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Minority Status of educational institutions not affected by statute, date of establishment, or non-minority administration

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Trending Today Validity of LMV Driving License for Transport Vehicles Minority Status of educational institutions not affected by statute, date of establishment, or non-minority administration JAMMU AND KASHMIR POST ARTICLE 370 ANIMAL CRUELTY CONTROVERSY: HOW THE 2023 SCC DECISION AFFECT JALIKATTU Role of technology in transforming the Indian judiciary COMMON CAUSE v. UNION OF INDIA 2018 Legal Framework governing reproductive rights and abortion law The Impact of Contract Law on E-Commerce and Online Transactions Indian Parliament Addressing Judicial Issues in Revenge Porn Cases Minority Status of educational institutions not affected by statute, date of establishment, or non-minority administration :Supreme Court on 8th November, 2024 03 Mar 2025 Aligarh Muslim University v. Naresh Agarwal, 2024 Civil Appeal no. 2286 of 2006 Parties involved :  Aligarh Muslim University ……….. Appellant                                                             Vs.                                                               Naresh Agarwal & Ors“     ………..Respondents   Date of judgement: 8th november 2024 President Judges:- Dr. DY Chandrachud, CJ.,  Sanjiv Khanna, Surya Kant, JB Pardiwala, Dipankar Datta, Manoj Misra and Satish Chandra Sharma  Facts and judgement :- In an appeal against Allahabad High Court’s Order in Naresh Agarwal (Dr.) v. Union of India, 2005 whereby, Aligarh Muslim University’s (‘AMU’) action of 50 percent seat reservation in postgraduate medical courses for Muslim candidates by claiming it to be a minority institution, was struck down and held that AMU cannot have an exclusive reservation because it is not a minority institution, the Seven-Judge Constitution Bench comprising of Dr. DY Chandrachud, CJ., Sanjiv Khanna, Surya Kant, JB Pardiwala, Dipankar Datta, Manoj Misra and Satish Chandra Sharma, JJ. in 4: 3 overruled the Five-Judge Bench verdict in S. Azeez Basha v. Union of India, 1967,  which held that an institution incorporated by a statute cannot claim to be a minority institution, hence AMU as created by an Act of Parliament, is not a minority institution so as to be covered under Article 30 of the Constitution of India.   Issues: Whether an educational institution must be both established and administered by a linguistic or religious minority to secure the guarantee under Article 30? What are the criteria to be satisfied for the ‘establishment’ of a minority institution? Whether Article 30(1) envisages an institution which is established by a minority with participation from members of other communities; Whether a minority educational institution which is registered as a society under the Societies Registration Act 1860 soon after its establishment loses its status as a minority educational institution by virtue of such registration; and Whether the decision of this Court in Prof. Yashpal v. State of Chhattisgarh (2005) 5 SCC 420 and the amendment of National Commission for Minority Educational Institutions Act 2005 in 2010 have a bearing on the question formulated above and if so, in what manner…. Brief Undertanding about Amu through the time line in this case 1877- Sir Syed Ahmed Khan, Founded the Muhammadan Anglo- orientation college (MAO Colle) at aligarh The britishers imperial legislative council enacted the aligarh muslim university Act (AMU Act) incorporating AMU as a university Indian independence Indian constitution Article 30 A constitution bench (5 judge) in which held that an institution incorporated by a statute cannot claim to be a minority institution, hence AMU as created by an Act of Parliament, is not a minority institution so as to be covered under Article 30 of the Constitution of India. Parliament enacted the aligarh muslim University (Amendment) Act, 1981. This Amendment chenged the AMU Act and changed the definition of the word “University” as an institution “established by the muslims of India, etc. Note: the parliament tried to rectify the mistakes becoz of which AMU lost the minority university status. The AMU reserved 50% seats in postgraduate medical courses for muslim andidates by claaming it to be a minority institution. This bill was challedged in Dr. Naresh Agarwal v Union of India . The Allahabad High Court struch down the reservation policy and held that the AMU couldnot have an exclusive reservation because it was not a minority institution acoording to S. Azeez Basha. A three judges bench heard the AMU’S appeal and referred the decision in S. Azeez Basha for reconsideration by a seven – judge bench. Decision- The Suprme court by a 4:3 majority overruled Azeezz Basha. The majority held that merely because an institution is created by a statute does not strip it of minority status. The majority also held that Article 30(1) protectes institutes established before the constitution came into force in 1950. The court laid criteria to determine when an institution is a minority institution benefitting from Article  30(1) protection. The Court further laid down the factors which must be used to determine if a minority ‘established’ an educational institution: The indicia of ideation, purpose and implementation must be satisfied. First, the idea for establishing an educational institution must have stemmed from a person or group belonging to the minority community; second, the educational institution must be established predominantly for the benefit of the minority community; and third, steps for the implementation of the idea must have been taken by the member(s) of the minority community; and The administrative set up of the educational institution must elucidate and affirm (I) the minority character of the educational institution; and (II) that it was established to protect and promote the interests of the minority community. The Court overruled the view taken in Azeez Basha (supra) that an educational institution is not established by a minority if it derives its legal character through a statute. 4 Comments ANIMAL CRUELTY CONTROVERSY: HOW THE 2023 SCC DECISION AFFECT JALIKATTU – sadalawpublications.comFebruary 27, 2025 at 8:19 am | Edit […] law The Impact of Contract Law on E-Commerce and Online Transactions Indian Parliament Addressing Judicial Issues in Revenge Porn Cases Triviality section 95 INDIAN YOUNG LAWYERS ASSOCIATION v.

