2023 - Hakam Shah

How to Deal with Hate Speech?

Post author:Hakam Shah
Post published:2023-12-17
Post category:Law
Reading time:3 mins read

Hate speech occurs in all societies, whether offline or online. It can sometimes be hard to assess when a comment is meant as hate speech – especially when expressed in the virtual world. It can also feel overwhelming to try to deal with obviously hateful content. However, there are many ways you can take a stand, even if you are not personally the victim of hate speech. And you can make a difference. The following tips may be helpful. Pause Refrain from making any hateful comments yourself and/or relaying such content. Whether online or offline, we should all act responsibly to stop the spread of hate and misinformation. Check out the United Nations #PledgetoPause campaign to find out why it’s important to take a moment to pause before you share content online. Learn how to do this responsibly – whether you’re forwarding a message, retweeting a story or watching a video in your feed. Fact-check In the digital world, it’s common to come across misinformation and harmful content, but it’s relatively easy to verify content you find is reliable. To detect false and biased information, including hate speech propaganda, be sure to check the content’s origin with the help of search engines, fact-checking tools and other reliable sources. You can also download images and run them through image search tools to find out where they appeared first. React Whenever possible, do not remain silent, even when it is others who are targeted. Speak up calmly but firmly against hate speech and call…

For Every Child, Every Right

Post author:Hakam Shah
Post published:2023-11-20
Post category:Law
Reading time:7 mins read

Children are not just our future, they are our present too, which is why World Children’s Day is celebrated on November 20 each year to promote and advocate for the rights of the child. On November 20, 1956 the UN General Assembly adopted the Declaration of the Rights of the Child. On the same day in 1989, the UN General Assembly adopted the Convention on the Rights of the Child (UNCRC). This year’s theme for Children’s Day is: ‘For every child, every right’. Pakistan is one of the few countries that ratified the UNCRC within a year of its adoption on November 12, 1990 – 33 years ago. Pakistan submitted its first and initial report to the Committee on the Rights of the Child in January 1993 and the latest sixth and seventh combined periodic report in August 2023. The UNCRC Committee adopted the concluding observations on the fifth periodic report of Pakistan at its meeting held on June 3, 2016. In the concluding observations on the fifth periodic report of Pakistan, the UNCRC Committee reiterated its previous recommendation to Pakistan that it “ensure the full harmonization of its legislation as regards the definition of the child so as to define a child as any human being below the age of 18 years.” Pakistan has a wide population of children. According to the Pakistan Demographic Survey 2020, about 29,855,239 people in Pakistan belong to the 5-9 age group, 26,929,952 to the 10-14 age group and 23,420,804 to the 15-19 age…

Digitalized judiciary

Post author:Hakam Shah
Post published:2023-11-20
Post category:Law
Reading time:5 mins read

Chief Justice of Pakistan Qazi Faez Isa has a great opportunity to rejuvenate our ailing judicial system and propel it into a dynamic force. This pivotal role can infuse new life and potential into our legal framework, ultimately reshaping the nation’s economy, politics, and society. By harnessing the power of digital technologies and simultaneously enforcing the right-to-information law that relate to the proactive disclosure and wide dissemination of information held by public bodies, the chief justice can usher in a revolutionary transformation. It is crucial to acknowledge that these two facets of transformation are intricately linked and interdependent for tangible progress. The chief justice can initiate this transformative process, commencing with the Supreme Court of Pakistan and extending it to the entire judicial system. By proactively embracing digitalization and advocating for transparency, accountability, and efficiency, the chief justice can effectively curtail resource wastage and reduce corruption. This proactive stance not only empowers the people with access to vital information but also lays the foundation for a more just and accountable society. We can draw valuable lessons from leading examples in the realm of digitalization. Estonia, for instance, stands out as a noteworthy success story in digital transformation. China, too, offers insights, as it has implemented blockchain technologies even at the district level. Additionally, various pilot projects around the world have illustrated the advantages and effectiveness of digital technologies within the legal profession. Notable initiatives include: intersection of artificial intelligence, internet courts for alternate dispute resolution, and blockchain-based judicial systems in…

What is Cyberstalking? Definition and Prevention

Post author:Hakam Shah
Post published:2023-09-11
Post category:Law
Reading time:5 mins read

