TaxoLawgy

Why does India need Aadhar Card – UID?

July 31, 2019 by aishagarg, posted in Uncategorized

Does India Need Aadhaar Card?

You might already possess documents like Pan Card, passport, driver’s licence, etc. which help you in identification. So why do you need an additional document like the aadhar card?And what are the benefits of aadhar card

What is an aadhaar card?

The Aadhaar card is a unique identification number which is connected with fingerprints and iris scan of the cardholder. UIDAI issues the aadhar card. It functions as a proof of identity and not of citizenship.

The code on the card is a 12-digit unique number which the UIDAI assigns to Indian citizens after they complete the verification process. Indian residents may voluntarily enrol to acquire an Aadhaar card regardless of their age, gender, religion, etc..

So, Why was the Aadhaar card introduced in India?

National databases can prove to be quite helpful in increasing the efficiency of administration. In India, there were several means of verifying identity, for eg., electoral identity card, income-tax PAN card, passport, ration card, driving license, etc. But they weren’t capable to handle a large population such as India’s.

The concept behind Aadhaar was to formulate a centralized system for India with one form of recognizable ID. Thus, reducing the use of birth certificates and ration cards which were prone to loss and damage. The old system also left marginalized people especially the rural poor struggling to obtain state services. Thus, the aadhaar card scheme was started in 2010 by the then PM Dr Manmohan Singh.

The basic intention of the card is the identification of citizens and giving them the terminal benefits of the government schemes.

Additionally, people can use the aadhar card pan India as an identity card. They can also link it with bank accounts, insurance, and pension.

In the ruling of 2018, the Supreme court states that “Unique identification proof empowers and gives identity to marginalised sections of society.”

What is the importance of Aadhar Card?

According to Nandan Nilekani, the first UIDAI chairman, Aadhar card has helped the Government save about USD 9 billion. The unique aadhar number eliminates fakes and duplicates from the beneficiary and employee list. This helps in eliminating frauds in the financial distribution system.
The use of biometrics gives a unique identity to every citizen of India.
Another benefits of aadhar card is that people can use the Aadhar card instead of multiple documents for official work.
The ‘Jhan Dhan Yojana,’ scheme, uses Aadhar as the main document evidence, to open up a bank account.
Aadhar card also allows the holder to avail of all government subsidies that they are eligible for.
With the use of an Aadhar Card, the process of acquiring a passport can be now speeded up. People can apply online for passports by simply attaching their Aadhaar Card as the residence and identity proof along with their application instead of uploading multiple documents.
People can now get their pension without leaving the comforts of their homes. As agencies can obtain their details through their Aadhar Card numbers.
Individuals who link the Aadhaar number to their LPG ID can avail the LPG subsidy directly in their respective bank accounts.

These benefits establish the importance of aadhar card. Thus, India needs an Aadhar card.

What to do in case an official refuse to lodge an FIR?

July 30, 2019 by aishagarg, posted in Uncategorized

Section 154 of The Code of Criminal Procedure deals with registration of First Information Report (though the Section does not use the word ‘First Information Report or FIR). Know your rights on how to file an FIR in India, procedures of filing an FIR both through physical and online FIR filing system. Know everything about filing FIR in India and how to escalate the situation if any official refuses to file a complaint.

How to file an FIR in India?

One can do online FIR registration or online police complaint about cognizable crimes. Non-cognizable crimes require submitting a complaint to the magistrate. The magistrate, in turn, directs police for action.

A “cognizable” crime covers for example murder, rape, rioting, dacoity, etc. These are the crimes where arrest can be made without a warrant. A “non-cognizable” crime covers cheating, fraud, etc. There is a difference between an FIR and a complaint.

A First information report is the report of crime or civil issues that the police receive first in point of time. The commission of the crime or the police has the right to arrest without warrant and can start the investigation. The complaint refers to an appeal made to the magistrate, comprising an allegation that a crime has taken place.

You can file FIRs online. You can always find relevant information and get contact information from each State’s Human Rights Commission office. It can be through the website of the National Human Rights Commission http://nhrc.nic.in Moreover, it is not necessary to go to the police station if the police ask you to visit, unless the police are arresting you on criminal grounds.