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JAMMU AND KASHMIR POST ARTICLE 370

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Trending Today JAMMU AND KASHMIR POST ARTICLE 370 ANIMAL CRUELTY CONTROVERSY: HOW THE 2023 SCC DECISION AFFECT JALIKATTU Role of technology in transforming the Indian judiciary COMMON CAUSE v. UNION OF INDIA 2018 Legal Framework governing reproductive rights and abortion law The Impact of Contract Law on E-Commerce and Online Transactions Indian Parliament Addressing Judicial Issues in Revenge Porn Cases Triviality section 95 INDIAN YOUNG LAWYERS ASSOCIATION v. STATE OF KERALA & Ors JAMMU AND KASHMIR POST ARTICLE 370: A SOCIO-ECONOMIC EVALUATION 01 Mar 2025 Introduction Article 370 of the Indian Constitution has been one of the most contentious topics since its establishment. Its relevance, consequences, and political and legal discourse have all had a considerable impact on India’s constitutional and political landscape. This article dives into the historical backdrop, legal framework, debates, and final repeal of Article 370, providing a thorough explanation of its history and relevance. Historical Context. The integration of Jammu and KashmirArticle 370 has its roots in the turbulent time of 1947, when British India was divided into two distinct sovereign states: India and Pakistan. Maharaja Hari Singh, monarch of the princely state of Jammu and Kashmir, initially sought independence. However, faced with an invasion by tribal militias from Pakistan, he requested military aid from India. In exchange, he signed the Instrument of Accession on October 26, 1947, which admitted Jammu and Kashmir to India. This accession was remarkable in that it granted the state extensive autonomy in accordance with the wording of the Instrument. The deliberation of Article 370Article 370 of the Indian Constitution legally enshrines Jammu and Kashmir’s special status. This Article was written to reflect the parameters of the Memorandum of Acquisition while also addressing the specific circumstances under which Jammu and Kashmir joined India. Article 370, drafted by former Jammu and Kashmir Prime Minister Gopalaswami Ayyangar, was intended to be a temporary provision until a permanent resolution could be reached. Objectives of Article 370 Sovereignty and Special DesignationArticle 370 awarded Jammu and Kashmir a unique autonomy status. Unlike the other Indian states, Jammu and Kashmir had its own constitution, which went into effect on January 26, 1957. The Indian Parliament’s legislative powers over the state were confined to defence, foreign affairs, finance, and communications, as stated in the Protocol of Accession. Any other laws could only be applied to Jammu and Kashmir with the approval of the state administration. Presidential Decree and Constituent Assembly ResolutionsUnder Article 370(1)(d), the President of India had the authority to apply other parts of the Indian Constitution to Jammu and Kashmir, subject to exclusions and adjustments, and with the authorization of the state administration. This was accomplished through presidential orders. Furthermore, Article 370(2) indicated that the Article will terminate upon the advice of the Jammu and Kashmir Constituent Assembly. Yet after the Constituent Assembly dissolved in 1957 without adopting abrogation, Article 370 remained in effect. Disagreements and constitutional interpretations The Talk Over PermanenceThe portrayal of Article 370 as a transitory clause sparked heated debate. Critics contended that Article 370 was only designed to be temporary and would expire once the Constituent Assembly of Jammu and Kashmir declared its fate. However, advocates said that because the Constituent Assembly did not recommend its repeal, Article 370 had become a permanent part of the Constitution. Supreme Court verdictsThe Supreme Court of India has played an important role in enforcing Article 370. In the 2018 decision of *SBI v. Santosh Gupta*, the Court maintained that Article 370 was not a transitional provision and had gained permanent character due to the absence of a recommendation for its repeal by the Constituent Assembly. Furthermore, in several decisions, the Supreme Court underscored the autonomy afforded to Jammu and Kashmir under Article 370, underscoring that any changes to its status required authorization of the state government. Presidential DecreeThroughout the decades, multiple Presidential Orders have been issued to extend various parts of the Indian Constitution and central laws to Jammu & Kashmir. Critics said that this approach degraded the state’s distinctive position, effectively reducing its autonomy. However, proponents said that these orders were required to further integrate Jammu and Kashmir with the rest of India and establish legal and administrative uniformity. The Abrogation of Article 370 Political PerspectiveThe Bhartiya Janata Party (BJP) and its ideological father, the Rastriya Swayamsevak Sangh (RSS), have been vocal advocates for the repeal of Article 370. The BJP’s programme has constantly included the repeal of Article 370, which it sees as a barrier to national unification and growth. The BJP won a large mandate in the 2019 general elections, allowing it to pursue its programme. Legislative and Philosophical ManoeuvresOn August 5, 2019, the Indian government, led by Prime Minister Narendra Modi and Home Minister Amit Shah, announced the repeal of Article 370. This was achieved through a series of legal and political manoeuvres.    1. Presidential Order C.O. 272: This order essentially modified Article 367 of the Indian Constitution, which addresses interpretations. It included a clause declaring that references in Article 370 to the Jammu and Kashmir Constituent Assembly should be construed as references to the state’s Legislative Assembly. Considering the state was under President’s Rule (direct control by the central government), the Parliament of India was empowered to act on behalf of the Legislative Assembly.        2.The resolution in Parliament: Concurrently, a resolution in Parliament was passed recommending that the President issue an order under Article 370(3) announcing that all Article 370 sections would no longer be in effect.   3. Reorganisation Act: Parliament introduced and approved the Jammu and Kashmir Reorganization Act in 2019, which divided the state into two Union Territories: Jammu and Kashmir (with a Legislative Assembly) and Ladakh (without one).  Judicial Limitations and the consequences The repeal of Article 370 provoked intense debate and multiple legal challenges. The petitioners claimed that Presidential Order C.O. 272 and subsequent measures violated the Constitution and harmed the notion of federalism. They maintained that such a fundamental constitutional reform required the assent of the Constituent Assembly, or at

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ANIMAL CRUELTY CONTROVERSY: HOW THE 2023 SCC DECISION AFFECT JALIKATTU

