In 2009, I became extremely concerned with the concept of Unique Identity for various reasons. Connected with many like minded highly educated people who were all concerned.
On 18th May 2010, I started this Blog to capture anything and everything I came across on the topic. This blog with its million hits is a testament to my concerns about loss of privacy and fear of the ID being misused and possible Criminal activities it could lead to.
In 2017 the Supreme Court of India gave its verdict after one of the longest hearings on any issue. I did my bit and appealed to the Supreme Court Judges too through an On Line Petition.
In 2019 the Aadhaar Legislation has been revised and passed by the two houses of the Parliament of India making it Legal. I am no Legal Eagle so my Opinion carries no weight except with people opposed to the very concept.
In 2019, this Blog now just captures on a Daily Basis list of Articles Published on anything to do with Aadhaar as obtained from Daily Google Searches and nothing more. Cannot burn the midnight candle any longer.
"In Matters of Conscience, the Law of Majority has no place"- Mahatma Gandhi
Ram Krishnaswamy
Sydney, Australia.

Aadhaar

The UIDAI has taken two successive governments in India and the entire world for a ride. It identifies nothing. It is not unique. The entire UID data has never been verified and audited. The UID cannot be used for governance, financial databases or anything. It’s use is the biggest threat to national security since independence. – Anupam Saraph 2018

When I opposed Aadhaar in 2010 , I was called a BJP stooge. In 2016 I am still opposing Aadhaar for the same reasons and I am told I am a Congress die hard. No one wants to see why I oppose Aadhaar as it is too difficult. Plus Aadhaar is FREE so why not get one ? Ram Krishnaswamy

First they ignore you, then they laugh at you, then they fight you, then you win.-Mahatma Gandhi

In matters of conscience, the law of the majority has no place.Mahatma Gandhi

“The invasion of privacy is of no consequence because privacy is not a fundamental right and has no meaning under Article 21. The right to privacy is not a guaranteed under the constitution, because privacy is not a fundamental right.” Article 21 of the Indian constitution refers to the right to life and liberty -Attorney General Mukul Rohatgi

“There is merit in the complaints. You are unwittingly allowing snooping, harassment and commercial exploitation. The information about an individual obtained by the UIDAI while issuing an Aadhaar card shall not be used for any other purpose, save as above, except as may be directed by a court for the purpose of criminal investigation.”-A three judge bench headed by Justice J Chelameswar said in an interim order.

Legal scholar Usha Ramanathan describes UID as an inverse of sunshine laws like the Right to Information. While the RTI makes the state transparent to the citizen, the UID does the inverse: it makes the citizen transparent to the state, she says.

Good idea gone bad
I have written earlier that UID/Aadhaar was a poorly designed, unreliable and expensive solution to the really good idea of providing national identification for over a billion Indians. My petition contends that UID in its current form violates the right to privacy of a citizen, guaranteed under Article 21 of the Constitution. This is because sensitive biometric and demographic information of citizens are with enrolment agencies, registrars and sub-registrars who have no legal liability for any misuse of this data. This petition has opened up the larger discussion on privacy rights for Indians. The current Article 21 interpretation by the Supreme Court was done decades ago, before the advent of internet and today’s technology and all the new privacy challenges that have arisen as a consequence.

Rajeev Chandrasekhar, MP Rajya Sabha

“What is Aadhaar? There is enormous confusion. That Aadhaar will identify people who are entitled for subsidy. No. Aadhaar doesn’t determine who is eligible and who isn’t,” Jairam Ramesh

But Aadhaar has been mythologised during the previous government by its creators into some technology super force that will transform governance in a miraculous manner. I even read an article recently that compared Aadhaar to some revolution and quoted a 1930s historian, Will Durant.Rajeev Chandrasekhar, Rajya Sabha MP

“I know you will say that it is not mandatory. But, it is compulsorily mandatorily voluntary,” Jairam Ramesh, Rajya Saba April 2017.

August 24, 2017: The nine-judge Constitution Bench rules that right to privacy is “intrinsic to life and liberty”and is inherently protected under the various fundamental freedoms enshrined under Part III of the Indian Constitution

"Never doubt that a small group of thoughtful, committed citizens can change the World; indeed it's the only thing that ever has"

“Arguing that you don’t care about the right to privacy because you have nothing to hide is no different than saying you don’t care about free speech because you have nothing to say.” -Edward Snowden

In the Supreme Court, Meenakshi Arora, one of the senior counsel in the case, compared it to living under a general, perpetual, nation-wide criminal warrant.

