Aadhaar no longer a bar to avail essential services and benefits

Aadhaar is a unique identification number allotted to every resident of India by the Unique Identification Authority of India on behalf of The Government of India. UIDAI is a statutory body established under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) At, 2016 by the Government of India under the ministry of Electronics and Information Technology on 12^th July 2016. Prior to this date UIDAI was functioning as an attached office of the Planning Commission.

The object of the Aadhaar project was to bring about a uniform and a unique system of identification for the residents of India and to eliminate the problem of multiple and fake identities. UIDAI is the body responsible for the enrollment and authentication of Aadhaar along with its management and operation at various stages in an Aadhar life cycle. The body is also responsible for developing policies and procedure for the issuance of Aadhaar number to the residents of India. The information collected for the allotment of Aadhaar number includes biometric as well as demographic information of the individual.

Despite the fact that the project aimed at benefitting the people and absolving them from the difficulty of multiple identities, still the project faced various difficulties. This project came into the limelight again when it was notified through various news articles, that a pregnant lady was denied medical facility in a hospital as she was not carrying her Aadhaar card.

After this incident, the news spread like fire and the UIDAI in a press release stated that no essential services or benefits can be denied to a genuine beneficiary for not having an Aadhaar card. It also specified certain essential services like hospitalization, school admissions or ration through PSD. UIDAI further asked government departments and also the state administrative departments to ensure that no such difficulty of availing essential services is caused to the people for not having a biometric national identity.

UIDAI further mentioned in its press release that if any person who is a genuine beneficiary is denied any essential services then such a person may report the same with the higher authorities of the respective departments where the service is denied. The UIDAI stressed on the fact that the biometric identity is an initiative to bring transparency, accountability, and uniformity in the delivery of public services.

Furthermore, alternative provisions are provided under section 7 of the Aadhaar Act whereby if an individual has not been assigned an Aadhaar number then such an individual is to be provided with alternate and different identification methods so that such an individual can claim the benefit of various subsidies and services.

It is important to mention that the UIDAI on 24^th October 2017 had previously issued a circular wherein certain exceptions where mentioned, which are necessary to be followed to ensure that no genuine beneficiary of essential services is denied services for the want of Aadhaar card, same was again stressed by the UIDAI in the recent press release.

Aadhaar project is initiated and executed for the benefit of the people and to ensure that transparency is maintained so that all individuals receive same entitlements and benefits without any discrimination or the fear of being discriminated. This project brings transparency with it and as a result, would help in minimizing the menace of corruption.

Legal remedies available against defamation

India is a democratic country where freedom of speech and expression is guaranteed as a fundamental right under Article 19 of the Constitution of India. However, the Constitution does not guarantee this right absolutely. This right is subject to certain limitations and restrictions as well.

Defamation is one of the restrictions imposed on the freedom of speech and expression by the law. Defamation in simple terminology means any oral or written statement made by someone to hurt the reputation of the other. In other words, defamation is a spoken or a written statement which is deemed to harm the reputation of an individual and is proved to be false.

Defamation mostly related to the effect that is caused by the right-thinking members of the society and what is the effect of defamation on the mindset of these people at large. One’s freedom of expressions ends at the point when it amounts to defamation, a fine line exists between the two.

Defamation can be classified into two types;

1. Libel
2. Slander

Libel is a defamatory statement made in writing or published while as slander is a defamatory statement orally made.

In India defamation is viewed as both a criminal as well as a civil wrong. Both the options are available to the victim. A victim can approach the High Court or a subordinate Court seeking damages as monetary compensation from the accused this is the civil remedy available. with respect to criminal remedy section 499 and 500 of the Indian Penal Code come into play.

The code provides an imprisonment which may extend to two years or fine or both. Defamation is regarded as a bailable, non-cognizable and a compoundable offense. For a person to be punished for the wrong of committing defamation certain essential elements must be present.