Complete strangers can see when you’ve liked a photo, commented, and a lot of other actions. Unfortunately, there are people out there that will stalk others in-person and online. Most of us use social media nowadays to keep in touch with friends and family, but there is also the risk of being stalked online. Cyberstalking is as serious as in-person stalking, so as the next post in our series on cybersecurity, we created this explainer so you can identify cyberstalking and protect yourself from any attacks. What is cyberstalking? Cyberstalking is very similar to in-person or physical stalking. The special quality about cyberstalking is that it primarily uses email, social media, or other digital mediums to harass or essentially stalk someone. Groups and organizations alike can be victims of cyberstalking. Have you heard of cyberbullying? These two terms are often interchanged. They both include online harassment, threats, and intimidation by means of defamation, making false verbal statements against someone, and making false written statements against someone. For cyberstalking specifically this can also include identity theft. Be aware – sometimes cyberstalking is accompanied with in-person stalking. How does cyberstalking work? Due to the many opportunities to be anonymous on the internet, many stalkers are able to commit a cyberstalking ruse without their identity being revealed. The perpetrators can send viruses to a device in order to manipulate or gather data. Using deepfakes is also a common tactic cyberstalkers use to threaten their victims. These online stalkers can use various social media…

Role and Future of Legal Technology in the Indian Judicial System

Post author:Hakam Shah
Post published:2023-08-18
Post category:Law
Reading time:7 mins read

Introduction to Legal Technology In today’s fast-paced and ever-changing world, technology and innovation have become integral to every facet of our lives, and the field of law is no exception. There is no doubt that the legal landscape is changing rapidly as we move into the 21st century. Gone are the days when the stereotypical image of a lawyer involved poring over tons of documents. The emergence of legal technology is revolutionizing this profession. Legal technology, also known as legal tech or law tech, plays a significant role in the Indian legal system. It encompasses the use of various technologies, such as Artificial Intelligence (AI), Machine Learning, Automation, Virtual Reality, Augmented Reality, and Data Analytics, to improve the efficiency, accessibility, and effectiveness of legal services. Below are some of the key roles played by legal technology in Indian law: Case Management Legal research Contract Management Document Automation Online Dispute Resolution Access to Justice Legal Analytics E-Discovery E-Filing Benefits of Technology in Law The adoption of technology in law offers several benefits that positively impact the legal profession and the administration of justice. It has replaced traditional approaches with modern methods revolutionizing today’s legal landscape. Some of the benefits of Legal Technology include increased efficiency, improved collaboration, fast process, enhanced access to information, large data storage space, enhanced legal research, cost savings, easy access, increased transparency, data analytics, predictive insights, and improved case management. Technology automates repetitive and time-consuming tasks, such as document management, legal research, and scheduling, allowing legal professionals to work more efficiently. This leads to…

Understanding Tribal Conflict

Post author:Hakam Shah
Post published:2023-08-18
Post category:Law
Reading time:5 mins read

LAST week, the Women Action Forum (WAF) held an event in Karachi on the impact of tribal conflict in Sindh. While Sindhi media regularly reports incidents of violence, the mainstream press covers murders of prominent persons from time to time. The murder of IBA professor Dr Ajmal Sawand in April 2023 in Kandhkot was widely reported. According to the police, the murder was perpetrated by members of the Sundrani clan, who had long-standing enmity with the Sawand tribe purportedly over a matter of ‘honour’. Speakers at the WAF event talked about how women are often directly targeted in these conflicts. They are kidnapped or even killed. Indirectly, women and children are gravely impacted when all men in their family, often bread earners, become vulnerable to violence. Criminal practices such as bride-swapping persist to resolve feuds between clans. To tackle tribal violence, we must first understand it. Journalist Riaz Sohail, speaking at the WAF event, shared insights from the field that complicate the conventional understanding of the nature of tribal violence. Clans in Sindh that identify themselves today as tribes are not necessarily historical groups. Many of them are modern associations and should be likened to criminal gangs. Self-appointed ‘sardars’ or tribal chiefs claim to lead these groups, but these sardars are not necessarily persons with any generational claim to the title. In this sense, many of the so-called tribes in Sindh today may not be very different from criminal gangs in urban areas or from the Italian mafia families popularised…

Doxing: When Your Personal Data is Published Online

Post author:Hakam Shah
Post published:2023-07-23
Post category:Law
Reading time:7 mins read

