Saturday 26 August 2017

ADHAR - a double edge sword




An Aadhaar card is a unique twelve digit identification number issued to every citizen in India and is a centralized and universal identification number. The Aadhar card is a biometric card that stores an individual's personal details in a government database, and is fast becoming the government's base for public welfare and citizen services.

The government has most effectively shown the benefits of ADHAR by successfully using it to weed out fake beneficiaries of state largess and channelize our meager resources to those who need it most. The government uses the Aadhar network in order to ensure that individuals who require assistance and benefits gain access to these resources directly, eliminating the need for middlemen. As part of this process, it is gradually linking all essential government services and benefits schemes to the Aadhaar network, creating a centralised database through which it can distribute and keep track of the various schemes and programmes it runs along with the beneficiaries.

The Aadhar card is a very versatile card and can be used as proof of identity, proof of address as well as proof of age when applying for any government service. Issues like acquiring passport, opening bank accounts, getting digital life certificates, receipt of monthly pension, disbursing provident fund and LPG subsidy can all be done by this single card. The linking of Adhar card to PAN card will now help the nation tackle the problem of multiple PAN cards issued under a single name. Thus benami transactions will be difficult.

But there is the other face of ADHAR too, that cannot be ignored.

This is the current conundrum bothering the Supreme Court.

The dangers of Aadhaar/UIDAI isn't about privacy or data security alone. It is far bigger. It is about how much power you as an individual, surrender to the government.

To those who support Aadhaar and/or the government, indulge me for a moment. Imagine, and I repeat imagine, for a moment that there is an anti-BJP or Congress government at the Centre or worse, an Army general who manages a coup and then declares an Emergency. The last time it happened, opposition leaders, including LK Advani or George Fernandes went underground. They masked their identity, travelled across the country, raised money and garnered people’s support for their activities against the government. None of this will be possible any more.

Under such a circumstance, just switching off your cell phone won’t be sufficient to avoid the government tracking you down. Thanks to Aadhaar, you won’t be able to withdraw money or make any transaction using even a debit card. The government is linking Aadhaar to train tickets and boarding passes. You won’t be able to travel.

Being a centralized database, it just takes a few seconds to switch off your Aadhaar authentication. That can deny you your own money, deny you any movement, deny you any form of communication. You can’t hide behind an alias. It is linked to your biometrics. The government doesn’t need to even arrest you. It can just deny your existence in a matter of few seconds. You aren’t dead, but you can be termed dead in a matter of few seconds. You can be Switched Off!

As databases get more and more linked – property cards, tax filings, joint bank accounts, school admissions, - it takes another few seconds to identify your family members. And extend the same denial of existence to your family, friends or anyone who you have done any relationship with. Switch them off!

Such acts don’t even require a declaration of Emergency. A Facebook post that isn’t liked by someopne powerful enough can trigger this in a matter of moments. Switch Off.

The problem with Aadhaar is that it is centralized, and it owns you. You don’t have access to your own trail or data, but someone else has unilateral access to you, anytime. And it stores data, for seven years or even more. No law is sufficient. Aadhaar shouldn’t exist.

We don’t need rights or protection for Achhe Din. Rights and protection are meant for the bad times. But it is during the good times, it is important to not lose sight of how bad times can be and what we need to protect about ourselves.

The likes of Nandan Nilekani are now saying that is a security issue and then point fingers at Android, iOS or Facebook which too owns a lot of our data. It isn’t similar Sir. None of them have executive powers over me. I have some notional ability to delete them, sign off. They can’t Switch me Off. His argument is akin to saying – “look, we have built a grand, free house for you to live in. Yes, the columns of the house aren’t strong enough, but hey, there are other houses in towns that also have weak columns.” Sir, with all due respect, you should have built protection first before giving birth to a Frankenstein.

It's Big Brother is watching you scenario from Orwell. But I do not doubt the intentions of this government. It is just that they have not thought it through and they will have to do a lot of homework. I am sure there will be checks and balances but I as a citizen and a voter need to know all about them. Right now this looks like a knee jerk reaction against the rampant corruption of the previous government......But has the pendulum swung too far!


Wednesday 23 August 2017

INDIA - SECULAR.......BUT NOT UNIFORM, WHAT A TRAGEDY





A “civil code” refers to all the laws that deal with matters such as marriage, divorce, maintenance, adoption and inheritance, and property rights in different communities. These personal laws are merely the codification of each and every community’s cultural practices and customs and govern family-related issues, and as India is a grand amalgam of many communities and many religions it is quite expected to have different personal laws for different religious communities. So where is the problem in this un-uniformity, you may ask. The problem is that because of these diversities in the legal system all Indians are not treated in the same way by the law. And this is no secularism!  