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Trending Today ANIMAL CRUELTY CONTROVERSY: HOW THE 2023 SCC DECISION AFFECT JALIKATTU Role of technology in transforming the Indian judiciary COMMON CAUSE v. UNION OF INDIA 2018 Legal Framework governing reproductive rights and abortion law The Impact of Contract Law on E-Commerce and Online Transactions Indian Parliament Addressing Judicial Issues in Revenge Porn Cases Triviality section 95 INDIAN YOUNG LAWYERS ASSOCIATION v. STATE OF KERALA & Ors Legal Framework governing reproductive rights and abortion law ANIMAL CRUELTY CONTROVERSY: HOW THE 2023 SCC DECISION AFFECT JALIKATTU 27 Feb 2025 Introduction Violent acts against animals and traditional customs have long been at odds with each other, particularly in countries like India, where cultural legacy and modern ethics sometimes conflict. One of the most heated controversies in recent years has centred on Jallikattu, an ancestral bull-taming sport popular in Tamil Nadu. The 2023 case of Animal Welfare Board of India vs. Union of India (2023 SCC Online SC 661) demonstrates the continuous legal and ethical conflict between animal rights activists and cultural supporters. This case provides an important prism through which to evaluate the bigger problems of animal welfare, cultural rights, and legal interpretations in contemporary India. Overview on Jallikattu Jallikattu is an old sport that has been played for almost 2,000 years and is traditionally celebrated during Tamil Nadu’s Pongal festival, which celebrates the harvest. Contestants attempt to catch a bull by the hump and ride it as long as possible, or to bring it to a halt. Proponents claim that Jallikattu is more than a sport; it is a symbol of Tamil culture and identity. They argue it serves an important role in protecting indigenous cattle breeds, strengthening community relationships, and honouring courage. Nevertheless, animal rights organisations, like the Animal Welfare Board of India (AWBI), claim that Jallikattu subjected bulls to severe brutality and stress. There have been reports of bulls being force-fed alcohol, having their tails twisted or bitten, and being physically assaulted in order to induce violence. These behaviours raise serious questions regarding animal care and the ethical implications of carrying on such a tradition in contemporary society. Judicial Trail Heading to 2023 The legal battle over Jallikattu has been going on for more than a decade. In 2014, the Supreme Court of India prohibited Jallikattu, alleging animal cruelty and protecting animal rights under the Prevention of Cruelty to Animals Act of 1960. The moratorium was a big success for animal rights campaigners, but it sparked widespread demonstrations in Tamil Nadu, where Jallikattu is regarded as an important part of cultural legacy.In the wake of popular outrage, the Tamil Nadu government issued a resolution in 2017 that permitted Jallikattu, which was eventually adopted by Parliament. The ordinance was challenged in the Supreme Court, sparking a complicated legal process that resulted in the 2023 decision. The 2023 Supreme Court Judgement: Critical Arguments In the case of Animal Welfare Board of India vs. Union of India (2023 SCC Online SC 661), the court had to balance cultural rights with animal welfare. The case featured comments from both sides, illustrating the deep-seated tensions and complexities of the matter. Claims for Jallikattu Cultural Heritage and Identity: Proponents, including the Tamil Nadu government, contended that Jallikattu is a centuries-old ritual rooted in Tamil culture. They contended that prohibiting the sport would violate the Tamil people’s cultural rights, which are protected by Article 29 of the Indian Constitution. Socioeconomic and Humanitarian consequences: Supporters emphasised Jallikattu’s economic benefits, such as preserving indigenous cow breeds. They suggested that the sport encourages farmers to raise local bulls, so improving biodiversity and livelihoods in the countryside. Statutory Mechanisms: The Tamil Nadu government convinced the court that measures have been implemented to reduce animal cruelty. These included veterinarian checks, sport-specific laws and regulations, and penalties for violators. They argued that these procedures would safeguard the bulls’ care while allowing the custom to continue. Arguments Against Jallikattu. Animal Mistreatment: The AWBI along with different animal rights groups provided considerable proof of bull cruelty during Jallikattu. They contended that no amount of regulation could overcome the sport’s intrinsic brutality, in which the primary goal is to irritate and dominate the animal. Legal precedents and animal rights: They emphasised earlier Supreme Court rulings, including the 2014 decision that recognised animal rights under the Prevention of Cruelty to Animals Act. They contended that permitting Jallikattu would undermine animal protection laws and set an undesirable precedent. Ethical dilemmas: Beyond legal considerations, animal rights campaigners invoked broader ethical concerns, suggesting that cultural practices must adapt to changing society norms. They argued that cruelty to animals cannot be justified in the sake of tradition. The Judgement and its repercussions The Supreme Court’s 2023 decision was a careful attempt to manage the delicate nexus of cultural rights and animal welfare. The court acknowledged Jallikattu’s traditional significance while emphasising the importance of ensuring the welfare of the animals involved. The decision permitted Jallikattu to continue, but only with strict controls intended at reducing cruelty and guaranteeing adherence to animal welfare standards. The primary provisions of the judgement Regulatory Oversight: The court mandated independent panels to oversee Jallikattu tournaments. These committees are responsible for ensuring that the regulations are rigorously observed and that any incidents of cruelty are swiftly addressed. Veterinary Care: The judgement emphasised the importance of complete veterinary care before, during, and after the occurrence. Bulls must be tested for fitness, and any bull judged to be unfit is not permitted to compete. Training and Recognition: The court directed the Tamil Nadu government to instruct organisers and participants on animal care norms. This involves educating them on the legal and ethical duties associated with running the sport. Repercussions: Violations of regulations may result in fines and imprisonment. The court warned that any violation from the stipulated norms would result in severe repercussions. larger consequences for animal welfare and cultural practices. The 2023 decision in Animal Welfare Board of India vs. Union of India is significant not only for Jallikattu, but also for the larger discussion of animal

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Role of technology in transforming the Indian judiciary

