Aadhaar not mandatory for death certificates, govt clarifies

News Network
August 4, 2017

New Delhi, Aug 4: The government on Friday made a strong pitch for the use of Aadhaar number to register deaths to prevent “identity fraud”, but stopped short of making it mandatory even as fears of privacy being compromised are yet to be put to rest.

The Registrar General India (RGI), in a notification, stated that the Aadhaar-linked death registration will start from October 1.

The government, however, clarified that it was not mandatory. If an applicant is not aware of the Aadhaar number or Enrolment ID Number (EID) of the deceased, he or she will be required to provide a certificate that the deceased person did not possess Aadhaar number to the best of their knowledge.

Aadhaar is a unique 12-digit biometric number that is used for accurate identification of all individuals in the country.

Benefits meant for the poor, under government’s welfare schemes, have been misappropriated — in the name of the dead — raising the need for accurate identification of deceased.

In a statement, the home ministry said the use of Aadhaar number for death certificate will help establish the identity of the deceased and ensure accuracy of details provided by relatives or dependents of the deceased and obviate the need for producing multiple documents.

“Any false declaration given by the applicant in this regard will be treated as an offence as per the provisions of the Aadhaar Act, 2016 and also Registration of Birth and Death Act, 1969,” the statement said, adding that the Aadhaar number of the applicant and his/her spouse and parents shall also be collected.

The RGI, which functions under the home ministry, has directed departments in states and Union territories, responsible for registration of births and deaths, to ensure compliance by concerned authorities, and sought its confirmation by September 1.

The provision will be implemented in all states except Jammu and Kashmir, Assam and Meghalaya, where dates will be notified separately.

Privacy Issues

The move comes at a time when the Supreme Court is hearing a petition over threat to privacy arising from the use of the digital identification numbers. Hacking or leaking of Aadhaar data has also been reported several times recently.

Law and IT minister Ravi Shankar Prasad said he expects a “robust” data protection law to come up following recommendations from a panel formed for the purpose on August 1.

The committee, headed by former SC judge BN Srikrishna, will study and identify key data protection issues and recommend methods to address them.

The government has also made it mandatory to link Aadhaar number with Permanent Account Number for filing income tax returns, and for any bank transaction over Rs 50,000. The number is also mandatory for availing some welfare schemes.

 

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News Network
January 24,2025

Bengaluru, Jan 24: Following several reported suicides allegedly caused by harassment from Microfinance Institutions (MFIs), Karnataka Home Minister G. Parameshwara on Friday acknowledged that the current laws are insufficient in dealing with the highhandedness of these institutions in the state.

Speaking to the media in Bengaluru, Parameshwara confirmed widespread complaints of MFI-related harassment, stating that existing laws were ineffective in curbing the issue. The Congress government plans to amend the law to ensure stricter regulations for MFIs.

"The reports from our department indicate that current laws are inadequate, and they lack the necessary strength to curb this menace," Parameshwara said. He added that new, stringent laws would be framed to regulate the MFIs, with the Congress government taking steps in that direction. In the meantime, officials have been instructed to take immediate action regarding ongoing harassment cases.

Explaining the situation, Parameshwara highlighted that MFIs often demand multiple signatures from loan recipients, which they might not fully understand. "This leads to forced raids, seizures of properties, and other actions," he noted, adding that such practices need to be addressed under law.

Law Minister H.K. Patil and Chief Minister Siddaramaiah have also taken note of the issue. Siddaramaiah has called for a meeting on January 25 to discuss the alarming rise in cases and the ineffectiveness of current laws.

The issue has sparked public outcry, with victims’ families, including the wife of a suicide victim, sending symbolic protests such as mangalsutras to Parameshwara, demanding action against the MFI staff involved. Numerous petitions have been filed in Deputy Commissioners' offices across the state, urging government intervention to stop MFI harassment.

In response, opposition leaders, including Union Minister H.D. Kumaraswamy, BJP’s R. Ashoka, and Basavaraj Bommai, have accused the Congress government of losing control over MFIs, enabling the widespread exploitation of vulnerable citizens.

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News Network
January 27,2025

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The Uniform Civil Code (UCC), a law that has faced long-standing criticism from the Opposition, will officially come into effect in Uttarakhand on January 27, making it the first state in independent India to put into effect such a law.

According to the state’s chief minister Pushkar Singh Dhami, the government has completed all preparations to implement the law, including getting approval of the rules for the implementation of the Act and training of officials concerned. The rationale given for the law is that it will bring about ‘uniformity in the society and ensure equal rights and responsibilities for all citizens.’

"UCC is just an offering made by our state in the great 'yagya' being performed by the Prime Minister to make the country a developed, organised, harmonious and self-reliant nation," PTI quoted Dhami as saying in a statement.

The BJP had made a promise to implement the Uniform Civil Code in Uttarakhand in the run-up to the 2022 assembly polls.These polls saw the party storming to power for a second consecutive term, something never done by any other party in the state since its creation in 2000.

According to CM Dhami, the historic mandate was because of the party's commitment to passing the UCC.

The Uniform Civil Code journey in Uttarakhand

The Uttarakhand state cabinet cleared a proposal to form an expert panel on the Uniform Civil Code in March 2022 in the first cabinet meeting after winning the assembly elections. The panel, headed by retired Supreme Court Judge Ranjana Prakash Desai, was constituted on May 27, 2022 to prepare the draft of the UCC.