Why the objection
The aim of this uniform code is to bring streamline in the personal laws and to ensure that the law treats every person equal irrespective of the religion he/she preaches and the sect he/she belongs. The proposed legislation is aimed at replacing personal laws of various communities on marriage, divorce, inheritance, adoption, and maintenance. However, legal experts also caution that a Uniform Civil Code should not become a vehicle for imposing a Hindu majoritarian civil code on other communities and there is no doubt in my mind that this very important issue will be looked into. In other words, the Uniform Civil Code should not be allowed to kill our cultural diversity that caters to community-specific needs and implements “monotheism” in the garb of “secularism”.

The Hindu grievance
The Hindu majority has another grievance which cannot be overlooked. Since Independence, in the name of creating uniform Hindu laws, Hindu personal laws have been thoroughly secularized through the passage of various civil laws like Hindu Marriage Act 1955, Hindu Succession Act 1956, Hindu Minority and Guardianship Act 1956 and the Hindu Adoption and Maintenance Act 1956, etc., which despite paying a lip service to the importance of customs and usage, ignores them on the ground. As a result Hindu communities have been denied access to be governed by their religious Shastras, and their prevalent community specific traditions and practices have been dismantled but minority communities- Muslims, Christians, Parsis, and Jews- all have continued to live by their community specific religious personal laws, which are rooted in their religious principles! This, to my mind, is discrimination.

It is really a pity that the world’s longest and most elaborately written Constitution in the history of mankind is itself responsible for such discrimination. Does India need the Uniform Civil Code? Of course, she does. It is high time that India had a uniform law dealing with marriage, divorce, succession, inheritance and maintenance. Even the Western countries like Italy and France have enforced it. But, the scenario in India is a lot more complex. We have to truly turn secular, delink religion from politics, stop viewing minorities as vote banks and formulate new laws which help those who need to be protected by them most. A broad consensus must be drawn among different communities to facilitate such a landmark step in India’s religious, social, political and most importantly judicial history.

Uniform Civil Code and the judiciary
It was in 1985 that the need for a Uniform Civil Code was felt for the first time. This was when the famous case of Shah Bano burst into the public consciousness. Bano had gone to the courts to demand maintenance after her husband had divorced her. Ruling on the case, the then Chief Justice of India Y.V. Chandrachud had observed, “A common civil code will help the cause of national integration by removing disparate loyalties to law which have conflicting ideologies.”  Unfortunately, the government of the day thought otherwise. It argued that monotheism is completely alien to Indian civilizational ethos, which celebrates diversity and has evolved tailor-made cultural and religious practices to cater to the specific needs of different communities. Thus it felt that Uniform Civil Code killed cultural diversity that catered to community-specific needs and attempted to implement “monotheism” in the garb of “secularism”.

A lot of water has flown down the Ganges since then. The Muslim women have become more educated and they have turned more vocal. They are not prepared to lead the life of second class citizens anymore and it is because of these brave women more than because of the government of the day that the Supreme Court of India under the leadership of Chief Justice J.S. Khehar passed the landmark judgment banning triple talaq, the worst form of gender inequality prevalent in the Muslim community. After the Shah Bano case the Muslims took to the streets and persons like Z A Ansari and Syed Shahabuddin came forth to establish Muslim orthodoxy, but the climate in New Delhi with the BJP led NDA government in massive majority, is no more conducive to them and the vote-bank card is in fact with the government, with the Muslim women firmly behind it.

Why India needs the Uniform Civil Code?
There are many reasons why India needs Uniform Civil Code and fulfilling a poll promise of the ruling party may be a sweet by-product, but certainly not one of them. To my mind the reasons are:

1.      India turns truly secular by this code. A uniform civil code means that all citizens of India have to follow the same laws irrespective of the religion they belong to. A uniform civil code doesn’t mean it will limit the freedom of people to follow their religion, it just means that every person will be treated the same. That’s real secularism.
2.      All Indians should be treated similarly and religious laws do not do so. All the laws related to marriage, inheritance, family, land etc. should be equal for all Indians and not discriminatory as religious personal laws like triple talaq often are. This is the only way to ensure that all Indians are treated same.
3.      Women are empowered. Our society is extremely patriarchal and misogynistic.  A uniform civil code will help in changing these age-old traditions that have no place in today’s society, where we do understand that women should be treated fairly and given equal rights.
4.      Modern and progressive outlook. The personal laws have today left India in a pitiable state. We are neither modern nor traditional but a strange mix! A uniform civil code is the sign of modern progressive nation. It is a sign that the nation has moved away from caste and religious politics. While our economic growth has been the highest in the world our social growth has not happened at all.
5.      Personal laws are not holy but have too many loopholes and these are exploited by the powerful and the influential. Our panchayats continue to give judgments that are against our constitution and we don’t do anything about it. Human rights are violated through honor killings and female foeticide throughout our country. By allowing personal laws we have constituted an alternate judicial system that still operates on thousands of years old values.
6.      It will sanitize the electoral politics to some extent. It will vote puncture bank politics that most political parties indulge in during every election. If all religions are covered under the same laws, the politicians will have less to offer to certain minorities in exchange of their vote. Not having a uniform civil code is detrimental to true democracy and that has to change.
7.      It will help in creating One India. A uniform civil code will help in integrating India more than it has ever been since independence. A lot of the animosity is caused by preferential treatment by the law of certain religious communities and this can be avoided by a uniform civil code. It will help in bringing every Indian, irrespective of her/ his caste, religion or tribe, under one national civil code of conduct.


I respect the anguish and alarm of those who feel that in the name of uniformity in civil code our diversity of religion, culture and civilization is at risk but if we incorporate the most modern and progressive aspects of all existing personal laws while discarding those that are retrograde then how can we not build a better future? Religious fundamentalism must go, social and economic justice must be made available to the so-called minority and oppressed groups and their dignity should be ensured to achieve this dream of one India, one society and one Law.

Saturday 5 August 2017

REACHING 60……..TIME TO START THE SECOND INNINGS





REACHING  60……..TIME TO START THE SECOND INNINGS


This is that time of life when we need to take a fresh guard and continue batting with the sole aim of winning the match! The pitch is a bit worn out, we are no more fresh as a daisy, a bit tired after the busy first innings, and the new ball is swinging both ways! But there are many things that are in our favor too. We have been playing this game rather well for quite some time, we know the tricks of survival and the art of thriving even when the chips are down and we have partners and friends to fall back upon! The tempo of this innings will have to be different, full of life and truly swashbuckling but at no stage can we throw cautions to the wind. So ‘discipline’ is the theme of this innings. Many people who reach the age of 60 feel a sense of uncertainty about their future, but life after 60 can also be the most rewarding and fulfilling time of all. Roles and responsibilities change with time, but this allows for a fresh canvas to be painted once again. Here are 9 ways to make the most of life after you turn 60:


1. Take care of your health
Reaching the age of 60 has long been considered the start of a time of inevitably physical and mental decline, but that no longer has to be the case. Nowadays, people are living longer and have a better quality of life than they ever did. There’s no denying that the body changes after we reach that milestone age. We add a few extra inches to our girth and a few kilos to our weight but that doesn’t mean that we cannot keep up and even improve our fitness. Having that last puff one day and then saying ‘good bye’ to our favorite cigarette will be a big help. Alcohol in moderation and only on celebratory occasions will also help. And starting a new exercise that’s suitable to our overall health condition and lifestyle will be invaluable. I am of the opinion that if we can walk 4 Km in 40 minutes every morning we will keep ill health away from us. As the Army says ‘it is very difficult to hit a moving target’! Sometimes, routines are the very things that cause our resistance. You should have some kind of structure to your exercise, just to make sure it’s getting done, so how about stringing together completely disparate activities – walking, cycling, badminton, cricket, golf and a mix match!

2. Understand Money differently
Reaching this milestone age should herald the start of a time in which we enjoy the fruits of our labor. So long we have worked for money, now our money should work for us. If we are still worrying about how we’re going to pay the next bill then something is not exactly right. If you’re in financial difficulty or feel like your money isn’t working for you, it’s time to consider making some changes. The obvious place to start is to look at your expenses to see what you can cut down on. You can also think about downsizing your home if you need to. Being 60 and over should definitely be a time to enjoy your money, but just make sure you have enough to last you, as you’re likely to live much longer than people of previous generations. You can also consider finding ways of making extra money.

