Law Of Domicile In India

Domicile related issues are frequently involved while dealing with employment, succession, education, marriage and divorce and similar issues. Domicile is particularly relevant when legal rights and liabilities have to be decided that involve more than one legal jurisdictions. That makes domicile a conflict of laws aspect and very few legal professionals and law firms of the world can deal with the same.

Despite being such an important aspect, there is no set procedure to get a domicile certificate in India. In fact, there is no dedicated law of domicile in India as on date and legal issues of domicile are governed by different statutes, conflict of laws and common laws principles.

We at Perry4Law tried to streamline the same by involving Income Tax Authorities of India so that Indian and international taxation and succession related issues can be managed more effectively in India. However, the income tax authorities developed cold feet and they used all sorts of excuses to avoid that reform. As a result, Indians residing abroad are facing many hardships that is not required at all.

The basic principles regarding domicile are that:

(1) No person can be without a domicile.

(2) No person can at the same time for the same purposes have more than one domicile.

(3) An existing domicile is presumed to continue until it is proved that a new domicile has been acquired.

The law of domicile in India can be traced under the Indian Succession Act, 1925. The domicile under the provisions of the Act can be classified under the following categories:

(i) Domicile of origin,

(ii) Domicile of choice, and

(iii) Domicile by operation of law.

The domicile of origin cannot be lost as such. Even when a domicile of choice is acquired, the domicile of origin will remain in a suspended state. A domicile of choice can be abandoned by a person when he or she ceases to reside in a country and ceases to intend to reside there permanently or indefinitely. When a domicile of choice is abandoned either a new domicile of choice is acquired, or the domicile of origin revives by operation of law.

Perry4Law Law Firm has created many resources for global stakeholders in this regard. See the following in this regard:

(1) Article: Laws Of Domicile In India: The Premier Legal Guide By Visionary Praveen Dalal,

(2) YouTube Video: Laws Of Domicile In India: The Premier Legal Guide By Visionary Praveen Dalal,

(3) Podcast: Laws Of Domicile In India: The Premier Legal Guide By Visionary Praveen Dalal.

Perry4Law Law Firm hopes that our readers would find this article and related links worth reading. If you need any professional legal help, feel free to contact us in this regard.

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Healthcare Cyber Security Issues For Businesses And Entrepreneurs In India By CECSRDI

Healthcare industry is facing diverse range of cyber attacks these days. The prominent among them is ransomware that encrypts the sensitive healthcare information and decrypts the same only once the ransom is paid.

So much is the nuisance these days that the National Institute of Standards and Technology (NIST) has released a guide for IT developers on integrating security measures into the development process, which could influence healthcare cyber security management.

The updated draft of the NIST publication provides IT developers with a framework for incorporating cyber security measures into the design process. The document aims to help inventors consider information security needs in all stages of the product, including how to dispose of the system while still protecting data.

Presently, healthcare cyber security market consists of protection against malware, ddos, advanced persistent threat, spyware, lost and stolen devices, etc. However, the list is just illustrative and the cyber security requirements are as vast as are the options available to the cyber criminals.

Centre of Excellence For Cyber Security Research and Development in India (CECSRDI) of Perry4Law Organisation (P4LO) strongly recommends that the healthcare industry must work on three fronts i.e. formulation of techno legal policies, adoption of best cyber security practices and a mechanism to ensure cyber breach disclosure and coordination with the statutory and government authorities. If any of these three stages is missing, then the concerned healthcare organisation is at graver risk of cyber attacks and loss of sensitive healthcare information.

India Is A Sitting Duck In Cyber Security Area Warned Visionary Praveen Dalal In 2014

India’s position regarding cyber security and privacy protection has been exposed due to recent negative developments that have severely affected the rights of Indian citizens. It has now become very clear that India is a sitting duck in both the fields of civil liberties protections and cyber security. It has also been well understood by Indian citizens that privacy rights in India is not charity but a constitutional right. As a result it would be next to impossible for the Modi government to fool Indian citizens anymore in this regard.

Cyber security in India is an alien concept for Indian government for long. Even the Modi government is currently not in a position to tackle the cyber security challenges of India with its current approach and policies. Anybody can target India for various forms of cyber attacks and cyber crimes and India has become a land of no resistance for the crackers.

According to Praveen Dalal, managing partner of New Delhi based ICT law firm Perry4Law and CEO of Perry4Law’s Techno Legal Base (PTLB), India is a Sitting Duck in the Cyberspace and Civil Liberties Protection Regime. Malware like Stuxnet, Duqu, Flame, Uroburos/Snake, Blackshades, FinFisher, Gameover Zeus (GOZ), etc cannot be tackled by India due to lack of Offensive and Defensive Cyber Security Capabilities. Cyber Security Breaches are increasing World over and India must be “Cyber Prepared” to deal with the same. The Cyber Security Challenges before the Narendra Modi Government are not easy to manage and Indian Cyberspace must be protected on a “Priority Basis”.