Grounds for the arrest of a citizen

Police can summon you to the police station in case you are a witness, suspect or have a perceived part in the crime. The police cannot take you with them while you are walking outside or you are at home if you haven’t done anything illegal. Unless they have a substantial reason, you have the right to refuse to go with them anywhere.

Police can only question a woman or children under 15 years in their homes. They don’t have to visit the police station.

Let us summarize how you can file FIR in India (First Information Report). Register your complaint at the nearest police station. It can be done at the locality where the offence is allegedly committed, or where the victim resides or carries on business.

The concerned police officer in the police station may register an oral FIR. One can make a written complaint. Which is then converted to the FIR format.

The concerned Police officer, after recording the FIR in the prescribed form, will explain the contents of the said FIR. The complainant then has to sign over in the said recorded FIR.

The Police are obliged to give FIR to the complainant. It should be noted that an FIR can even be registered by a person who is alleged to have committed a crime.

What steps to take if the police refuse to register an FIR?

Send your complaint in writing to the Superintendent of Police (SP) through registered post.

Send a complaint to the concerned State Human Rights Commission or the National Human Rights Commission. Mention that the police are not enforcing the law or that they are being negligent and corrupt.

It is a crime to refuse to file FIR in India.

Refusal to lodge an FIR on jurisdictional ground amounts to 1 year of Imprisonment for the Police officials.

A petition can be filed and submitted to the Chief Justice of the concerned High Court / Chief Justice of India, Supreme Court. It requests to take Suo Moto Cognizance of the alleged contempt of the court. A copy of the letter is also sent to the concerned police officer. One can check for the status of the petition through an application under the Right to Information (RTI).

How to escalate your complaint?

Know that you can:

Complain to the superintendent of police
Approach to a judicial magistrate with your plea
File the writ petition
Complain to the state and national human rights commission.

You can write the complaint of your case and can send it by post to the senior officer of the police, Commissioner of Police or Superintendent of police. First, the superintendent analyses the complaint. Then sent to the High Court Chief Justice of the State.

A copy of the online police complaint is sent to the Chief Justice of the High Court of the State once it is analyzed by the Superintendent of the police.

You may send a written complaint in the form of the letter to the Concerned judicial metropolitan magistrate. After analyzing the letter magistrate will decide whether to take cognizance or not. An informant may also send an application to the judicial magistrate.

You can even file a writ petition in the Hon’ble High Court for the issuance of writ of mandamus against the defaulting police officer. To give the reason why he has not registered the FIR, and why he should not be suspended from his position of police service for interfering in the administration of justice and disturbing the accused person.

Right to Compensation

A citizen can ask for damages/compensation, for the frustration and for the deprivation of life and liberty under Article 21 of the Indian constitution.

You can file a case with the State human rights commission or National human rights commission in written form. You will mention that the concerned police officer is not doing his duty. Disregarding law. Stating the disregard for the victim’s problems that could create a situation of mental trauma or frustration for the victim.

If a police official misuses their power against less privileged or someone who cannot read or write, an Application u/s 156(3) or Criminal Complaint u/s 200 of CRPC, 1973, can be filed. Also filed orally before the competent magistrate.

But in the recent era, things have been changed now. Refusing to file FIR is an offence. Follow up the above guidelines and do not be silent on the crime. The one who is doing the crime is equally responsible as the one who is suffering from it.

What is Aadhar – UID?

July 30, 2019July 30, 2019 by aishagarg, posted in Uncategorized

A billion people possess an Aadhar card. The majority of them still do not know everything about it or have misconceptions. This article covers everything you need to know about the Aadhar card.

So what is an Aadhar card?

UIDAI or Aadhar Card is a principal identification number issued by the Unique Identification Authority of India (UIDAI) on behalf of the Indian Government. The main objective of Aadhar is to establish a unique identity of every citizen. It acts as a proof of identity and address, and not of citizenship.

The card has 12-digit unique number issued to people on verification. Any individual, who is a resident of India, may voluntarily enroll to acquire an Aadhar card.

According to the official UIDAI website, “The Aadhaar identity platform is one of the key pillars of the ‘Digital India’, wherein every resident of the country is provided with a unique identity.”

Why was the Aadhaar card introduced in India?`

In several countries such as Argentina, Belgium, Colombia, Germany, Italy, Peru, and Spain etc., national identification systems have been implemented. While these schemes differ by country, generally people are assigned an ID number, which is used for a wide range of identification purposes. Storing data in a centralized database. These databases are helpful in increasing the efficiency of administration.