The Desai committee submitted a comprehensive draft in four volumes, prepared after one and a half years of dialogue with different sections of the state's population. It was sent to the state on February 2, 2024 and just a few days later, the Uttarakhand assembly passed the UCC bill. President Droupadi Murmu gave it her assent in March 2024, nearly two years after the initial proposal.

Another expert committee was at work after that, headed by former chief secretary Shatrughna Singh. It was formed to frame the rules and regulations for the implementation of the Act. The Sinha committee submitted its report to the state government late last year.

The state cabinet gave its approval recently and authorised the chief minister to decide a date for its implementation. Dhami decided the date to be January 27, 2025, a day after the country celebrated its 76th Republic Day.

What is in the Uttarakhand UCC?

The Uniform Civil Code Act of Uttarakhand will govern and regulate the laws relating to marriage and divorce, succession, live-in relationships and related matters.

It sets equal marriageable age for men and women, grounds of divorce and procedures across all religions, and bans polygamy and 'halala'.

Doon University Vice Chancellor Surekha Dangwal, who was part of the panel that drafted the UCC and was among those who framed the rules for its implementation, described to PTI the provisions aimed at bringing about gender parity in matters of marriage, divorce and succession, treating all children as legitimate including those born of void or voidable marriages, simplifying the process of preparing a will and regulating live-in relationships as the most outstanding in the UCC. She termed gender parity across all religions as the spirit of UCC.

According to Duggal, the UCC makes registration of all marriages and live-in relationships mandatory. She also said that the government has created facilities to help people register their marriages online so that they do not have to run around government offices for it.

"Another remarkable feature of the UCC is that it treats all children as legitimate. We have in fact totally done away with the term illegitimate in the context of children," she said. The UCC also makes a special provision for defence personnel called "privileged will" which can be made both in writing or by word of mouth.

Any soldier or air force personnel engaged in an expedition or actual warfare or a mariner at sea can make a privileged will for which rules have been kept flexible.

UCC criticism

Opposition leaders have criticized the UCC, arguing that it may lead to societal division along religious lines and might be impractical and overly ambitious.
The debate surrounding the UCC extends beyond Uttarakhand, as Article 44 of the Indian Constitution advocates for a uniform civil code across the country. Prime Minister Narendra Modi has referenced the Supreme Court's direction on the need for a common code, stressing that fulfilling the vision of the Constitution's framers remains a national goal.

Uttarakhand's implementation of the UCC is likely to set a precedent, with other states potentially following suit. The success of the law's implementation will depend on its ability to balance individual rights and social harmony.

As Uttarakhand stands at the forefront of this legal revolution, the coming weeks will offer a clearer picture of how the UCC will be received, both in the state and across India. The state's experience with the UCC will undoubtedly shape the future of personal law reform in the country.

What is the implementation process?

Shailesh Bagauli, secretary (home), stated that the government will issue two notifications: one for the implementation of the UCC and another for the rules and regulations, officially launching the UCC in the state.

Dhami had promised to implement the UCC if re-elected during the 2022 state polls. After becoming CM, he appointed a five-member committee led by Justice Ranjana Prakash Desai to draft the code, which received feedback from over 2.3 lakh people, representing nearly 10% of Uttarakhand's families.

The 740-page draft was presented to the chief minister on February 2, 2024, approved by the cabinet on February 4, tabled in the assembly on February 6, and passed the following day. Governor Lt Gen Gurmit Singh (retd) approved the bill on February 28 and President Droupadi Murmu subsequently signed it on March 11.

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News Network
January 22,2025

israeljenin.jpg

Israeli forces have killed at least eight Palestinians and injured 35 others in an attack on the occupied West Bank city of Jenin, prompting Hamas to call for full mobilization of Palestinian youths against the occupation forces.

Palestinian media reported that the regime’s forces, backed by helicopters, raided Jenin and its refugee camp on Tuesday morning following several drone strikes.

The spokesman for the Palestinian security forces, Anwar Rajab, said in a statement that Israeli forces had "opened fire on civilians and security forces, resulting in injuries to several civilians and a number of security personnel, one of whom is in critical condition".

Israel’s military also confirmed that its soldiers, police and intelligence services had begun an operation, which Benjamin Netanyahu, the prime minister, described as a "large and significant" operation to "eradicate terrorism.”

The attack on Jenin, where the regime’s forces have carried out multiple raids and large-scale incursions over the past year, comes only two days after the start of a long-awaited ceasefire between Israel and the Palestinian resistance movement Hamas.

Hamas said in a statement that people in Gaza “mourn the martyrs of Jenin who fell to the fire and bombardment of the occupation.”

The resistance group also urged Jenin’s “rebellious youth to mobilize and escalate confrontations with the Israeli army.”

Hamas said that the offensive “launched by the occupation in Jenin will fail, just like all its previous military operations against our people,” in Gaza.

The resistance group, which fought Israeli forces for 741 days in the besieged Gaza Strip, said its unprecedented operation against the occupied territories in October 2023, was “the final nail in the coffin of the collapsing Israeli regime.”

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