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Trending Today Role of technology in transforming the Indian judiciary COMMON CAUSE v. UNION OF INDIA 2018 Legal Framework governing reproductive rights and abortion law The Impact of Contract Law on E-Commerce and Online Transactions Indian Parliament Addressing Judicial Issues in Revenge Porn Cases Triviality section 95 INDIAN YOUNG LAWYERS ASSOCIATION v. STATE OF KERALA & Ors Legal Framework governing reproductive rights and abortion law The Role of International Law in Shaping Domestic Constitutions Role of technology in transforming the Indian judiciary 14 Feb 2025 Introduction Through the use of technology, the Indian judiciary which has historically been hampered by paper-based procedures and procedural obstacles is going through a dramatic transition. Projects like the National Judicial Data Network (NJDG) and the e-court service have revolutionized case administration, increased transparency, and enhanced access to justice. In order to overcome barriers, video conferencing facilities maintain remote audiences’ geographic accessibility. Even with advancements, problems like cybersecurity threats and inadequate infrastructure still exist. This blog looks at how technology is changing the Indian court, taking into account how it affects transparency, efficiency, and the possibility of future digital innovation to better judicial governance in contemporary India. A new revolution in every aspect of human existence is being driven by technology. According to a paper titled “Online Courts and the future of the courts,” technology will usher in a decade of fascinating legal business that will completely transform our traditional, conservative courts.[i] The exponential increase in population over the years combined with a judge scarcity has presented the Indian court system with enormous challenges. As a result, the number of pending cases has significantly increased, and the inefficiencies in the judicial system have become more obvious.[ii] This blog examines how artificial intelligence might help the Indian legal system overcome its obstacles. Investigating AI’s actual scope and applicability to legal administration and application, however, is crucial.[iii] Advantages of Technology in the Legal Field Technology use in the legal field has a number of advantages that are beneficial to both the practice of law and the administration of justice[iv]. It has revolutionized the legal environment of today by substituting contemporary methods for traditional ones. Increased productivity, better teamwork, quick turnaround times, easier access to information, vast data storage capacities, better legal research, cost savings, ease of use, increased transparency, data analytics, predictive insights, and enhanced case management are just a few advantages of legal technology. Legal practitioners can operate more productively because to technology, which automates time-consuming and repetitive processes like scheduling, document management, and legal research. This results in less work for the administrative staff, increased output, and the capacity to manage more cases. Utilization of technology in the Supreme Court Over the past few years, the Indian Supreme Court, High Courts, and other legal firms have adopted vital measures to embrace technology and adapt to it in order to expeditiously and efficiently accomplish their tasks. A nine-judge panel rendered important rulings on the ideas of open justice, openness in the legal system, and access to public information in the case of Swapnil Tripathi v. Supreme Court of India.[v] “Whether or not there should be live streaming of court proceedings” was another major question that was answered. “Live-streaming of court proceedings is manifestly in the public interest,” the Supreme judicial ruled. The relevance of live-streaming as an expansion of the idea of open justice and open courts must be emphasized once more. The Indian Supreme Court released a call for Financial, Technical, and EMD bids on May 23, 2023, for the design, development, and implementation of AI systems that will record court arguments and proceedings. Technological Initiatives in the Indian Judiciary E-courts: The E-Courts mission, which was launched in 2005 under the authority of the Indian Supreme Court, is at the vanguard of such efforts. Through the use of electronic case management systems (CMS), electronic filing systems, and digital case record repositories, this effort aims to digitize courtroom procedures across the country. The E-Courts initiative expedites case disposal, minimizes paperwork, and streamlines administrative duties by allowing plaintiffs, attorneys, and court officers to electronically report cases and obtain case-related statistics online. Simultaneously, the NJDG (National Judicial Data Network) is a crucial instrument for promoting accountability and transparency inside the judiciary. Real-time updates on case status, judge workload distribution, and settlement fees are provided by the NJDG through the consolidation of data from district courts located in the southern region. In addition to facilitating judicial monitoring and operational analysis, this data hiding in the middle also informs policy decisions, enables informed judicial processes, and empowers stakeholders. E-SCRs: Electronic Supreme Court Reports, or e-SCRs for short, are digital or electronic copies of the official reports of rulings and directives from the Indian Supreme Court. Lawyers, legal experts, scholars, and members of the public can use it to look up specific cases, see earlier rulings, and keep up with the most recent Supreme Court rulings. SUVAS: In 2019, the President of India was given with SUVAS (Supreme Court Vidhik Anuvaad Software). According to a press release published on November 25, 2019, “SUVAS is an artificial intelligence-trained machine-assisted translation tool. Currently capable of translating English judicial documents, orders, or judgments into nine vernacular language scripts and vice versa, this tool was created specifically for the judicial domain. The introduction of artificial intelligence in the judicial domain begins with this. Hindi, Bengali, Marathi, Telugu, Urdu, Assamese, Kannada, Odiya, and Tamil are among the nine Indian languages. SUPACE: An AI research assistant tool called SUPACE (Supreme Court Portal for Assistance in Court’s Efficiency) serves to increase the productivity of valid analysts and judges by lowering pendency and increasing proficiency. It can even obtain information from thousands of pages of papers in a matter of seconds. Impact of Technology in Indian Judiciary The efficiency and accessibility of the legal system have been greatly altered by the use of technology in the courtroom. Digital tools have expedited court procedures, streamlined case administration, and handled evidence, cutting down on delays and speeding up case resolution.[vi] 

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Legal Framework governing reproductive rights and abortion law