The electoral identity card, income-tax PAN card, passport, ration card, driving license, etc., verify identity in India. They can’t handle India’s large population. The aadhar card was introduced in 2010 by the then PM Dr Manmohan Singh.

The card is used as a nationally acceptable identity card and can be linked with bank accounts, insurance, and pension.

What are the benefits of Aadhar Card?

According to the former UIDAI chairman, Nandan Nilekani, Aadhaar Card has helped save Indian government about USD 9 billion. Implementation of Unique Aadhar Number has resulted in reduced frauds. Eliminated fake duplicate beneficiaries from the employee list.
The use of bio metrics gives a unique identity to every individual in India.
The Aadhar card reduces the number of documents required as opposed to previous method of multiple document requirement.
Aadhar is used as the main document to open a bank account in Prime Minister’s ‘Jhan Dhan Yojana,’ scheme.
Aadhar card allows the holder to avail all the government subsidies that they are eligible for.
It ordinarily takes several weeks for a person to complete all processes and avail a passport. An Aadhar Card fastens the process of acquiring passport. People can apply online and attach the soft copy of their Aadhar Card which serves as both, the residence and identity proof.
The ‘Jeevan Pramaan for Pensioners’ scheme aims to eliminate the need for pensioners to be physically present to receive a pension. People can receive pension directly to their bank accounts. The agency can digitally access their details through Aadhar Card number.
People who link their Aadhar card with their Pension Account can have their provident fund disbursed directly to their accounts via their PF organization.
Individuals can also link the Aadhaar number to their LPG ID and avail the LPG subsidy directly in their respective bank accounts.

What was the supreme court ruling in 2018 about Aadhaar card?

In September 2018, the supreme court revoked several provisions of the Aadhaar card which could violate the privacy of Indian citizens.

The Supreme Court ruled that Aadhaar Act does not violate your right to privacy when you agree to share biometric data.

Private companies can’t use Aadhar card for KYC authentication purposes.
Most commercial banks, payments bank and e-wallet companies like Paytm, previously used to request customers to get their KYC (Know Your Customer) done using Aadhar Card. Any delay or failure to comply would result in blocking of services. After the ruling, they cannot seek Aadhar data. Customers have to comply with other KYC Criteria. Authentication of Aadhaar is not required for Account settings.
To buy a new SIM card, you no longer need to provide your Aadhaar details to the telecom service provider. You can easily provide other KYC documents like Voter ID card, driving license, etc to acquire a new SIM card.
Students of CBSE, NEET, UGC also do not need Aadhaar card to appear in examinations. Even schools cannot demand the Aadhar card for admissions.
Aadhar card is mandatory to avail facilities of welfare schemes and subsidies but the Supreme Court has made an exemption for children, stating that no minor can be denied benefits of any scheme if they do not have Aadhaar card.

Where do you need Aadhaar compulsorily?

As mentioned above, the supreme court ruled that private companies cannot demand Aadhaar card details. But the judgement also states some areas where the Aadhaar card is mandatory.

PAN card: Under the section 139AA of the Income Tax Act, the linking of Aadhaar card with PAN card is mandatory. Tax evaders generally used to create multiple PAN cards to avoid income tax. By linking Aadhaar with PAN, multiple PAN cards become invalid.

Filing income tax returns (ITR): As Aadhaar-PAN linking is necessary, you will require the same for filing income tax returns.

Welfare schemes: Aadhaar is mandatory to avail benefits under various government-run social welfare schemes and subsidies.

Why you should register your mobile with Aadhaar?

There are various reasons for registering your mobile number with the Aadhar card. Use OTP through registered mobile number to avail facilities. This OTP gives the Aadhaar card an added layer of security. Register your mobile number with Aadhaar in simple and easy ways. Enjoy its facilities and benefits.

You can also download the mAadhaar app and carry your Aadhaar card on your phone once you have your mobile number registered with your Aadhaar.

Fee for Registering Your Mobile Number in Aadhaar

People have to pay a fee of 25 INR to take advantage of the service when they visit the Aadhaar Enrollment Center for either registering or updating their mobile number.

