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Report Dated March 30, 2017 8:20 PM
Millions of Non-Resident Indians (NRIs) living across the world do not need to bother about their Aadhaar identity card as it is not applicable to them, a top Indian official said.
“According to Aadhar Act, only residents of India are entitled to get an Aadhaar number. NRIs cannot get an Aadhaar because they are not entitled to get it,” Dr Ajay Bhushan Pandey, CEO, Unique Identification Authority of India (UIDAI), said in a telephone interview from New Delhi.
The authority is responsible for the processes of enrolment and authentication of data for India’s unique identification system — Aadhaar — and maintaining India’s Central Identities Data Repository.
Pandey was referring to Section 3.1 of the Aadhaar Act 2016, which says that only a resident shall be entitled to obtain an Aadhaar number.
Although the act does not specifically and explicitly exempt NRIs from the enrolment, the official was referring to the fact that an Indian would be treated as non-resident if he or she did not stay for at least 182 days in India in the preceding year as per other relevant laws, including Income Tax Act. As the Aadhaar act or any government notifications or orders never specifically exempted NRIs from Aadhaar enrolment, there was a widespread impression that NRIs also had to get the card.
While applying for Aadhaar card, he explained, Indians have to make a declaration in the application stating that he/she is a resident (not an NRI).
The declaration reads: “I confirm that I have been residing in India for at least 182 days in the preceding 12 months.”
However, when it was pointed out that NRIs have already obtained the card, Dr Pandey said: “The legal position is that they were not supposed to apply for the card. [Moreover] they have given a declaration that they have stayed in India for 182 days [in the preceding year].”
Asked whether Indian expatriates would face any legal action for “illegally obtaining the card”, he said : “I am not sure. But technically there is a violation; they should not have taken it,” Dr Pandey said.
Pressed for an answer on whether the authority would initiative any legal action, he said: “I will have to see on what circumstances NRIs obtained the card.”
Asked whether those NRIs should cancel their cards to be on the safe side of the law, he said there was no provision to cancel Aadhar card. “Once generated, Aadhar number will exist forever.”
The CEO made it clear that NRIs need not worry about access being denied to government services for not having Aadhar card. It is the responsibility of the relevant departments to give exemption to NRIs in this regard, he added.
The departments can get a declaration from the NRI that, being an NRI, he or she is not eligible for Aadhar card.
Report Dated March 27, 2017 7:27 PM
After drivers’ license, Aadhaar-based re-verification has been made mandatory for all existing subscribers of mobile phone services, with the government instructing telecom operators to initiate the process.
“All licensees shall re-verify all exiting mobile subscribers (prepaid and postpaid) through Aadhaar-based eKYC process,” said a telecom department notification.
Last month, the Supreme Court had observed, “an effective process has been evolved to ensure the identity verification” for new users. It added that “in the near future, and more particularly within one year from today, a similar verification will be completed, in case of existing subscribers.” Licensees, or the cellular operators, will have to inform existing users about the Supreme Court order for the re-verification process. They have also been directed to upload the execution details on their respective websites.
For the re-verification through Aadhaar, the operator will have to send a verification code to the subscriber’s number. The operator will, then, have to verify this code from the subscriber so as to confirm whether the SIM card of the connection is physically available with the subscriber.
“After the completion of the eKYC process, before updating or overwriting the old subscriber detail in database with the data received through eKYC process, the licensee will seek confirmation from the subscriber about the re-verification of his/her mobile number after 24 hours through SMS,” the notification said.
The operator can re-verify more than one mobile connection in one service area through a single eKYC but not bulk connections. For issuing additional mobile connections to re-verified subscriber, the operator would have to follow a separate eKYC process.
However, verification of a subscriber would not be required in case of conversions – that is prepaid to postpaid connections or vice versa, the notification clarified.
The government has, in the recent past, said that Aadhaar cards will be made mandatory for filing tax returns and applying for driving licences.