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Trending Today Legal Framework governing reproductive rights and abortion law The Impact of Contract Law on E-Commerce and Online Transactions Indian Parliament Addressing Judicial Issues in Revenge Porn Cases Triviality section 95 INDIAN YOUNG LAWYERS ASSOCIATION v. STATE OF KERALA & Ors Legal Framework governing reproductive rights and abortion law The Role of International Law in Shaping Domestic Constitutions Indigenous Peoples’ Rights and Cultural Heritage Preservation SPORTA TECHNOILOGIES V. HONG Y1 F35 Legal Framework governing reproductive rights and abortion law 08 Feb 2025 Introduction The fundamental basis of India’s abortion legislation is a cis-hetero-patriarchal society that controls expecting mothers’ bodies through a severe criminal justice system. The criminal framework includes the POCSO Act and the PCPNDT Act, which allow for nearly unrestrained law enforcement harassment of abortion providers and seekers and necessitate significant state surveillance.[i] Due to the stigma surrounding abortions that is reinforced by criminalization, pregnant women have few options when it comes to ending their pregnancy. These options include carrying an undesired pregnancy to term and forgoing prenatal and maternal healthcare, or obtaining an unsafe abortion and running the risk of legal repercussions. Essential components of women’s independence and health are reproductive rights, which include the right to a safe and legal abortion. India’s legal system for abortion and reproductive rights has changed significantly over time, striking a balance between individual liberties, public health concerns, and social factors. This blog examines legal interpretation, important statutes, and current issues with reproductive rights and abortion regulations in India. Legal Framework In India, the Medical Termination of Pregnancy (MTP) Act is a government law that permits licensed medical practitioners to perform abortions in specific predefined situations. This legislation was a progressive move that recognized women’s reproductive rights and attempted to lower maternal mortality from unsafe abortions. Medical terminations of pregnancy were governed by Sections 312 to 318 of the Indian Penal Code (IPC) prior to the MTP Act of 1971. The majority of these provisions attempted to criminalize abortions, with the exception of cases where the procedure was performed in good faith to save the woman’s life. It is extremely difficult for women to obtain safe abortions because the IPC laws do not distinguish between unwanted and intended pregnancies. When women, including rape survivors, mentally ill, and those experiencing unintended pregnancies as a result of contraceptive failures, began going to court to seek permission for ending their pregnancies beyond the recommended gestational period of 20 weeks, the 1971 law was unable to keep up with the demands of the changing times and scientific advances in medicine.[ii] In order to lower maternal mortality and morbidity brought on by unsafe abortions, the 2021 Act modification seeks to guarantee women’s access to safe and legal abortion services. The modifications provide abortions up to 24 weeks for specific categories of women, up to 24 weeks for women whose marital status changed during pregnancy, up to 24 weeks for survivors of rape or incest, and up to 24 weeks for other vulnerable women. The amendments also permit abortions up to 20 weeks after the opinion of one licensed medical professional. The modification also made pregnancies outside of marital institutions legally binding by substituting “by any married woman or her husband” with “any woman or her partner.” Existing legislation and policy: what is still lacking? The MTP Act’s significant medical slant is one of its main criticisms. Practitioners of alternative medical systems and mid-level healthcare providers are not covered by the “physicians only” provision. Access to second trimester abortions is further limited by the need for a second medical opinion, particularly in remote locations.[iii] All public hospitals are required by the MTP Act to provide abortion services. Despite this, public health institutions are exempt from the same regulatory processes as the private sector because they are not required to obtain the necessary approval. It is incorrect to believe that simply because a health institution is part of the public sector, it has effective regulatory processes that don’t need to be supported by laws and regulations and is accountable to the general public. Any restrictions of this kind are frequently out-of-date or opaque.[iv] The absence of a clear policy on excellent clinical practice and research constitutes a significant gap in Indian abortion policy. Published in 2001[v]national technical guidelines do not guarantee acceptable clinical practice even at abortion clinics that have been recognized by the WHO, and they do not comply with their international guidance[vi] Protecting women’s reproductive rights: the role of the judiciary The judiciary will inevitably have to handle the problem of reproductive rights as there isn’t a sufficient legislative framework to safeguard women’s reproductive rights. The Indian judiciary has played a pivotal role in safeguarding and augmenting the reproductive rights of women, guaranteeing the preservation of their constitutional entitlements to bodily autonomy, personal liberty, and privacy. In interpreting the Medical Termination of Pregnancy (MTP) Act and related regulations, the courts have adopted a progressive approach, guaranteeing that the rules are in line with the changing requirements of society and improvements in medicine. In the landmark decision of Suchita Srivastava v. Chandigarh Administration.[vii], the Supreme Court of India upheld the constitutional right of women to reproductive autonomy as a part of their right to personal liberty under Article 21. The court underlined that having the freedom to choose among contraception, abortion, and other reproductive health treatments is part of having reproductive rights. In the case of Meera Santosh Pal v. Union of India[viii], the Supreme Court upheld an abortion due to significant fetal abnormalities that took place beyond the 20-week limit set down in the MTP Act. This ruling emphasized the need for the law to be flexible in order to accommodate extraordinary situations and emphasized how crucial it is to take the woman’s health and well-being into account. In X v. Union of India[ix], the Supreme Court extended the rights of reproductive individuals by permitting an unmarried woman to end a pregnancy that resulted from a consenting relationship. This decision was significant because it recognized

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The Impact of Contract Law on E-Commerce and Online Transactions