They will have to pay an additional 25 INR every time they update their mobile number. No fees for updating other details.

Documents Required to Register Your Mobile Number in Aadhaar.

Candidates do not have to submit any document for updating or registering their mobile number in Aadhaar. Only the Aadhaar update Form, that contains their current mobile number, has to be submitted along with the fee.

What is the password for e-aadhaar?

Aadhar Card is a unique ID. Used in financial and non-financial activities across India. e aadhar is advisable to download PDF format E-Aadhar from the UIDAI official website along with a . If you update your details on the Aadhaar card and do not receive the updated card, download the PDF of the Aadhar card after you receive an SMS notifying you about the completion of the update.

Process of getting E Aadhar:

Go to https://eaadhaar.uidai.gov.in/ and then enter your Aadhaar number.
Receive an OTP on the number mentioned on your card.
Get access to download your Aadhar card on entering OTP.
Click and download it on your device. Since it is a PDF file, you can open it using your PDF reader, for example, Adobe Reader. You can also download the pdf version of the Aadhar card from your mobile phone using the UIDAI official Aadhaar app.
To open the PDF, you will require a password without which you cannot access the file. The password ensures that your Aadhaar details are secure so that your E-aadhar card cannot be used by an unknown individual.
The password is an 8 letter which is a combination of the first four letters of your name and your year of birth. For e.g. Suppose your name is RAMESH SINGH and your year of birth is 1976, then your password is RAME1979.

Supreme Court Ruling on Aadhar

July 27, 2019July 30, 2019 by aishagarg, posted in Uncategorized

In September 2018, the supreme court passed a historical judgement which modified several terms of the Aadhar card. The unmodified terms could potentially violate the privacy of Indian citizens.

The five-member bench delivered a majority judgment. The bench pronounced three sentences.

Important Takeaways From the Supreme Court Ruling:

1) The Supreme Court judgement states that no individual’s rights can be dismissed on the grounds of lack of possessing an Aadhar card.

2) It is no longer necessary for citizens to link their bank accounts and mobile numbers with Aadhaar.

3) If children cannot provide an Aadhar card they cannot be denied the benefits of any scheme and that schools cannot compel parents to submit Aadhaar numbers of their offsprings during admission.

Likewise, the ruling prohibits the government from linking Aadhaar with exams conducted by the CBSE, NEET, and the UGC. The order also bans private organisations from requesting and accumulating Aadhaar details of their workers.

4) Aadhar card will continue to be compulsory for filing of income tax returns and allocation of Permanent Account Number (PAN).

5) The marginalised sections of society benefit from the Aadhar card as it provides them with an identity states the Supreme court ruling, furthermore, it also mentions that Aadhaar is serving a much bigger public interest.

6) The court has barred the government from assigning Aadhar cards to unauthorised immigrants.

7) The majority verdict maintained that the Aadhaar Act does not infringe the right to privacy of an individual.

8) Justice Sikri one of the judges of the 5-member bench, ruled out the probability of people getting duplicate Aadhaar card. He said that there is a satisfactory defense mechanism to guarantee that the Aadhaar scheme is genuine.

9) The Supreme Court ruling removed the provision in the Aadhaar Act that permitted the sharing of information on the grounds of national security. The court ordered the government to bring in a robust law for information protection at the earliest.

10) Justice DY Chandrachud, the only judge who wrote a dissenting judgment, said the Aadhaar scheme in its whole is undemocratic. Also, he mentions that UIDAI cannot use the rights of 1.2 billion Indian citizens as a mere contract. He said that the Parliament was incorrect in passing the Aadhaar Act as a money bill.

11) Justice Chandrachud said many terms of the Aadhaar Act provide for the invasive collection of biometric data. He further argues about the transparency of the outcome in case of bio metric data mismatch.

Major Outcome by Supreme Court Ruling on Right to Privacy:

Supreme Court has mentioned that it is not mandatory to link your Aadhar Card with your phone number and bank account but it is mandatory for linking PAN. It has directed the Center to conduct Data Protection Law.

Supreme Court has observed that the Aadhar Card in India or UID does not create a state of surveillance nor does it breaks the right to privacy. A declaration was made by the Supreme Court of India that though the biometric project was constitutionally valid, it had scope limitations. Which churned out a decision that the Aadhar Card is not mandatory for the mobile connections, banking and admissions in educational institutions.

