions revolved around addressing matters concerning gender identity and the imperative to safeguard the rights and welfare of individuals identifying as the third gender. - RECOGNITION OF GENDER IDENTITY: Among the queries raised was the matter of whether a person born male but identifying as female should have the legal right to be acknowledged as female. Similarly, the question emerged regarding individuals undergoing gender-affirming surgery and their entitlement to be recognized according to their transitioned sex. - RIGHTS OF NON-BINARY INDIVIDUALS: The petitioners also brought forth the issue of whether individuals who identify neither as male nor female should have the right to be officially recognized and classified under a "third gender" category.

LAWS INVOLVED

The petitioners in the NALSA V. Union Of India (2014) case strongly contended that the notion of binary genders directly impacts the fundamental rights of the Right to Equality (Article 14), the Right to Life and Personal Liberty (Article 21), and Freedom of Expression (Article 19). The Court rendered the judgment based on the stated Articles of the Constitution.

JUDGEMENT

LANDMARK RULING AND INTERNATIONAL INFLUENCE: In the ruling of the NALSA V. Union Of India (2014) case, the court drew upon various judgments from foreign courts in New Zealand, Australia, Malaysia, Pakistan, and England. The ruling emphasized the importance of distinguishing between "Biological sex" and "Psychological sex" when identifying an individual's gender. It underscored the need to consider psychological sex rather than solely relying on biological sex for gender identification. To ensure alignment with international standards, the court mandated the recognition and adherence to all provisions of international conventions, including the Yogyakarta Principles, as long as they uphold the fundamental rights guaranteed by Part III of the Constitution.

CONSTITUTIONAL PROTECTION FOR TRANSGENDERS

The court's ruling reaffirmed the protection of transgenders under the Indian Constitution, entitling them to all the rights guaranteed therein. Article 14 of the Constitution ensures equality to "any person," including men, women, and transgender individuals, granting them equal protection of the law. This ensures their rights in various aspects of life, such as employment, healthcare, education, and civil liberties.

COMBATTING DISCRIMINATION AND UPHOLDING RIGHTS

The court decisively ruled that discrimination based on sexual orientation and gender identity constitutes a form of inequality before the law and contravenes Article 14 of the Constitution. Additionally, transgender individuals were recognized to have the freedom of expression under Article 19, allowing them to express themselves through speech, clothing, actions, and behaviour as they prefer. Moreover, Article 21 guarantees their right to live a life of dignity.

GOVERNMENT RESPONSIBILITIES AND DECLARATIONS

The court directed both the State and Central governments to grant full legal recognition to transgenders, ensuring their access to education and healthcare without facing any form of discrimination. As a significant step towards inclusivity, Hijras and Eunuchs were designated as the "third gender." The court issued specific declarations and directions to the governments, including the establishment of dedicated HIV Zero-Surveillance Centres, provisions for separate public toilets, and assurance of appropriate medical care in hospitals specifically catering to the needs of transgender individuals. These measures aimed to provide a safer and more supportive environment for the transgender community.

CONCLUSION

The ruling brought a renewed sense of hope for the transgender community, which has endured significant discrimination and social injustice for an extended period. While we must not be overly optimistic that this judgment alone will revolutionize society's treatment of transgender individuals, it marks a crucial step towards rectifying the historic injustices they have faced. Achieving equal rights for transgenders in our socio-religious and socio-political spheres remains a formidable task, and there is still a considerable distance to cover. Presently, despite this landmark judgment, many transgender individuals find themselves either struggling to integrate into mainstream society or relegated to the fringes as outcasts.

REFERENCES

- ‘NALSA Case - Important SC Judgements for UPSC’, Byjus, available at: https://byjus.com/free-ias-prep/nalsa-case-2014-sc-judgements/ - Yash Dahiya, ‘National Legal Services Authority vs Union of India – Case Analysis’, iPleaders Blog, 27 August 2018, https://blog.ipleaders.in/national-legal-services-authority-vs-union-of-india-case-study/ - Ayush Pandey, ‘Case Analysis: NALSA v. Union of India and Ors’, Indian Law Portal, 24 June 2020, available at: https://indianlawportal.co.in/case-analysis-nalsa-v-union-of-india-and-ors/ - ‘The Constitution of India’, India Code, available at: https://www.indiacode.nic.in/bitstream/123456789/15240/1/constitution_of_india.pdf Read the full article

[tanadrin]

So, apparently courts (or at least their respective supreme courts) in Pakistan, Bangladesh, and India can take suo motu actions, i.e., issue rulings in cases of their own accord, which have not been brought to them by an involved party--because of the Latinate legalese, I’m assuming this is in some way an inheritance from colonial law, but this seems really unusual for either a common law or civil law jurisdiction. I wonder how this originated.