Whether it is Congress government or Bharatiya Janata Party (BJP) government, none of them have done anything significant in the directions of ensuring effective cyber security laws and privacy laws in India. For instance, the Modi government has done nothing except summoning of few officials of United States for blatant violation of privacy rights of Indians and invading Indian cyberspace.

According to Dalal “We cannot “Enact Laws” but we can use “Counter Technologies” to prevent Illegal and Unconstitutional E-Surveillance and Eavesdropping. Self Defence and Privacy Protection in India must be ensured by us at our own levels. The initiatives titled PRISM Break and Reset the Net are the “Starting Point” in this regard”. If Modi government fails to safeguard privacy rights in the information era, self defence seems to be the only available option for Indian citizens.

Modi Government Failed To Address Cyber Security Challenges Despite A Warning In 2014 By Visionary Praveen Dalal

Praveen Dalal, CEO Of Perry4Law Organisation (P4LO), PTLB And PTLITC.

This article was written by Visionary Praveen Dalal in 2014 making PM Modi aware of the dire need to ensure robust and resilient cyber law, cyber security and national security of India. But till September 2022 nothing has been done by Modi govt in this regard. This article has been reposted here with permission so that students of Streami Virtual School can understand and learn about Indian cyber law and cyber security conditions.

As Mr. Narendra Modi is all set to swear to the post of Prime Minister of India he has to face unlimited challenges that have accumulated over a period of time. Thanks to our bureaucratic set up and all pervasive corruption, public reforms have always been kept at bay. There was no dearth of money and skilled people to accomplish the projected targets but still a dominant majority of projects in the last decade have failed to materialise.

Now that Mr. Modi has asked for a brief but accurate report and analysis of the situation, our bureaucrats are sweating and are in high stress. Even if they may somehow justify their non action and national reforms massacre still they would not be in a position to accomplish the mammoth tasks that have yet to be achieved. Decades of corrupt practices, incompetencies and indifference cannot be defeated in few years especially by retaining the same bureaucratic and ministerial structure.

Although there are hundreds of issues of national importance yet I would like to confine myself to a single issue that is closely and intrinsically related to our national security. The issue that I am talking about is the cyber security of India that is in a really bad shape. For decades our bureaucrats and Indian government did not consider cyber security as an essential part of national security policy of India. As a result cyber security has been grossly neglected and this has created a situation of high alert.

Even on the legislation front, India has failed to do the needful. For instance, we need to repeal the laws like Information Technology Act, 2000 (IT Act 2000), Indian Telegraph Act, 1885, etc but for some strange reasons our bureaucrats and Indian government kept them intact. I have been suggesting this recourse for the past five years but till now nothing concrete has happened in this regard. Similarly, crucial laws are absent from Indian statute books. These include law regarding privacy, data protection, telecom security, encryption, cloud computing, etc.

Mr. Modi would be required to not only overhaul his cabinet structure but also cleanse the bureaucratic circles that have been plaguing Indian reforms. Bureaucrats and politicians with clean image, hard working reputation and reforms oriented approach must alone be part and parcel of the Prime Minister’s Office (PMO) that may emerge as a “centralised national reforms point” of India. The approach regarding the proposed PMO is much required as that may be a game changer for India.

The previous PMO of India has already sanctioned a plan to spend 1,000 crore over the next four years to strengthen the cyber security capabilities of India. All Mr. Modi has to do is to make it sure that this may not be another proposal with no actual implementation. It must also be ensured that the allocated money is not only utilised but corrupt practices must also not take place while executing the cyber security project.

Obviously India needs to establish both offensive and defensive cyber security capabilities. This is important to protect the critical infrastructures of India that are dependent upon information technology. A cyber warfare policy of India must also be formulated as Malware like Stuxnet, Duqu, Flame, Uroburos/Snake, Blackshades, FinFisher, etc are far beyond the reach of present cyber security mechanisms. These Malware are stealth in nature and till the time they are discovered the damage is already done.

Skilled workforce is also need of the hour and for this purpose cyber security courses must be introduced at the university level. Online education must be encouraged so that online cyber security courses can be imparted in India.

In short, the cyber security challenges before the Modi Government are institutional, skills driven, time sensitive and urgent in nature. We have already delayed strengthening of our cyber security capabilities and any further delay should not be tolerated by him.

Cyber Security Challenges For The Modi Government As Suggested By Visionary Praveen Dalal In 2014

Praveen Dalal, CEO Of Perry4Law Organisation (P4LO), PTLB And PTLITC.

In May 2014, Praveen Dalal, CEO of Perry4Law Organisation (P4LO), PTLB and PTLITC, warned about poor cyber law and cyber security conditions in India. But till September 2022 nothing has been done by Modi govt in this regard, except empty promises.