Had never thought of it that way, but living in the Aadhaar universe is like living in a prison. All of us are treated like criminals with barely any rights or recourse and gatekeepers have absolute power on you and your life.

Announcing the launch of the # BreakAadhaarChainscampaign, culminating with events in multiple cities on 12th Jan. This is the last opportunity to make your voice heard before the Supreme Court hearings start on 17th Jan 2018. In collaboration with @no2uidand@rozi_roti.

UIDAI's security seems to be founded on four time tested pillars of security idiocy

1) Denial

2) Issue fiats and point finger

3) Shoot messenger

4) Bury head in sand.

God Save India

Showing posts with label Aadhaar for Death Certificates. Show all posts
Showing posts with label Aadhaar for Death Certificates. Show all posts

Wednesday, November 1, 2017

12182 - Now in Pune, you won’t get death certificate without Aadhaar number - Hindustan Times



If a person dies and does not have an Aadhaar number or has misplaced it, the relatives would need to submit an undertaking for it on a piece of paper. They will also need to give the Aadhaar number of close relatives with the application.

PUNE Updated: Oct 05, 2017 23:33 Ist

Abhay Khairnar 
Hindustan Times, Pune

The Pune Municipal Corporation (PMC) issued the circular and has also instructed the government-run and private hospitals to submit the Aadhaar details of each death registered in their hospitals. (HT File photo)

After making it mandatory for other purposes, the civic body has made Aadhaar number necessary for the death registration certificate from October 1. Citizens will not get the death certificate if they do not submit the Aadhaar number or an undertaking that they are not aware of/the person does not have an Aadhaar number.
The Pune Municipal Corporation (PMC) issued the circular and has also instructed the government-run and private hospitals to submit the Aadhaar details of each death registered in their hospitals. 
The PMC birth and death registration department head, Suryakant Devkar, said, “The central and state government instructed us to make Aadhaar number necessary for death registration. As soon as PMC got the instructions for it, the department took quick action and decided to execute it as per order.” 
Devkar said, “If a person dies and does not have an Aadhaar number or has misplaced it, the relatives would need to submit an undertaking for it on a piece of paper. They will also need to give the Aadhaar number of close relatives with the application.” 
The municipal corporation also said that they would not issue the death certificate if there would be no Aadhaar number or an undertaking from the relatives. The PMC officials, however, clarified that citizens will not have any problem during cremation of their near and dear ones. “This issue of Aadhar number is only related to the death certificate,” said Devkar.  

Devkar said that the government’s intention is good as there would be no misuse of the Aadhaar number after the death of the person. 

The office of the registrar general and census commissioner India, ministry of home affairs, ordered on August 4 that with effect from October 1, 2017, an Aadhaar number will need to be provided in order to obtain death certificate of any deceased person. This number will be required by the issuing authority for establishing the identity of a deceased. The ministry expects that this measure will result in ensuring accuracy of the details provided by relatives, dependents, acquaintances of the deceased. 

In case of missing Aadhaar number:
In case a diseased person does have an Aadhaar number, or the heir applying for the death certificate is not aware of the Aadhaar number of the deceased, the applicant will have to provide a undertaking on plain paper that the deceased person does not possess an Aadhaar number to the best of his/her knowledge. 
In the certificate, the applicant has to acknowledge that any false declaration given in this regard will be treated as an offence as per the provisions of the Aadhaar Act, 2016 and also Registration of Births and Deaths Act, 1969. Applicant will also have to furnish his or her Aadhaar number along with the Aadhaar number of the spouse or parent.

Monday, September 11, 2017

12006 - Removing dead from Public Distribution System list proves herculean task - Indian Express

By Samuel Merigala  |  Express News Service  |   Published: 05th September 2017 07:36 AM  |  

CHENNAI:  When M Devaki received an SMS from VM-TNEPDS that her husband had procured a packet of oil and a kilo of sugar from the ration shop on August 26, she was shocked. For her husband, P Madurai, had passed away six months ago. Living with her daughter’s family now, Devaki hadn’t used her husband’s smart card which was linked to his Aadhaar. On going through her SMS inbox, she noticed there were similar messages in the previous months too after his death. Someone had been procuring her dead husband’s ration. This is not uncommon, admitted officials.