Essentials of Defamation;

1. Written or oral statement
2. Published
3. Such statement must be false
4. Causing injury to the reputation directly or indirectly

Thus, for a statement to be defamatory, it is necessary that the same is made either orally or in writing or published by any means and thereafter the statement must not be true. This statement must result in injuring the reputation of the victim.

Defamation as a civil wrong (Tort):

Defamation, as discussed earlier, is both a tort as well as a criminal wrong. Defamation as a tort is mostly related to libel and not slander. Defamation is regarded as a tort only when it harms the reputation of the person who is alive and does not directly protect the dead from being defamed.

The general rule followed in the cases of defamation is that the plaintiff needs to prove that the defamatory statement refers to him and a dead man cannot do the same. However indirect protection is available when the reputation of the heir of the deceased is tarnished due to the defamation then an action is maintainable.

When an action for defamation is proved successfully then damages will be awarded to the person defamed. The law also prescribes that when a person has an apprehension of being defamed by any means of publication then such a person may ask for an injunction restraining such a publication. Thus, the civil remedy available is a suit for compensation or injunction.

Defamation as a crime (Indian Penal Code):

The Indian Penal Code defines defamation and its exception under section 499 and prescribes its punishment under section 500. The code defines defamation as any words spoken or intended to be read, signs or any visible representations which are published or spoken imputations concerning any person made with an intention of causing harm to the reputation of the person to whom it pertains or the person making such an imputation has a reason to believe or knows it would harm the reputation of the person concerned then such a person is said to have defamed the other person.

Exceptions to defamation under section 499 of Indian Penal Code:

Section 499 provides for 9 exceptions for defamation;

1. The true statement for the public good:

The law does not consider a statement defamatory when it is true and is made in the interest of public good. Whether it is for public good or not is a question to be determined.

2. Opinion as to conduct of public servant:

The law does not consider an opinion expressed in good faith with regards to the conduct of a public servant while discharging his duties.

3. Conduct of a person touching public question:

Any opinion made in good faith concerning the conduct of a person relating to a public question and respecting his character as far as it appears in in that conduct.

4. Publication of reports and proceeding of Court:

It is not considered as a defamatory statement when the publication is substantially a true report of the proceeding of the court or the result of the proceedings.

5. Conduct of witnesses or merits of the case:

It is not defamatory to express an opinion in good faith regarding the merits of a case which has been decided by the Court or respecting the conduct of any of the party or the witness as far as the character appears

6. Merits of public performance:

Any opinion expressed in good faith with regards the merits of any performance which is submitted to the judgment of the public.

7. Censure passed in good faith:

Any censure passed in good faith on the conduct of a person in a consented matter is not defamation under the law.

8. Accusation preferred in good faith:

Any accusation in good faith against any person who has a lawful authority over such a person with regards the subject matter of accusation is not defamation.

9. Imputation made in good faith for protecting one’s own or others interest:

Making an imputation in good faith for the protection of the interest of the person making it is not considered as defamation.

10. Caution intended for good of a person to whom it is conveyed or for the public good:

Conveying of caution which is intended in good faith of a person against another is again not regarded as defamation.

The Indian Penal Code also prescribes punishment for defamation under section 500. The punishment prescribed is a simple imprisonment for a term which may extend to 2 years or with fine or with both.

Qualities to Look for Divorce Lawyers

Apart from the death of a loved one, a divorce is one of the most painful and stressful experiences of a person’s life. Being surrounded worries of an ending relationship makes finding a divorce attorney a very daunting task. Divorce proceedings are lengthy and tedious, the attorney you choose will be representing you for several months, or even a year or more, which implies that finding the right lawyer can make the divorce process a lot easier on you and your family.

When looking to hire an attorney to represent you in your divorce, you should look for someone with the following qualities:

• Competent, Skilled, and Experienced 

It is extremely important that you hire a seasoned divorce lawyer, one who has expertise in the field of matrimonial law. But that’s not enough, seek out an attorney with experience in family cases similar to yours. If your case involves complex issues like child custody or adultery, find a lawyer who has handled plenty of such issues and is knowledgeable about the issues of your case. The ability to litigate is crucial in the event your case goes to trial.