[lgbtqiamuslimpedia]

LGBTQI+ Rights in Bangladesh 🇧🇩

LGBTQIA+ rights are heavily suppressed in Bangladesh.Generally LGBTQ+ community face stigmatization and marginalization among the broader population.Hijra as third gender has somewhat more tolerance in the state.However, some islamic radicalists & conservative muslims consider hijras as immoral.

LGBTQ+ pride flag of Bangladesh

Legal Status of Homosexuality

Homosexuality is illegal under under the British-inherited Penal Code Section 377 since 1860.Penal Code section 377 of 1860 forbids anal sex & oral sex, regardless of the gender and sexual orientation of the participants.Sentences include a maximum penalty of life imprisonment or 10 years imprisonment with fine.There is some evidences of the law being enforced in recent years, & LGBTQ+ people are regularly subjected to discrimination and violence.

In 2009 & 2013 UPR cycle, Bangladesh refused to overturn Penal Code Section 377.Therefore law enforcers often use Section 54 (Code of Criminal Procedure) to harass gender & sexual minorities as it allows arrest of anyone without a warrant.

History

Homosexuality was widely tolerated & accepted in south asia untill 1860s. Delhi Sultanate,Mughals also tolerated several sexual fluidity & gender variance.There were homoerotic & homoromantic writing in Islamic literature.

From 1750-1830 female homoromantic narratives were documented in Urdu poetry.Gender-diverse folks enjoyed high prestige during Mughal era.Hijra identity is documented to have evolved during the Delhi Sultanate (1226-1526).Most of them were served in royal harem.Furthermore they were rulers,military commanders,guardians of harem,manual laborers,political advisors in Mughal era.The dominant school of Islamic thought in the mughal empire, hanafism was much more tolerant of sexuality; did not mandate punishment for homosexuality.During the reign of the Mughal emperor Aurangzeb, Fatawa-e-Alamgiri, which mandated several types of punishments for homosexuality.

Since 1850s, British colonist started criminalizing diverse sexuality & genders in Indian Subcontinent.Section 377 Penal Code of British Raj which criminalizes sexual minorities, was enacted on 6 October 1860 & went into force on 1 January 1862.British labeled hijra as criminal group under the ''Criminal Tribe Act of 1871.Later started a widespread campaign against this sexual minority.As a result, hijras became a marginalised, ostracized group in India, Pakistan, Bangladesh & Nepal.British colonists deployed various strategies to eradicate hijras & sexual diverse folks, whom they saw as "a breach of public decency. Such barbaric colonial laws were carried over into the Pakistan following the partition of India in 1947, and continue to be part of Bangladesh's legal code since its independence from Pakistan in 1971.

Discrimination & Violence

LGBTQI+ rights in Bangladesh has been heavily affected by radical political islamism, violent extremism,societal values & morals. LGBTQI+ people often faces violence, bullying, rape, sexual harassment,hate crimes,etc.Some are forced for conversion therapy in order to change their sexuality.Bangladesh's LGBTQ+ rights groups,NGOs reported official discrimination in employment, housing, healthcare and access to government services.

Transgender Rights

Transgender women,non-binary,gender non-confirming & intersex persons are traditionally known as Hijra in South Asia.Although Hijra umbrella term does not include trans male or FTM transgender.

In November 2013, the government of Bangladesh recognized the Hijra community as the 'third gender or sex'. Subsequently, the cabinet issued a notification on 22 January 2014 regarding the recognition of third gender/sex.On January 26, 2014, a gazette was published recognizing the gender identity of the transgender community.Trans people cannot legally undergoes a gender reassignment surgery in Bangladesh.However there have been several reports of gender transitions,gender change treatment or sex reassignment surgery.

In early 1990s a transsexual woman Hosne Ara Begum's story was published in a bengali educational magazine.The magazine covered the journey of her gender transition & made her a big sensation in Bangladesh that time.From 2010-2013, 18 surgeries were performed in Dhaka Medical College Hospital,despite the availability of treatment at nominal or free cost.Although this gender transition treatment has been conducted in the country illegally for more than two decades.

''Hijra Life Welfare Programme,'' conducted under the Bangladesh Social Welfare Department from 2012-2013, to educate and develop school-going Hijra students,to provide monthly special allowance to disabled & senior Hijras.Bangladesh Social Welfare Department also increased the skills of the Hijra population through vocational training and to involve them in income generating activities and to bring them into the mainstream of the society & provide financial assistance after training.Since 2019, trans women who identify as Hijra can choose third gender option on National Identity Card.

Media

LGBTQI+ Association