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Trending Today Role of technology in transforming the Indian judiciary COMMON CAUSE v. UNION OF INDIA 2018 Legal Framework governing reproductive rights and abortion law The Impact of Contract Law on E-Commerce and Online Transactions Indian Parliament Addressing Judicial Issues in Revenge Porn Cases Triviality section 95 INDIAN YOUNG LAWYERS ASSOCIATION v. STATE OF KERALA & Ors Legal Framework governing reproductive rights and abortion law The Role of International Law in Shaping Domestic Constitutions The Impact of Contract Law on E-Commerce and Online Transactions 03 Feb 2025 Introduction E-commerce has revolutionised company practices in the digital age, integrating online transactions into day-to-day activities. The ease and convenience of internet buying is altering consumer behaviour and business, from purchasing to making travel reservations. But the growth of e-commerce also brings with it legal difficulties, particularly with regard to contract law. Understanding how contract law affects online transactions and e-commerce is crucial for both consumers and enterprises. E-commerce law has led to the emergence of numerous business models, such as B2B (business to business), B2C (business to consumer), C2B (consumer to business), C2C (consumer to consumer), and B2B2C (an intermediary business that connects the first firm to the end customer).[i] Despite the revolutionary nature of e-commerce law’s inception, regulations that protect and hold all e-commerce participants, including consumers, accountable are still required to maintain industry equilibrium. This is particularly true for India because of its enormous potential brought about by its robust economy. According to research, the Indian e-commerce law sector has expanded rapidly and is expected to do so in the future.[ii] What is Online Contract? Online contracts have become increasingly significant due to the increased usage of the internet and electronic commerce, mostly because of their multiplicity and reach. An agreement that is modelled, signed, and completed electronically typically via the internet is referred to as an online contract or an electronic contract. An electronic contract is one that is created, managed, and implemented by a software programme.[iii] UNCITRAL Model Law on Electronic Commerce[iv] states that ” A contract can be formed by the exchange of data messages, and when a contract is formed using data messages, its validity shouldn’t be contested.”[v] ESSENTIAL ELEMENTS OF ONLINE CONTRACT  Offer and Acceptance: In an online transaction, the seller typically submits an offer via a website or mobile application that offers a thorough description of the good or service in addition to the cost. When a customer clicks a button to confirm the transaction, it is considered accepted. Online contracts sometimes take the form of “click-wrap” agreements, where users click to accept the terms and conditions. Indian courts have confirmed that these kinds of electronic contracts are legitimate and real. Consideration: The price that was exchanged between the parties is referred to as consideration. This usually refers to the money transferred by the buyer in exchange for the goods or services that the vendor provides in an online transaction. A consideration may take the form of money, products, services, or even a pledge to refrain from taking certain actions, but it must be legal and have some value according to the Indian Contract Act. Intention to Create Legal Relations: Legally enforceable agreements must be the intention of both parties. This objective is usually assumed in business dealings. The purpose is strengthened by online structures that have a defined method for making and accepting gives, as well as explicit user agreements. Formation of Online Contract Although no explicit regulation has been introduced for the legality of online contracts, the Information Technology Act, 2000 has provisions for the establishment and validity of online contracts in India. A number of procedures, including email, filling out online forms, placing orders, and using online agreements, might result in the formation of online contracts. Essential components like an offer and an acceptance are required just as much as they are in traditional paper-based contracts. Compared to previous approaches, online contract generation involves the website acting as the shop and responding to the user’s activities. Customers must acknowledge and accept the normal terms stated on the retailer’s website before downloading any content. The customer and the retailer for the transaction then have a contract concluded when the website provides the service and the customer pays the right amount. Traditional contracts and online contracts are nearly identical, with the exception of certain features and requirements. Validity of Contract  The Indian Contract Act, 1872 and the Information Technology Act, 2000 both emphasise the idea of forming a legal connection as a foundation for the legitimacy of online contracts in India. Digital contracts are legally enforceable according to the IT Act, which gives electronic signatures the same legal standing as handwritten ones. “Click-wrap” has been adopted by Indian courts. acceptance of binding contracts, whereby users click to consent to terms and conditions, provided that these terms are such that they are easily accessed, understood, and Being in In addition to consumer protection laws like the Consumer Protection Act of 2019, this legal framework ensures that online contracts are recognised and enforceable, just like their offline counterparts, and enhances trust and confidence in e-commerce transactions. Evaluation of Legal Concerns Arising in E-Commerce Jurisdictional Challenges: The fact that the internet transcends national and jurisdictional boundaries is one of its greatest advantages, but it also presents one of the most legal obstacles to e-commerce. This poses inquiries about the field of law that attorneys refer to as Private right away. Conflict of Laws, or International Law, as an alternative. Specifically, in this context, the two most pressing questions are: (a) What law governs any contract; and (b) Can an action based on a contract be heard in Indian courts? [vi] According to established legal precedents, Indian courts have the authority to handle e-commerce cases even if the goods and services were supplied outside of India as long as the matter’s cause of action originates entirely or partially in India.[vii] In India, the place of business, the location of the contract’s formation, and the source of

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Legal Framework governing reproductive rights and abortion law

Leave a Comment / General /

Legal Framework governing reproductive rights and abortion law 24 jan 2025 Introduction The fundamental basis of India’s abortion legislation is a cis-hetero-patriarchal society that controls expecting mothers’ bodies through a severe criminal justice system. The criminal framework includes the POCSO Act and the PCPNDT Act, which allow for nearly unrestrained law enforcement harassment of abortion providers and seekers and necessitate significant state surveillance.[i] Due to the stigma surrounding abortions that is reinforced by criminalization, pregnant women have few options when it comes to ending their pregnancy. These options include carrying an undesired pregnancy to term and forgoing prenatal and maternal healthcare, or obtaining an unsafe abortion and running the risk of legal repercussions. Essential components of women’s independence and health are reproductive rights, which include the right to a safe and legal abortion. India’s legal system for abortion and reproductive rights has changed significantly over time, striking a balance between individual liberties, public health concerns, and social factors. This blog examines legal interpretation, important statutes, and current issues with reproductive rights and abortion regulations in India. Legal Framework In India, the Medical Termination of Pregnancy (MTP) Act is a government law that permits licensed medical practitioners to perform abortions in specific predefined situations. This legislation was a progressive move that recognized women’s reproductive rights and attempted to lower maternal mortality from unsafe abortions. Medical terminations of pregnancy were governed by Sections 312 to 318 of the Indian Penal Code (IPC) prior to the MTP Act of 1971. The majority of these provisions attempted to criminalize abortions, with the exception of cases where the procedure was performed in good faith to save the woman’s life. It is extremely difficult for women to obtain safe abortions because the IPC laws do not distinguish between unwanted and intended pregnancies. When women, including rape survivors, mentally ill, and those experiencing unintended pregnancies as a result of contraceptive failures, began going to court to seek permission for ending their pregnancies beyond the recommended gestational period of 20 weeks, the 1971 law was unable to keep up with the demands of the changing times and scientific advances in medicine.[ii] In order to lower maternal mortality and morbidity brought on by unsafe abortions, the 2021 Act modification seeks to guarantee women’s access to safe and legal abortion services. The modifications provide abortions up to 24 weeks for specific categories of women, up to 24 weeks for women whose marital status changed during pregnancy, up to 24 weeks for survivors of rape or incest, and up to 24 weeks for other vulnerable women. The amendments also permit abortions up to 20 weeks after the opinion of one licensed medical professional. The modification also made pregnancies outside of marital institutions legally binding by substituting “by any married woman or her husband” with “any woman or her partner.” Existing legislation and policy: what is still lacking? The MTP Act’s significant medical slant is one of its main criticisms. Practitioners of alternative medical systems and mid-level healthcare providers are not covered by the “physicians only” provision. Access to second trimester abortions is further limited by the need for a second medical opinion, particularly in remote locations.[iii] All public hospitals are required by the MTP Act to provide abortion services. Despite this, public health institutions are exempt from the same regulatory processes as the private sector because they are not required to obtain the necessary approval. It is incorrect to believe that simply because a health institution is part of the public sector, it has effective regulatory processes that don’t need to be supported by laws and regulations and is accountable to the general public. Any restrictions of this kind are frequently out-of-date or opaque.[iv] The absence of a clear policy on excellent clinical practice and research constitutes a significant gap in Indian abortion policy. Published in 2001[v]national technical guidelines do not guarantee acceptable clinical practice even at abortion clinics that have been recognized by the WHO, and they do not comply with their international guidance[vi] Protecting women’s reproductive rights: the role of the judiciary The judiciary will inevitably have to handle the problem of reproductive rights as there isn’t a sufficient legislative framework to safeguard women’s reproductive rights. The Indian judiciary has played a pivotal role in safeguarding and augmenting the reproductive rights of women, guaranteeing the preservation of their constitutional entitlements to bodily autonomy, personal liberty, and privacy. In interpreting the Medical Termination of Pregnancy (MTP) Act and related regulations, the courts have adopted a progressive approach, guaranteeing that the rules are in line with the changing requirements of society and improvements in medicine. In the landmark decision of Suchita Srivastava v. Chandigarh Administration.[vii], the Supreme Court of India upheld the constitutional right of women to reproductive autonomy as a part of their right to personal liberty under Article 21. The court underlined that having the freedom to choose among contraception, abortion, and other reproductive health treatments is part of having reproductive rights. In the case of Meera Santosh Pal v. Union of India[viii], the Supreme Court upheld an abortion due to significant fetal abnormalities that took place beyond the 20-week limit set down in the MTP Act. This ruling emphasized the need for the law to be flexible in order to accommodate extraordinary situations and emphasized how crucial it is to take the woman’s health and well-being into account. In X v. Union of India[ix], the Supreme Court extended the rights of reproductive individuals by permitting an unmarried woman to end a pregnancy that resulted from a consenting relationship. This decision was significant because it recognized that a woman’s autonomy to make choices regarding her reproductive health is not contingent on her marital status and that rights pertaining to procreation are not gender-specific. Challenges and Contemporary issues: Access to secure abortion services: The inability to obtain safe abortion services is one of the major problems. Geographical disparities, particularly those between urban and rural areas, make it more difficult for women from rural areas to access licensed medical facilities