In a world where a lot of our lives take place online, it can be hard to keep personal information private. This is made painfully clear by the practice of “doxing” – maliciously publishing someone’s personal data online. Doxing can have devastating consequences to victims, from damaged reputations to financial harm and even threats to personal safety. What is doxing and what can you do to protect yourself? What does doxing mean? “Dox” comes from the phrase “dropping docs,” i.e., “documents.” “Doxing” (also spelled “doxxing”) means publishing private information about a person on the internet without their permission. This information might include the individual’s home address, phone numbers, financial information, criminal record, personal photographs, or other personal details. Doxing is meant to harm the victim by causing them embarrassment and humiliation and exposing them to harassment. Sometimes the attacker is doxing someone they know personally, like an ex-spouse, but often doxing attacks are aimed at people like celebrities, politicians, or corporate executives. Doxing is now unfortunately a common occurrence, with a 2022 study revealing that more than 43 million Americans have personal experience of doxing. Why dox someone? At the heart of doxing, you’ll usually find conflict and a desire for revenge. Disputes between strangers on social media, for example, can escalate to the point in which one of the parties will dox the other. Public figures can be targeted when someone strongly disagrees with their words or actions and decides to engage in character assassination through doxing. Or a romantic partner…

Code is Criminal Law

Post author:Hakam Shah
Post published:2023-04-01
Post category:Law
Reading time:5 mins read

Web 3.0 lawyers have coined a catchphrase ‘Code is Law’ to talk about situations where legal and governance matters are shifting to blockchain. An excellent example of this occurred a few hours ago when the Cointelegraph broke the news that the Firozabad district of India’s state of Uttar Pradesh will launch a project with Polygon Technology to put police complaints on blockchain. Polygon’s cofounder Sandeep Naiwal mentioned that he is launching this project because it is very close to his heart and many rape victims are not able to register complaints. This one step taken in one of India’s 766 districts has a very real chance of writing the future of criminal law in the region. Sandeep has lit a spark that could burn brighter than the light of millions of judges and billions spent on law enforcement.An objective view of the criminal justice systems of South Asia would reveal that they have very little to do with justice and play out more like a sport with lawyers as the players representing their teams. If, say a rape incident takes place there is a sprint by both parties to register the First Information Report commonly known as FIR. Those who can record their FIR first with the police may get an edge as the second FIR could then be considered a ‘counter FIR’. The police, ever aware of these legal flaws, could auction the first FIR to the highest bidder. Criminal lawyers often have to participate in such auctions and…

Student Unions

Post author:Hakam Shah
Post published:2023-03-31
Post category:Law
Reading time:5 mins read

ON Feb 9, 1984, Gen Ziaul Haq dealt an existential blow to Pakistan when he banned student unions. They were never truly restored though several civilian governments followed him and each promised to remove the ban. It may sound somewhat far-fetched but the fact is that what we are witnessing in Pakistan’s politics today is a direct consequence of that fateful move of a military dictator nearly 40 years ago. The country is in the process of a slow meltdown as our leaders squabble among themselves for power and wealth. What is tragic is their lack of concern for the economy that is on the brink. The common man has been hit. But who cares? Inarguably, our leaders do not qualify to be at the helm. They lack the understanding of sociocultural realities to rule a country as diverse as Pakistan. With the exception of a handful, they have had no training in operating in an environment comprising multiple interests. In this context, the consensus is that student unions are the best training ground for politicians. Things may not have come to such a pass if we had student unions. Gen Zia was a wily man and understood that the threat to his survival came from an organised students’ body. The progressive student parties had swept the polls in 1983 when the last student unions’ elections were held. Zia saw which way the wind was blowing and reacted by imposing a clampdown on the unions. For precisely the same reason…

Know Your Rights: The Delegated Right to Divorce

Post author:Hakam Shah
Post published:2023-03-27
Post category:Law
Reading time:9 mins read

The concept of talaq (divorce) within the Pakistani society is often frowned upon and, as per Islamic principles, should be avoided. However, it is no secret that the Islamic principles on divorce are often misused in our culture, especially when protecting women stripped of their right to exit an unhappy or abusive marriage. It is pertinent for a progressive society to acknowledge that divorce, albeit an undesirable act, is permissible under the Shariah. Islamic law is very particular in drawing proper procedural rules regarding family laws which align with other Islamic injunctions. It lays down three fundamental ways in which two people may part after marriage: divorce, khula and judicial khula. Under the umbrella of divorce, there is also the ‘delegated right of divorce,’ referred to as talaq-e-tafweez. The knowledge on this subject is scant and not necessarily accurate among the masses due to which it faces a lot of criticism, hence, it is crucial to know what talaq-e-tafweez is, what the criticism is about and the correct procedure under which this right can be exercised, both in light of Shariah law and the Pakistani legal system. According to Shariah, the right to divorce vests principally with the husband rather than the wife. But this power may be delegated by the husband to his wife or a third party, with or without attaching conditions. This right to delegated divorce has also been acknowledged and provided in Pakistani law under section 8 of the Muslim Family Laws Ordinance (MFLO) 1961 in the following words: “Dissolution of marriage otherwise than by Divorce: Where the right to divorce has…