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The Canadian Parvasi - Issue 39

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The International News Weekly EDIT 08 March 30, 2018 | Toronto The w w w . canadianparv asi. c o m Publisher & CEO Associate Editor Editor (India) Online Graphic Designer Official Photographer Contact Editorial Sales Rajinder Saini Meenakshi Saini Gursheesh Kshitiz Dalal Naveen Bashir Nasir editor@canadianparvasi.com sales@canadianparvasi.com Guterres 'very concerned' about return of Cold War conditions UN Secretary General Antonio Guterres said on Thursday that he is "very concerned" about the world returning to a Cold War situation and suggested reviving mechanisms that existed then to prevent escalation of tensions. Asked by reporters about the rising tensions between the US and Russia and their mutual expulsion of diplomats, Guterres said, "I am very concerned." The world was coming to a situation similar to what prevailed during the Cold War, he said. Guterres saw the situation now as more riskier because unlike then there are no mechanisms in place to prevent tensions rising and there are now several actors instead of just two superpowers. During the Cold War, there were mechanisms to avoid escalation of tensions but they were dismantled after the Cold War ended because it was thought that were not longer needed, he said. Such mechanisms are important and it was necessary to revive them, he stressed. While the US and the Soviet Union were the only superpowers during the Cold War, Russia is now a shadow of itself, China is a rising global power and the NATO alliance that stood behind US is starting to fray. There have been signs of the arms race resuming, this time between the US and Russia. Russian President Vladimir recently unveiled a new class of nuclear-tipped missiles that he said can avoid anti-missile defence systems and were capable of hitting targets in the US. In February, the US released a strategic document, the Nuclear Posture Review, that laid out a course of expanding nuclear capabilities in response to Russian plans. "Our strategy will ensure Russia understands that any use of nuclear weapons, however limited, is unacceptable," it said. On a positive note, Guterres welcomed the proposed summit between US President Donald Trump and North Korean leader Kim Jong Un. He said that the developments showed that a solution to the nuclear crisis in the Korean Peninsula was now within reach, while only a few months ago it had not seemed possible. He added that he was encouraged by the recent visit of Kim Jong Un to Beijing to meet Chinese President Xi Jinping. China has a very important role to play in the region, he added. Political discourse hits a new low by Eugene Correia In recent years, the political discourse in India has slipped so badly with foul language becoming its integral part. In a parliamentary democracy, the viewpoints of both the governing party or an alliance and the opposition parties are to be heard. Members of the parliament, both Lok Sabha and Rajya Sabha, engaged in shouting matches and, at times, resort to using “unparliamentary” language. More than a decade ago, there were lively debates in parliament and members conducted themselves with respect and decorum in the august house. Members respected each other’s opinion. At the time of writing, the deadlock of both Lok Sabha and Rajya Sabha continues. Modi has slammed the Congress MPs for the letting the business go as usual. Some time ago, there was laughter in the house and then followed a deluge. The five-time Congress MP laughed when PM Narendra Modi was giving a speech. A startled Modi said she had heard such a laughter after the Ramayana, perhaps referring to the TV serial. Known for her robust demeanour, Renuka hit back, saying, “You laugh.. and there is no GST on laughter. I don’t require plermission to laugh after being a fivetime MP.” However, Renuka should have known better with her long experience. Laughing is no crime, but it’s definitely unbecoming of an MP. India has seen worse with members rushing to the well of the House. Ugly scenes have been witnessed. This sort of behaviour by the elected represetatives brings down the honour and significance of parliament. There was a time when I enjoyed the speeches of Piloo Mody, the Swatantra Party MP. The MP was full of wit and he had the house in splits. As his party was pro- America, Mody was often accused of being a “Washington parrot”. But despite the attacks against him, he stood his ground. He once told an MP to stop “barking” and when the MP said Mody was using unpaliamentary language, the speaker got the word expunged from the records.. However, not to keep still, Mody said, “stop braying.” The word stayed on the records, possibly because the Congress MPs didn’t know what the word meant. Just to take the political language used in Punjab is indeed shocking. Leave aside the “murder” of the English language by the cricketer-turnepolitician Navjot Singh Sidhu, now the Deputy CM of the state. That he’s in back in court to defend the quilty verdict on the road rage case that happened in 1999. He was a medium-pace bowler but, as far as English was concerned, he was a howler. Those who heard his commentary were both aghast at his choice of words and also had fun listening to him. He has brought his characteristics of being funny at the drop of a hat or all of a sudden during his presence