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The Role of International Law in Shaping Domestic Constitutions

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The Role of International Law in Shaping Domestic Constitutions 22 jan 2025 1. Introduction The interplay between international law and domestic constitutions is a significant component of contemporary legal systems. International law, consisting of treaties and conventions and customary legal rules, shapes national constitutions by developing ideas about human rights protections, structures of governance, or legal standards of behaviour. Functionally, this occurrence describes the conditional and dynamic interplay concerning the interaction of international law, international norms, and domestic legal traditions: both peaceful, cooperative interactions and reactionary confrontation when one or more participants see it as moralizing. This paper looks at examples of how international law animates domestic constitutions. I will discuss its influence on legal structures, the constitutional reform process, judicial engagement with rights, and the development and practice of human rights protections. 2. Obtaining Inspiration from International Law a. Human Rights Frameworks One of the most plainly observable ways in which international laws influence domestic constitutions is through inspiration supplied by international human rights frameworks. The Universal Declaration of Human Rights (UDHR) provides one of the foundational documents for drafting other national constitutions. It states fundamental rights and freedoms such as the right to life, freedom of speech, and fair trial. Many domestic legal systems utilize UDHR principles of lived experience as a basis for constitutional provisions and embracing national legislative aspirations. The South African Constitution of 1996 illustrates the degree of international human rights standards’ influence. In written form, the South African Constitution states extensive protections for civil, political, economic, and social rights as a function for those aspirations and blessings of the international community like those found in instruments such as the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). In Germany, the Basic Law (Grundgesetz) distinguished itself from earlier arrangements to disallow the cataclysmic abuses of rights prevalent as a result of the intoxicated Nazi-era human rights abuse, by solidifying protections for the rights of individuals influenced by other international norms. b. Environmental Protection International treaties addressing environmental issues also have an impact on domestic constitutions. One example is the 1992 Earth Summit, held in Rio de Janeiro, which yielded the Rio Declaration on Environment and Development and Agenda 21, both of which laid out the principles for sustainable development. Those international legal instruments have inspired constitutional amendments and revisions that bear a public commitment about environmental protection, environmental conservation, and sustainable development. Likewise, the Constitution of Ecuador—reformed in 2008—stands out because it incorporates the “Rights of Nature” creating a recognition of the environment in constitutional law, following international environmental principles and the impact of the sustainable development paradigm. Indian constitutional law’s directive principles of state policy accept international convention and accommodate public environmental protection obligations that stem from international treaties-inspired amended constitutional rules. Examples such as these confirm new norms of international environmental law in a public statutory domestic constitutional context.  3. Incorporation of International Law into Domestic Legal Systems  a. Self-Executing Treaties In some jurisdictions, domestic law automatically incorporates international treaties from the time of ratification. Such treaties are defined as self-executing meaning they have legal effect without any additional enabling domestic legislation. In a species-specific example, in the United States certain treaties become part of the “supreme law of the land” following ratification pursuant to Article VI of the Constitution. The incorporation of treaties such as this, can create new legal norms changing domestic law. The Convention on the Elimination of All Forms of Discrimination Against Women is an illustrative case. In jurisdictions that affiliate to characterize CEDAW as a self-executing treaty, the principles of gender equality and non-discrimination express the CEDAW provisions in domestic law and domestic constitutional provisions. Additionally, CEDAW’s incorporation to specific domestic law represents international norms of gender equality and non-discrimination obligations; acknowledgment of CEDAW provides the basis for person’s gender equality standards. b. Legislative Incorporation In several countries, international treaties necessitate an act of legislation to incorporate them into national law. This incorporates the passing of legislation that brings national law into harmony with international obligations. For instance, the United Kingdom’s method for the incorporation of international treaties relies upon Parliament passing legislation to fulfil treaty obligations. The UK’s Human Rights Act 1998 as an example of legislative incorporation, seeks to incorporate the European Convention on Human Rights (ECHR) into UK national law. Likewise, Australia’s mechanism for the incorporation of international treaties involves the passing of enabling legislation. Although not directly incorporated into Australian domestic law, the Australian Constitution allows for the effectuation of international treaties through legislative action. The Australian Parliament has passed legislation that ensures compliance with international human rights obligations, such as the Australian Human Rights Commission Act 1986. 4. Influence on Judicial Interpretation  a. Constitutional Interpretation International law can influence the construction of provisions in domestic constitutions. Courts may construct domestic constitutional rights and principles based on international legal standards; thereby ensuring that national law is consistent with global standards. This occurs in jurisdictions where treaties have been incorporated into national law; however, it may applies more broadly than domestic incorporation of international treaties. In South Africa, for example, the Constitutional Court often referred to international human rights documents when it interprets the Bill of Rights. South Africa’s method of constitutional construction ensures that national provisions are interpreted in keeping with international human rights standards. In similar fashion, the Supreme Court of India has used international treaties and conventions to guide its construction of fundamental rights, as set out in the Indian Constitution. In doing so, India has aligned its national law with international law. b. Human Rights Adjudication International human rights treaties present numerous opportunities for adjudication of cases involving fundamental human rights. In many events, courts and human rights tribunals utilize international human rights norms in adjudicating cases addressing discrimination, freedom of expression, and the right to a fair trial. Many courts and tribunals have found this practice useful in ensuring that domestic legal standards comply with international human rights