Knowing that the dead do not require monthly provisions, salesmen at Public Distribution System (PDS) shops pilfer the ration. “Removing names of the dead from the system is a problem in the city. We still have to conduct manual checks for this purpose,” says S Madhumathi, commissioner of Civil Supplies and Consumer Protection Department.“Every three months, we refresh the system after sending personnel for visits to  PDS shops and homes in the the respective localities, but it is a herculean task,” she said.

It is relatively easier in the districts, as officials coordinate with the district Collector, who in turn delegates the work to the District Revenue Officer and his team. This team collects the details of the deceased from the village administrative officers. Chennai, with 17 PDS zones, makes it hard for officials to follow such a procedure. “Each month, we are able to conduct manual checks in just one shop from each of these 17 zones,” said an official.

“However, with the advent of smart ration cards linked to mobilephones and the TNEPDS app, people can request cancellation of deceased. With an OTP sent to the registered mobile number, they can complete the cancellation and help update the system,” he said. Of the 1,97,26,588 ration cards, 1,88,65,664 have been linked with phone numbers. But for people like Devaki, who do not have easy access to technology, it is easier said than done. Cracking down on pilferage, complaints through helplines and SMSs to PDS 107 have gotten 13 salespersons dismissed in the last four months, officials said.



When Aadhaar is made mandatory for registering deaths from October 1, the civil supplies department will greatly benefit from the move, said officials. It would enable them to remove the deceased from the system on a real-time basis, with cooperation from the bodies in charge of registering death.“Instead of relying on information from the beneficiary and conducting manual checks, we will be able to update the system every day,” said an official, adding that this would help them check misuse of ration cards and pilferage.

Linked to Aadhaar
Currently, 6,17,75,614 of the total 6,73,61,843 beneficiaries have linked their Aadhar number to ration card.

Wednesday, August 23, 2017

11829 - The story of India's uncertified deaths: Why the Grim Reaper can't link up with Aadhaar - Money Control

Aug 21, 2017 08:07 PM IST | Source: Moneycontrol.com


Linking deaths to Aadhaar would have allowed the government to know when to terminate entitlements and direct transfer of benefits to a recipient once deceased.


RN Bhaskar
Recently, the government flip-flopped on linking the Aadhaar card to deaths. It was a good idea. Linking deaths to Aadhaar would have allowed the government to know when to terminate entitlements and direct transfer of benefits to a recipient once deceased.

But almost the very next day the government hurriedly clarified that linking Aadhaar to deaths would not be compulsory. It was as if wiser counsel had prevailed.  Someone in the government had possibly realised that this was just not possible. At least not now.

Why? A good explanation could lie in a circular that RK Gautam, deputy registrar-general, sent out to all chief registrars of all the states in India on August 28, 2014.  The contents of the circular were startling. For almost 67 years, the government at the Centre had not bothered about deaths. It could have been out of ignorance.  Or it could have been a clever way to ensure that benefits were collected by someone in the names of people who did not exist anymore.

The circular mentioned that “The present coverage to medically certified deaths to the total registered deaths is 20.2 percent, and only 14.3 percent against the total estimated deaths.”

In other words, where is the question of linking Aadhaar to deaths, when so many deaths are not even medically certified?

It is evident that the circular was issued on the basis of the ‘Report on Medical Certification of Cause of Death, 2010’  brought out by the Office of the Registrar General, India, Ministry of Home Affairs, New Delhi.

How Aadhaar will transform India in the future
http://www.youtube.com/watch?v=sTdNMODsu54

It states that the report is the “thirty sixth in the series of the publication, presenting statistics on causes of death obtained through the Civil Registration System under the Registration of Births and Deaths Act, 1969. Section 10(2) of the Act empowers the State Government to enforce the provision relating to medical certification of cause of death in specified areas taking into consideration the availability of medical facilities. Section 10(3) of the Act provides for issuing a certificate of the cause of death by the medical practitioner who has attended on the deceased at the time of death. At present, the scheme has been made applicable to limited areas and selected hospitals.”