Cyber security in India is in a poor condition even in September 2022.  Cyber security of banks in India is also required to be strengthened. The banks operating in India are not at all serious about maintaining cyber security of banking related transactions and this is resulting in many cyber and financial crimes in India. In the absence of appropriate skills development and modernisation of law enforcement agencies of India, police force are finding it really difficult to solve technology related crimes. Further, cyber security of sensitive databases would also require strong privacy protection and cyber security compliance.

Another problematic area is absence of an implementable telecom security policy of India. Most of the policies and regulations in this regard are clearly unconstitutional in nature as they are neither balanced nor in compliance with the constitutional requirements. Experts believe that the stand of Modi government regarding e-surveillance projects like Central Monitoring System (CMS) Project of India and Internet Spy System Network and Traffic Analysis System (NETRA) of India must be made clear. Otherwise, this would create troubles for the government as well as for the telecom security policy in the near future.

In 2014, Visionary Praveen Dalal recommended:

“The cyber security challenges for the Modi government must be given due importance. Cyber security should be an essential component of the national security policy of India. The cyber security trends in India, as provided by Perry4Law Organisation (P4LO) from time to time, have highlighted major shortcomings of Indian cyber security initiatives and the same must be addressed by Modi government as soon as possible. Although National Cyber Security Policy (NSCP) 2013 has been declared yet it needs both updation and implementation.”

“We need dedicated cyber security laws in India and effective cyber security policies. For instance, we have no cyber warfare policy of India and this is a major lacuna in the contemporary times. Similarly, critical infrastructure protection in India is also not up to the mark and it needs to be strengthened. Let us hope that the Modi government would do needful in this regard.”

However, nothing happened since 2014 as political aspirations are more important for Modi govt than national security and national cyber security.

But we at P4LO, PTLB and PTLITC have continued to spread awareness and created dedicated techno legal online portals so that techno legal skills in fields like cyber law, cyber security, cyber forensics, etc can be developed in India. Streami Virtual School is the first virtual school of India and first techno legal virtual school of the world. It is already developing skills of cyber law and cyber security of K12 segment. PTLB and PTLITC are managing cyber law and cyber security skills development initiatives of P4LO from K12 to lifelong learning stages.

Let us hope that Modi govt would wake up now to the dangers of technology usage and do the needful as soon as possible.

Welcome To The First Virtual School Of India And First Techno Legal Virtual School Of The World

Perry4Law Organisation (P4LO) is the first and premier techno legal institution and entity of the world. It was established in the year 2002 by visionary Praveen Dalal and since then it has achieved many global milestones. As it was two decades ahead of its time, we found it very difficult to implement its objectives, goals and ideals. All govts in India have failed to realise its importance and significance since 2002 and even in 2022 techno legal projects and offerings of P4LO are like conveying Star Trek ideas to cavemen. It has been almost 2 years and both Central Govt (BJP) and Delhi Govt (AAP) are sitting upon the recognition request of Streami School. We took a break in the hope that we may have some educated and understanding politician in India, but none has surprised us so far.

Perry4Lawś Techno Legal Base (PTLB) was also established in the year 2002 to implement the techno legal projects of P4LO. It has been instrumental in managing techno legal fields of P4LO like cyber law, cyber security, cyber forensics, e-discovery, artificial intelligence (AI), machine learning, online education and virtual schools, etc. Streami Virtual School is one of the online schools of PTLB.

PTLB has been managing virtual campuses in India since 2007 from school level to lifelong learning stages. PTLB is also active as a digital university or virtual university for long but the time has not come for the actual use of digital universities in India till now. Even a Virtual Law Campus has been established by PTLB in the past and it is still active.

Stream Virtual School is supported by two decades of techno legal experience and expertise of P4LO and PTLB. Despite indifferent and ignorant behaviour of BJP and AAP govts, Streami School continued to innovate on various aspects of Virtual School and empowering education. Unlike govtś gimmicks and empty promises, Streami School is a strong contender for global virtual school framework. After a series of discussion and deliberations, it was decided at PTLB to launch a WordPress blog to ensure continuity, reliability, cyber security and additional measure to spread awareness about Streami School. This blog is achieving that goal and we hope both national and international education community would find it useful and take full advantage of this revolutionary global education reforms of P4LO and PTLB.

We are accepting investment offers from very selective global investors who are willing to invest in P4LO or its startups on an unconditional, pre-approved and non stake basis. Do a thorough research and due diligence about our startups before contacting us as we would be expecting an in-principle investment approval along with your initial contact/e-mail. We have zero tolerance policy for spam or casual communications so unless you are our type of investor, it would be a bad idea to contact us to explore investment options. Be sure about your investment decision in advance and things would be pretty simple and smooth from our side.

Similarly, global collaborators having similar mindset, policies, goals and objectives can contact us for collaborations. While contacting us, clearly mention how you wish to collaborate with us. Asking us to tell you how to collaborate is naive and considered a spam communication from your side, so avoid that stupidity.

Let us together revolutionise global education from K12 to lifelong learning stages. We welcome all investors, collaborators, partners, associates, etc of Streami School in advance. See you on the board and at a wonderful journey.