3. Develop New Relationships
Many people over 60, even ones that are married, fear of being alone. For single man/women of this age and over, they wonder whether they’ll ever find love again. Those who are with a partner fear of being left alone after they pass away. So what do you do? Build a solid circle of friends. If you haven’t been lucky enough to build a solid support system of friends throughout your life, now is the time to start doing it. This is because these people will be the ones to help keep you happy and healthy for the rest of your life. Explore your hobbies with like-minded people and make a point to do at least one social activity per day.
All of us have been to schools and colleges. All these institutions have alumni associations. Visit their websites and re-establish your lost contacts. You will be surprised to stumble upon your own classmates and batch-mates in Facebook and WhatsApp and build your own support system of friends. This is true symbiosis – good for everybody and a great way to spend time! In days to come children will become too busy with their careers and it will be inconsiderate on our part to expect them to be on our side at every beck and call but with friends, staying in the same city, meeting frequently and celebrating birthdays and wedding anniversaries together are a great way to enjoy life!

4. Be happy with your body image
Society continues to propagate stereotypes of people who are in their 60s or older being invisible, unstylish or not interested in sex, and anti-aging ads with 30-year-old models posing as “older” women are all over our TV screens. Nevertheless, we gain wisdom with age, and also become more comfortable in our own skin. Being at peace with our appearance after 60 is a balancing act. On the one hand, there are few of us who don’t have a desire to keep looking great by wearing great clothes, taking care to dye our hairs if they still remain on our crown and keeping in good physical shape, but on the other, we must always remember to be kind to ourselves, and remember that beauty is both internal and external. You have every right to look great at 60 and age gracefully like Hema Malini, Sharmila Tagore, Amitabh Bacchan, George Clooney and Elizabeth Taylor!

5. Find new ways to relate to your food
You should make a conscious effort toward finding new ways to related to the food you eat. The age of gulping down gallons of Coke and Pepsi and devouring at Pizza Hut and McDonald regularly is surely over. Once in a while, for old times sake, it is all right but the daily food should be both fresh and nutritious. You should also avoid unconscious eating, such as eating when you’re in front of the TV. Be deliberate and thoughtful about every bite of food that’s on your plate. Shop with care and think about portion sizes, but remember to treat yourself every now and again. Consider eating primarily as a means to keep your immune system in tip-top shape. The second reason of eating is surely enjoyment…..enjoy your food!

6. Make changes in your home
While I do not like the idea of moving to a smaller and more manageable home, for that would hamper my style of living I see many people doing so after retirement. Whether you do so or you don’t there are a few things you need to do to your home. For one, you can have handrails installed in the bathroom. The handrails can greatly improve your mobility and security when using the bathroom. Two, you can also install non-skid tiles for all the floors of your home. Non-skid tiles can help prevent accidents such as slips and falls. Three, you should also replace your standard doors with more secured ones with better locking systems. It may seem silly to prepare even your home for your old age, but this will prove to be very advantageous for you and your spouse.

7. Have a proactive social life
Nurture your circle of friends and become the group’s “event organizer” if needed. Suggest outdoor trips and overseas outings to your friends and befriend your home computer so that these events can be easily organized to the finest details. You could consider hosting a regular dinner party, coffee circle, book club or weekly cinema outings. Another interesting thing you can do is open up the doors to your home to backpackers and international visitors using sites like AirBnb. This is a great experience and you can learn a lot about people and culture of many far away places.

8. Time to tick your ‘to do’ list
Make a list of things that interest you and that you can try out as you have time and money now. So whether it is a trip to Kailash and Mansarovar or learn a new language or learn how to play a musical instrument or practice Yoga, this is the time to do all this and much more. There are no pending responsibilities, no parents or children to look after, and no regular office job to do justice.

9. Time to give it back
A quiet life after sixty is the best time to give back to the society what we truly can. While professionals like doctors and lawyers find it easy to render their services to the society, teachers, army veterans, sports persons too actively help in shaping the next generation. This is a wonderful way of staying young and useful. Simple acts of kindness and helping other individuals can help keep you engaged while imparting your wisdom and experiences to others. Volunteering may also put your life, and ability to engage in it, in better perspective, and you in turn can enjoy seeing how a little help from you can change the life of others!


Last but not least, if you compliment people, stay positive and be grateful, the blessing of friendship will definitely come into your life. As you get older, you know that bad times are going to pass and so you do not despair. You also know that good times will also pass, which makes those good times even more precious! So let’s say Cheers to the rocking 60s!