What this also means is that the central government sat over such damning numbers despite 36 reports being submitted earlier. It highlights the callousness with which government officials treat death. As the old saying goes, when people forget to respect and remember the dead, they even forget to respect the living. And as the chart alongside shows, the least registered deaths are in those states that are also the most oppressed. Clearly, someone had found an incentive in not registering deaths.

Mercifully, the present government has woken up to this situation.  It has issued the circular to register deaths properly. Presumably, the collation of such data is now being monitored. And till such data is actually collated, expect more than 80 percent of India’s deaths to go unreported. They remain the unknown and forgotten.

To set right this situation, the government should use the Aadhaar registrations more effectively. Get someone – preferably the postal department which is the only department which actually visits houses periodically – to verify online the registration of the living at least once in three years. If the person is not registered in three years’ time, an alert should go to the local police station.  Benefits and entitlements should be promptly withdrawn, and the person’s name should appear on the list of missing persons with the local police station.

It is possible that the person has been killed, and the body disposed of. Or the person may have gone to a relative’s place. The police will have a clear list of people whose movements need to be tracked. Today, it happens only when a body is discovered accidentally, or someone becomes a stool-pigeon and spills the beans about a murder.
For people over 60 years of age, the registration verification should be done at least once every year.
Only if this is done, will it be possible to clearly establish who has died, and the causes thereof. Without this mechanism in place, linking the Aadhaar to the dead person will service no purpose.  We need to know who is living. That will let us know who is dead. At least then, someone in bureaucracy will know that that a human being has died.

Monday, August 21, 2017

11810 - Ensure That Aadhaar Numbers Are Not Displayed In Birth And Death Certificates: Centre To States, UTs [Read Circular] -- Live Law




Ensure That Aadhaar Numbers Are Not Displayed In Birth And Death Certificates: Centre To States, UTs [Read Circular]
BY: APOORVA MANDHANI AUGUST 10, 2017 8:38 PM


185
SHARES






A recent circular issued by the Ministry of Home Affairs has directed all States and Union Territories to ensure that Aadhaar numbers are not displayed in birth and deaths certificates.
The circular makes reference to an office letter issued in January, 2015, instructing inclusion of a column for Aadhaar number of the parents in their child’s birth certificate, and of the deceased, his parents and his spouse in the death certificate.
The Ministry has now clarified that the Aadhaar number need not be considered a mandatory requirement, and can be used as an optional document for ascertaining the identity of the parents. Besides, it specifies that the Aadhaar number should be used for this purpose only with the holder’s consent.
“it is also clarified that all other documents for the purposes of identity being used by the State Governments are also valid and the State Governments being the implementing agency in respect of birth and death, may follow the rules framed by them and also the provisions of the IT Act and Aadhaar Act, 2016,” it further states.
The circular places the responsibility on the State Governments to ensure that display of the Aadhaar number in any form should not impact the individual’s privacy, which, it emphasizes, is a punishable offence under the Aadhaar Act, 2016.
It then directs the States and the UTs to “take necessary steps in the matter on priority basis”, and appraise the Ministry of the steps taken in this regard.

Read the Circular Here

Monday, August 14, 2017

11761 - No Aadhaar, no RIP - The Tribune



Sandeep Sinha

“Always quote a dead man so that he can’t come and contradict you,” goes the saying. With a growing tendency among the people to list the dead as their own to claim the benefits and subsidies under various schemes in their name, the government has finally decided that from October 1, Aadhaar number will be required to get a death certificate.

While it will not be mandatory as of now, the time is not far off when it will be a de rigueur as of the 82.89 crore adults in India, 82.75 crore already have an Aadhaar ID.

Not only this, the person applying for the certificate on behalf of the dead will have to submit own Aadhaar number as well. In case the Aadhaar number of the dead is not there, a certificate to this effect has to be attached.

Now, the importance of the death certificate is grossly underestimated. It is in fact one of the most important document that greatly impacts our lives. Just as pensioners have to submit a life certificate annually, and marriages have to be registered to prove that you are legally married to someone or to  obtain a passport or change the maiden name, so the death certificate has to be furnished to ensure there is no hitch in confirming the end of a person’s worldly existence.

The death certificate is required ever y where, to get the house or land transferred in one’s name and claim the deposits in bank accounts. It is not just enough to be a close kin or blood relative of the deceased. You have to prove that you are the legal heir too and that there are no rival claimants.