at the Kapil Sharma show. Saw him back again, sitting on a big golden seat, like a king, as the show is back on TV. Sidhu is in the forefront of the brigade engaged in name-calling. Reserving his best to the former Deputry CM, Sukhbir Singh Badal, calling Badal “Sukha Gapodi. In turn, Badal calls Sidhu “pagal banda” or a “maadari”. He changes his political parties as fast as he perhaps changes his colourful turbans. Now with the Congress, he has apologized to ex-PM and fellow Sikh, Manmohan Singh, who he called many things when Sidhu was in the rival camp as BJP MP for the prestigious seat of Amritsar. Well, I find Punjab politics very rustic, fierce and colourful in the use of words and tone. Aadhaar Card not necessary for NRIs, OCIs on short-term visit to India Joginder Singh Toor The requirement of linking Aadhaar Card for various financial services have made Non-Resident Indians (NRI) angry and frustrated. The Aadhaar Card system was conceived under the Aadhaar Act, 2016 aimed at (providing Targeted Delivery of Financial and Other Subsidies, Benefits and Services). The idea was the brainchild of the Planning Commission in order to ensure that each resident of India should have a unique identification ensuring that welfare services are delivered efficiently and effectively. The Parliament of India passed Act No.18 of 2016 on March 25, 2016 and got the assent of the President after it was published in the Gazette of ndia extra ordinary Part-II, Section 1 on 26th March, 2016. In order to know whether it applies to non-resident Indians and if so to what extent, it is necessary to know certain provisions of the Act. Section 3 of the Act is relevant to know as to who is entitled to obtain an Aadhaar card, it reads as under:- “3(1) Every resident shall be entitled to obtain an Aadhaar number by submitting his demographic information and biometric information by undergoing the process of enrolment.” Section 2 (v) defines the “Resident” who is entitled to obtain an Aadhaar Card, it reads:- “2(v) “Resident” means an individual who has resided in India for a period or periods amounting in all to 182 days or more in 12 months immediately preceding the date of application for enrolment.” Section 7 of the Act provides that the Central Government may provide for the purpose of establishing identity of an individual as condition for receipt of subsidies, benefits or services shall be required to undergo authentication or furnish proof of possession of Aadhaar number. As a result any person who wants to obtain any monetary benefit, or service for which the expenditure incurred from or the receipt therefrom part of the consolidated fund of India, requires such unique identification by obtaining an Aadhaar Card for which he has to submit his biometric and demographic information regarding which a case is pending before the Hon’ble Supreme Court of India on the point that it amounts to interference in privacy of an individual forcing him to provide biometric and demographic information which he wants to keep secret. Continued on next page Parvasi weekly & people associated with it are not responsible for any claims made by the advertisement & do not endorse any product or service advertised in Canadian Parvasi. Please consult your lawyer before buying/hiring/contracting through the advertisement Publised in this newspaper. The Canadian Parvasi is in the business of selling space and the clains made by the advertisement are not tested/confirmed by an independent source.

The International News Weekly INTE RVIEW/OPED 09 March 30, 2018 | Toronto Aadhaar Card not necessary for NRIs, OCIs on short-term visit to India Continued on previous page Section 7 provides exception to this rule, it reads:- “Provided that if an Aadhaar number is not assigned to an individual, the individual shall be offered an alternate and viable means of identification for delivery of the subsidies, benefits or services. Another aspect of the matter which has to be kept in mind is that obtaining Aadhaar Card by a person who is not entitled to it by reason of his nonresident for 182 days, by furnishing false affidavit or false information is punishable offence. The question arises whether a non-resident Indian who has not been able to live for 182 days in India immediately preceding the application for obtaining Aadhaar Card, can be compelled, required or asked to link himself with the Service Provider by Aadhar Card. Complaints and representations were made to Ministry of External Affairs regarding applicability of Aadhaar as an identity document for Non- Resident Indians (NRIs) / Persons of Indian Origins (PIOs) and Overseas Citizens of India (OCI). A letter was addressed by Mr. Gobind Thukral, former Bureau Chief of the Tribun,e India, in this regard to the Ministry of External Affairs. In reply it has been mentioned as under:- “Subject: Aadhaar Card for OCI Cardholders. Sir, I am directed to refer to your letter dated 15 September 2017 addressed to External Affairs Minister on the above subject, and to inform that Aadhaar entrollment is presently available only to residents in India including foreigners staying in India on long term visa with an Indian address. Stay should not be less than 182 days in a year. Since this facility is not available abroad, overseas Indians including former Indian citizens are not eligible to get Aadhaar enrolment. As such, they are not required to link Aadhaar number with various public services including Income Tax Returns and PAN Card in India. Since certain organizations like banks and telecom companies have been insisting overseas Indians to link their Aadhaar number with their bank accounts, mobile numbers, etc. in India, UIDAI has issued a Circular dated 15.11.2017 to all Ministries / Departments of Govt. of India and all State Governments / UT Administrations advising them to keep in consideration the following while seeking Aadhaar as a proof of Identity:- Aadhaar as an identity document may be sought only from those who are eligible for it as per the Aadhaar Act,2016; and Most of NRIs / PIOs / OCIs may not be eligible for Aadhaar enrolment as per Aadhaar Act,2016. 