Right to Education

July 27, 2019July 30, 2019 by aishagarg, posted in Uncategorized

Education plays a huge role in the quality of life and the holistic development of the child. It provides children with the ability to read and write, thus helping them to communicate. Literate people can easily use technology, get better jobs and serve society.

It is thus extremely unfair to underprivileged children, that they cannot receive an education due to lack of resources. How can they break the cycle of poverty without education?

Right To Education

To ensure that every child receives a quality education, the Government of India introduced the Right To Education Act in 2009. The act defines the importance of free and compulsory education for children of ages between 6-14 years. The central government has to develop a framework of the national curriculum with the help of academic experts of state governments. It will be an important initiative since the present practice of the NCERT preparing the national curriculum framework was of an advisory nature. Under the Act, it has become compulsory to involve the state governments too.

Under the right to education act in India, private schools have to reserve 25% of seats. The government reimburses these schools under the public-private plan.

Students can avail admission on the basis of economic status and caste reservations. Additionally, the RTE act in India states that students cannot be failed, expelled or required to pass a board examination in elementary school. It also prevents all unrecognized institutions from practice and bans the donation practice for admission.

The Right to Education Act mentions rules concerning Pupil-Teacher Ratios. Furthermore, it has guidelines for maintaining the infrastructure of schools and working hours of teachers. The Act recommends employing well-educated and qualified teachers. There should be a proper ratio of teachers in urban and rural areas.

The RTE Act in India prevents the mental or physical harassment of any student. Since every student is entitled to get education freely, they should be free from any kind of fear regarding harassment, unequal treatment, etc.

The Right to Education Act changed the Education system in India. It made quality education more accessible to children with a low-income background, thus preparing them for a better future.

Know your rights for the environment and how you can contribute to stop global warming?

July 25, 2019July 30, 2019 by aishagarg, posted in Uncategorized

We only have around 11 years to prevent irreversible damage caused by global warming. We are the last generation that can potentially stop permanent damage to Earth. Fast-growing population, urbanization and industrial activities have all led to a significant deterioration in the quality of the environment. If the situations are so dire, then why are we still not taking our planet seriously?

Since we use Earth’s resources to sustain, it is also our duty to protect it. When every citizen does their part, only then can we bring a change. These steps may seem small but will help in the longer run.

Reduce your carbon footprint. Carbon footprint is described as the cumulative emissions produced by an individual, event, organization, or product.

You can reduce your carbon footprint by:

1. Avoiding or eating less meat. Greenhouse gases emitted by agribusiness is more than fossil fuels. Especially red meat, it utilises 11 times more water and generates 5 times more emissions.
2. Unplug your devices. Even though your device is not consuming energy it is still drawing it. Thus, plugged devices contribute to the carbon footprint.
3. Use public transport.
4. Do not buy fast fashion. Usually retailers mass produce clothes at cheap prices. As trends change, people discard these cheap clothing items, thus contributing to the excessive filling of landfills.
5. Plant a garden. Community gardens, vertical gardens can be done even if you live in a small apartment.
6. Avoid using a dryer and instead line-dry your clothes. A dryer uses 5 times more electricity than a washing machine.

Get to know your local environment. Figure out the environmental issues in your area and try to resolve them. Afroz Shah, a lawyer did just that. Afroz and his neighbour were fed up with waste at Versova beach. Wanting to bring a change, they started cleaning up the beach themselves. Every weekend he along with many volunteers cleaned the beach. Their hard work paid off, as every month less litter appears.

The above steps we can follow at an individual level. We have the environmental law in India which aims to provide people with a clean environment.

Some of the more famous Environmental Movement in India are:

The Bishnoi Movement
Chipko Movement
Save Silent Valley Movement
Jungle Bachao Andolan
Appiko Movement
Narmada Bachao Andolan
Tehri Dam Conflict

These Environmental Movements in India bring focus on ecological issues, which otherwise would have gone unnoticed. You can read more about these movements here.