No-objection certificates have to be submitted from potential claimants and a family tree or genealogy (Parivarik Suchi) has to be issued by the Municipal Corporation certifying the real descendants to ward off threats of objections being filed in future. What is worse is that in the absence of nomination, the money goes to the deceased claim account of banks and then getting it becomes a long-drawn affair with lawyers being hired and guarantors and witnesses required to be produced. What everybody knows is not just enough. It has to be legally sanctified.

In the case of LPG, the connections in the name of the dead have to be surrendered. With subsidies being provided for LPG, the importance of this step cannot be under-estimated. What may be a small amount for an individual LPG owner will translate into vast sums for the government that doles out the money.  Similar is the case with other schemes like old-age pension, among others. 

Getting a death certificate issued can be an arduous task. While at many places, it is issued in a time-barred manner, at other places it may require speed money, especially if one is racing against time. With the government machinery involved in conducting elections, Census, flood and drought relief work, the staff too is busy and getting their attention requires some effort.

Normally, the hospitals or doctors issue a death certificate which is submitted at the crematorium. Then it is with the certificates from the doctor and the crematorium that one has to apply for the death certificate. The certificate is normally issued by the civic body of the city in which death takes place. So, when you go back to your own city and start the inheritance process, things tend to get stuck because the authenticity of the death certificate has to be verified and it takes time. 

In such a situation, if the dead has an Aadhaar number, it can help save time while clearly identifying the legal heir. Usually, banks mention on the cheques that the person is the legal heir of the dead after going through the required formalities to confirm the genuineness of the claim.

Making Aadhaar necessary for a death certificate will also have a bearing on crime like murders related to property and suicides. It will be a single source of ascertaining the identity of a person doing away with the need for multiple documents much like the social security number in the US.   

And dead men tell no tales. Therefore, the Aadhaar number will be needed to ferret out details to plug the gaps even as one will have gone with the eventide.    

Sunday, August 6, 2017

11721 - Now, Aadhaar required for death certificates - The Hindu


NEW DELHI: , AUGUST 04, 2017 16:17 IST


Move is to curb identity fraud, says government; Jammu & Kashmir, Meghalaya and Assam exempt for now.

Terming it a move to curb identity fraud, the government on Friday made Aadhaar numbers a pre-requisite for issuing death certificates to residents of all States, barring Jammu & Kashmir, Meghalaya and Assam, in order to establish the identity of the deceased. The order comes into effect from October 1, 2017. A date will be notified separately for the three States, the Home Ministry said in a statement.

If a person applying for the death certificate is not aware of the Aadhaar number or Aadhaar enrolment ID Number (EID) of the deceased, he or she would be required to provide a certificate stating that the deceased person does not possess an Aadhaar number to the best of her or his knowledge, the statement said.
However, any false declaration given by the applicant would be treated as an offence as per the provisions of the Aadhaar Act, 2016 and also the Registration of Birth and Death Act, 1969, it said.

“Applicant’s Aadhaar number shall also be collected along with the Aadhaar number of the spouse or parents,” the Ministry said, citing a notification issued by the Registrar General of India (RGI), which is entrusted with conducting the country’s census and maintaining the register of births and deaths.
“In a notification issued today, the RGI under the Ministry of Home Affairs has said the use of Aadhaar for the applicants of the death certificate will result in ensuring accuracy of the details provided by the relatives/ dependents / acquaintances of the deceased. It will provide an effective method to prevent identity fraud. It will also help in recording the identity of a deceased person,” the statement said.

It claimed that this would obviate need to produce multiple documents to prove the identity of a deceased person. The RGI has directed the departments concerned in all States and Union Territories responsible for the registration of birth and death to ensure compliance with the registration authorities concerned and a confirmation to this effect by September 1, 2017.
A Ministry spokesperson told The Hindu the effective date for the new rule will be October 1 and the States will have to inform the Centre about their preparedness for the new system by September 1.

Section 57 of the Aadhaar Act 2016 permits the use of Aadhaar number for establishing the identity of an individual for any purpose pursuant to any law or any contract to this effect.The registration of births and deaths are being done under the provisions of Registration of Births and Deaths (RBD) Act, 1969 and the corresponding Rules made by State governments.