2. UIDAI has also drawn attention of the addressed Govt. entities / implementing agencies to Section 7 of the Aadhaar Act which, inter-alia, provides that “if an Aadhaar number is not assigned to an individual, the individual shall be offered alternate and viable means of identification for delivery of subsidy, benefits or service”. 3. A copy of UIDAI Circular dated 15.11.2017 is enclosed for reference.” The Ministry of External Affairs has issued Circular No.6-1/2016- UIDAI(DBT) dated November 15,2017 which makes it clear that – “a) Aadhaar as an identity document may be sought only from those who are eligible for it as per the Aadhaar Act,2016; and Most of NRIs / PIOs / OCIs may not be eligible for Aadhaar enrolement as per the Aadhaar Act,2016. Full text of the Circular is as under:- “Subject: A p p l i - cability of Aadhaar as an identity document for Non- Resident Indians (NRIs / Person of Indian Origin (PIOs) and Overseas Citizen of India (OCIs) –Regarding. In the recent past several representations have been received from individuals such as Non- Resident Indians (NRIs), Person of Indian Origin (PIOs) and Overseas Citizen of India (OCIs) informing about difficulties being faced by them on demand of Aadhaar by respective Authorities in respect of various services / benefits etc. An illustrative list of such cases wherein NRIs / PIOs / OCIs are reported to have been asked to submit or link Aadhaar in order to avail the services / benefits / schemes has been compiled and is placed as Annexure. 2. It has been brought to notice that some of the Ministries / Departments / Implementing Agencies concerned are insisting the NRIs / OCIs / PIOs to submit or link their Aadhaar for availing the services / benefits etc. that are directly or indirectly connected with NRIs / OCIs / PIOs, regardless of the fact they may not be entitled for Aadhaar as per the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 (Aadhaar Act, 2016). 3. In this regard, attention is invited to Section 3(1) of the Aadhaar Act,2016, which inter-alia, lays down that “every resident shall be entitled to obtain an Aadhaar number by submitting his demographic information and biometric information by undergoing the process of enrolment.” Further Section 2(v) of the Aadhaar Act defines ‘resident’ as an individual who has resided in India for a period or periods amounting in all to one hundred and eighty two days or more in the twelve months immediately preceding the date of application for enrolment. 4. The laws regarding submitting / linking of Aadhaar for availing the services / benefits applies to the resident as per the Aadhaar Act,2016. In view of the foregoing, most of the NRIs / PIOs /OCIs may not be eligible for Aadhaar enrolment as per the Aadhaar Act, 2016. However, the implementing agency may devise a mechanism to ascertain the genuineness of status of such NRIs / PIOs / OCIs. 5. Further, Section 7 of the Aadhaar Act, interalia, provides that “if an Aadhaar number is not assigned to an individual, the individual shall be offered alternate and viable means of identification for delivery of subsidy, benefit or service”. 6. Further, it has been recapitulated through various notifications / circulars that the requirement of getting Aadhaar is only in respect of those individuals who are entitled for it as per the Aadhaar Act,2016. In this regard, reference may be drawn to Prevention of Moneylaundering (Maintenance of Records) Rules,2017 and Section 139AA of the Income Tax Act,1961 which clearly stipulate that the linking of Bank Accounts and PAN respectively, is for those persons who are eligible to enroll for Aadhaar as per the Aadhaar Act,2016. 7. In view of the above, it is suggested that all Central Ministries / Departments / State Governments and other implementing agencies may keep in consideration the following while seeking Aadhaar as a proof of iden- tity:- a) Aadhaar as an identity document may be sought only from those who are eligible for it as per the Aadhaar Act,2016; and Most of NRIs / PIOs / OCIs may not be eligible for Aadhaar enrolement as per the Aadhaar Act,2016. 8. The Ministries / Departments are requested to issue appropriate directions to the State Governments / implementing agencies concerned on the above and also give it wide publicity.” The perusal of the provisions of the Act, and the Circular coupled with the reply of the Ministry of External Affairs, it is clear that Non-Resident Indians need not rush to India for linking with Aadhaar Card System because they are not entitled to do so and they cannot be compelled to do so because of the clarification by Ministry of External Affairs in their Circular dated November 15,2017.

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