The environmental acts in India are as follows:

Fundamental Human Rights: Every citizen has the fundamental right to an environment which is satisfactory enough for their health and well being
Inter-generational Equity: States shall maintain and utilise the environment and natural resources for the benefit of not only the present but also the future generations.
Conservation and Sustainable Use: The environmental law in India also mentions that States shall maintain ecosystems and ecological processes which are essential for the functioning of the biosphere. They shall conserve biological diversity and shall observe the principle of optimum sustainable yield.
Environmental Standards and Monitoring: States shall establish sufficient environmental protection measures. The environmental rights in India require the state to monitor changes in and publish related information on environmental quality and resource use.
Prior Environmental Assessments: States shall make environmental assessments of recommended activities which may affect the environment or natural resources.
Prior Notification, Access and Due Process: According to the Environmental rights in India, States shall notify in a timely manner to every citizen who is likely to be affected by a planned activity. They have to grant them equal access in administrative and legal proceedings.
Sustainable Development and Assistance: States shall ensure that conservation is treated as an essential part of the planning and implementation of development activities. They will provide assistance to other states, especially to developing countries, in support of environmental protection and sustainable development.
General Obligation to Co-operate: States shall co-operate in good faith with other states in implementing the preceding rights and obligations, mentions the Environmental Act in India.

An actual change can only be brought when the Government along with people start working for a cleaner Environment and healthier future. When we use natural resources we should keep our future generations in mind.

Laws People Should Be Aware About

July 25, 2019July 30, 2019 by aishagarg, posted in Uncategorized

For any civilized society to function, people need to follow the laws. We obey laws to fulfill our moral obligations and to avoid legal consequences. But if people are not aware of laws then how can they follow them? Listed below are some of the Indian laws people need to know about.

Law for Motorists

While driving, your blood alcohol level should be at 0.03% (30 mg) per 100 ml. If the blood alcohol level exceeds the limit then the Indian law states that police can arrest you without a warrant.
The Indian Motor Vehicle Act states that wearing a helmet is compulsory for two-wheeler riders. The law also limits a maximum of two riders on the two-wheeler.
It is illegal for traffic police officers to snatch the key from the car or motorcycle. Citizens Have the legal right in India to launch legal action against the officer.
If you are penalized for a crime then you will not be penalized for the same crime on the same day.

Laws for Women

Women’s rights in India state that officers cannot arrest women before 6 A.M. and after 6 P.M. In case of a serious crime, and only after acceptance of the written order from the judge, a female police officer can arrest a woman after hours.
Only female police constables can arrest women.
Women have the legal right to lodge complaints through emails. Delhi Police allow women to register a complaint via email or even via post if she isn’t able to go to the police station.
A company cannot fire a pregnant woman. It is a punishable offence and can lead to a maximum of 3 years of imprisonment.
To know more about the women’s rights in India click here.

Laws for Police Officers

Police officers can’t refuse to file an FIR. If they do so, they could be jailed for up to a maximum of 1 year.
A police officer is always on duty whether they are wearing a uniform or not. If an individual makes a complaint to a police officer, they have to help them even if they are off duty.

Laws for Couples

If a young couple wants to live together in a “live-in relationship” it is legal to so. The newborn from this relationship is also a legal offspring and has full legal rights in the assets of their father.
People found involved in “obscene activity” or PDA (Public Display of Affection) at a public place, can be imprisoned for 3 months. But due to the lack of an exact definition of obscene activity in Indian law, some police officers misuse this act and harass the couple.

Other Miscellaneous Laws

In the cases of tax violation, the tax collection officer has to send a notice before arresting people.
If a gas cylinder blasts during the cooking, then the gas company is responsible to pay INR 50 lac to the victim as compensation. To claim the compensation, victims need to file an FIR to the police station and submit it to the gas company.
If you take a present from any corporation on the occasion of a festival, it is considered bribery. People can also be sentenced to jail for this crime.
People have the legal right in India to use hotel washrooms without purchasing anything. Hotels cannot prevent you from drinking potable water and using their washrooms.
Shop keepers can’t charge more than the MRP (Maximum Retail Price) of any product. But consumers have the legal right to bargain for less than the MRP of the product.
If a Hindu has a son or grandson then they can’t adopt a second child.
The adoptive father/mother should be at least twenty-one years older than the child.

Knowing these simple laws can help you deal with legal situations better. These laws can help you and others in times of legal emergencies thereby saving you from any unwanted situation. We hope it helps you in the future. Stay safe and follow rules for the safety of all.