Report Dated March 26, 2017 6:35 PM
U.S. authorities have begun pressing the Indian government to resolve more than 270 outstanding deportation cases involving Indian nationals, Indian officials.
Officials said they know little about the specifics of the cases and could not tell from their own data whether people had overstayed visas or were convicted of more serious criminal offenses.
The request — which U.S. immigration officials insisted was routine — was nonetheless significant because it comes at a time when the administration of President Trump has launched raids and other wide-ranging efforts to arrest and deport many of the United States’ 11 million immigrants in the country illegally, particularly those with criminal backgrounds.
Of particular concern, according to Trump’s Jan. 25 immigration order, are countries that drag their feet accepting their wayward citizens back.
A rising number of Indians are living illegally in the United States — an estimated half a million people — according to a 2016 study by the Pew Research Center.
Returning them to their home country, particularly if they are criminals, has not always been easy. India has been dropped from a list of 20 countries labeled “recalcitrant” in accepting their citizens who have been convicted of crimes in the United States or overstayed their visas, and have deportation orders issued by a court.
Countries on the “recalcitrant” list are often slow to issue travel papers because original documents have been destroyed and because their economies rely in part on money sent home to relatives.
Report Dated March 23, 2017 7:32 PM
A slew of building activity in Mumbai, India
Haryana’s non-residential Indians (NRIs) living thousands of miles away in different time zones are facing property encroachment as one of the major troubles at their native places these days.
Mainly complaints were received by the Haryanvis residing in United Kingdom, United States of America, Canada, Dubai, Australia, Singapore and other European countries and maximum of them have complained that their lands were illegally grabbed by the their family members or relatives.
On the occasion of Pravasi Haryana Divas held earlier this year, Haryana Chief Minister Manohar Lal Khattar had announced to set up two dedicated cells for the NRIs saying that the grievances redressal cell would deal with their complaints, while the other would be to facilitate their investment and they would be able to give their suggestions.
The NRI cell was launched by the Haryana Police on January 25 on its Web Portal Harsamay 24X7 giving access to NRIs for complaining regarding any issue requiring police intervention.
Report Dated March 19, 2017 6:27 PM
The Family Court in Hyderabad has issued an interim injunction restraining a NRI husband in USA from pursuing a divorce case in a Texas court.
The judge of the Family Court passed this interim order in a plea filed by an aggrieved wife Soni Oleti Kommineni of Erramanzil colony in the city.
Her counsel Balaji Vadera told the court that his client was aggrieved with the divorce petition filed by her husband Siddi Ganeswara Prasad Kommineni in a district court in Texas without any information, and subsequent court notices to her.
The proceedings launched in herabsence offend the provisions of the Hindu Marriage Act, 1955, he argued.
The counsel alleged that Soni was subjected to indiscriminate harassment by her husband , Prasad since the time of marriage which took place at Tirupati on Feb 20, 2014. Her parents gave `10 lakh cash, 100 tolas of gold and 10 kilos of silver ornaments. However, he harassed her from the next day demanding additional dowry of `1 crore. He also took `3 lakh and flight tickets from Sona’s parents in order to take her to USA, he noted.
Balaji submitted that they had a son Advaith in April 2015. However, the indiscriminate torture against Soni continued even at Texas.
Later, Prasad sent Soni and their son to India, and his mother accompanied them. After their arrival in India, Prasad’s mother took the passport and other documents from Soni rendering her ineligible to go back to USA.
Meanwhile, he moved the Texas court seeking divorce. As she was not in a position to respond to the notices sent to her by the Texas court, she approached the Family Court seeking anti-suit injunction to prevent her husband from pursuing the divorce case.
In fact, Prasad is amenable to the jurisdiction of the Indian Courts and not vice versa since the marriage was performed here under the Hindu Marriage Act, the counsel pointed out.
After hearing the case, the Family Court judge issued an interim injunction against Prasad directing him not to pursue the divorce case in a foreign court and posted the matter to March 31 for further hearing.