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Indigenous Peoples’ Rights and Cultural Heritage Preservation

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Indigenous Peoples’ Rights and Cultural Heritage Preservation 22 jan 2025 1. Introduction The indigenous peoples of the world, with their innumerable cultures and diversities of life, history, and traditions, form a significant part of the cultural mosaic. Their rights and cultural heritage have always been major concerns regarding threats from various fronts: colonization, modernity, and environmental degradation. Preserving the cultural heritage of indigenous communities, while at the same time upholding their rights, is indeed an extremely complex issue with intricate details. This essay discusses the legal frameworks, international agreements, and challenges correlated with indigenous peoples’ rights to cultural heritage preservation. It reflects on the role of international law, challenges brought about by modern challenges, and the need to preserve the indigenous cultural heritage for future generations. 2. Historical Context and Legal Framework The history of indigenous peoples worldwide is scared by colonization, marginalization, and suppression of their cultural heritage. Land was taken away as the colonial masters introduced their sets of laws and delved into disregard for laws and customs of people indigenous to them. For example, the colonization of the Europeans in America saw many indigenous communities displaced and cultures decimated. The colonization of the British in Australia led to the near extinction of languages and cultural practices amongst Aborigines.  3. International Legal Frameworks Several international legal regimes have been elaborated, responding to historical injustices for the protection of the rights of indigenous people to their cultural heritage. Core documents include: a. United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) Adopted by the United Nations General Assembly in 2007, UNDRIP represents the milestone in recognizing indigenous peoples’ rights. The UNDRIP enumerates the collective rights of indigenous peoples to self-government, land, culture, and involvement in decision-making processes. The UNDRIP attaches a great deal of importance to the preservation of indigenous cultural heritage and lays down that indigenous peoples are in control over traditional knowledge and practices. b. Convention on Biological Diversity (CBD) The CBD, signed in 1992, is an acknowledgment that traditional knowledge and practices are significant in biodiversity conservation. It encourages active participation of indigenous peoples in management and protection within their respective traditional lands and knowledge. The Nagoya Protocol to the CBD, adopted in 2010, provides a legal framework aimed at the fair and equitable sharing of benefits arising from the utilization of genetic resources and traditional knowledge. c. International Labour Organization Convention No. 169 Adopted in 1989, ILO Convention No. 169 is a comprehensive international instrument that covers a wide range of rights for indigenous and tribal peoples, including issues relating to land, participation in decision-making, and cultural preservation. Convention No. 169 is legally binding upon the ratifying countries and as such provides a legal framework for the protection of indigenous cultural heritage. d. World Heritage Convention It was adopted in 1972 and focuses on protection of the cultural and natural heritage of outstanding universal value. Though it does not specifically address the rights of indigenous peoples, many indigenous sites have been recognized within this framework. The Convention encourages the participation of indigenous peoples in the management and conservation at World Heritage sites. 4. Cultural Heritage Protection a. Importance of Cultural Heritage Cultural heritage is the ensemble of all traditions, languages, art, rituals, and practices that identify a community. In the case of indigenous people, it is directly linked to their relationship with the land and natural resources. It is crucial in maintaining their social cohesion, historical continuity, and cultural diversity. This heritage needs preservation not only for the communities themselves but for humanity as a whole, for its contribution to global cultural diversity. 5. Challenges on Cultural Heritage  a. Environmental Degradation The greatest threat to indigenous peoples’ culture is environmental degradation. Deforestation, mining, and industrial agriculture all disrupt the homelands and ecosystems on which people have traditionally relied. Deforestation in the Amazon Rainforest alone has taken not only a toll on the biodiversity in the region but threatened the culture which indigenous communities have with the forest for their livelihoods and spiritual practices. b. Globalization and Modernity Globalization and modernity result in the homogenization of cultures and erosion of the traditional practices thereof. The challenges regarding any indigenous culture are that they may be overpowered by Western values and a way of life. They may lose traditional knowledge and practices within such influence. The spread of technology and mass media often converts into cultural assimilation and further marginalizes languages and cultures of indigenous communities. c. Legal and Political Challenges The concept of indigenous cultural heritage is often mired in judicial and political tussles. Conflicting rights over land, inadequate legal provisions, and lack or minimal representation in decision-making forums all combine to work against any possibility of preservation. Very often, court cases regarding land ownership and the extraction of resources have placed indigenous cultural sites under threat. 6. International and National Efforts in Preservation International Initiatives a. UNESCO’s Intangible Cultural Heritage Program UNESCO’s ICH program was devised to preserve cultural practices and traditions important to communities for their identities. It aids in the identification and preservation of intangible cultural heritage in various ways, one of which includes the Representative List of the Intangible Cultural Heritage of Humanity. A few of the indigenous practices have been included in this list, such as certain traditional dances and rituals, proving their significance and a need for their preservation.  b. Convention for Safeguarding of the Intangible Cultural Heritage Adopted in 2003, the Convention deals with safeguarding intangible cultural heritage, including oral traditions, performing arts, and traditional knowledge. It emphasizes the role of communities in the preservation process and encourages the establishment of national inventories and safeguarding measures. This Convention provides a framework for protecting indigenous cultural practices from extinction. 7. National Legislation and Policies  a. Australia’s Native Title Act 1993  Australia’s Native Title Act acknowledges the rights of Aboriginal and Torres Strait Islander peoples to their various lands and waters. It provides legal provision for the making of claims on and the protection of native title, assists in the

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