• A Top-Notch Communicator

An experienced professional divorce advocate needs to be an expert at communicating with various parties throughout your case. The most important being your communication with your lawyer. He or she should be open to all your queries and be able to clear all your doubts in a way that you understand what you are getting into. It’s the duty of the lawyer to make sure you are aware of the weaknesses and strengths of your case and the possible outcome of the litigation.

• Available

While interviewing lawyer you must inquire about their work hours and response time, their policy on returning your message, so that you can set your expectations accordingly. At any given time, your lawyer will be working on more than just your case, so you cannot expect that he or she will immediately respond when you have a question.  One should always pick and attorney with a moderate work load, steer clear of an attorney who overloaded or understaffed or both, so that the required amount of time and attention is given to your case.

• Equipped with Sufficient Resource 

Find out whether the lawyer has experiences associates/juniors to cover for him in case he can’t make to the court on the date of the trial due to any unavoidable circumstances so that your case isn’t delayed or prejudiced.

• In Control and Composed (Even When Under Pressure) 

It can be frustrating for your lawyer when things don’t go according to plan. It’s important your attorney maintain composure and a level head, so that he or she can properly strategize in the event you need to change course. Your lawyer must be able to control your case, and not let your spouse’s lawyer or the judge control it for him or her.

• Pro-Negotiation 

Good negotiation skills are an important trait in all lawyers. Your lawyer should be able to persuade your spouse’s lawyer to settle issues without having to for a trail. Persuasiveness and willingness to compromise will make the case easy and less costly for you.

• Strategic 

It is important that you find a lawyer who keeps your end goal in mind and makes strategies (plans) as and when the situation demands.

• Confident & Strong 

Your attorney should be firm and confident in what he is saying. He should be able to handle the harassment and bullying from the opposing counsel.

• Has perspective 

Your lawyer should not be over-confident, he should be able to see both the sides of your cases as well as that of your spouse’s. A lawyer who is perceptible can recommend the best course of action for you in every situation.

• Genuine

You need to have a sense that the attorney cares about your case, and treats you with respect. If he or she is just looking for a check, then it’s possible that your lawyer may encourage you to settle for less than you deserve or are entitled to. Seek out someone who has your best interests in mind.

In today’s modern world, the divorce rate is growing at an alarming pace. On a daily basis, a lot of marriages break apart. LawzGrid provides you with the Best Divorce Lawyers in Delhi that offer you a wide range of legal services. Their lawyers are very- well trained for representing the cases in front of Supreme Court of India, High Court of Delhi, and the District Court.

Guide How to Hiring a Lawyer

Women Misuse of Dowry Prevention Laws in India

• In a Landmark Judgement, the Hon’ble Supreme Court had said that women are spreading legal terrorism in India. The Dowry Prevention Law (Section 498A/ 406 of IPC) is one of the most misused provisions of law in India and yet no modifications seem to have been made in it over the years.
• This section was enacted to protect the dignity of a woman has become a widely misused weapon by them and is used to harass and blackmail their husband and his family. Once an FIR is filed under 498A/406 (IPC) it becomes a stooge in the hands of the police to harass the husband and all his relatives named in the FIR without an intrinsic worth or preliminary investigation. This provision further diminishes all chances of an amicable reconciliation between the couple. The prolonged trials further add bitterness to the already strained relationship between the families.
• In the famous Nisha Sharma dowry case in 2003, the wife was widely praised by the government and the media across India for taking a bold step and filing a case against her Husband. However, there was little or no media coverage of the event nine years later when it was revealed that her case was just a hoax to cover up her own illicit affair. There is not one but many cases where dowry provisions are misused by women to torture her husband or his family members.
• There have been ample cases where this law has been misused. Women use this law as a weapon to extort money out of their husbands at the time of divorce. Small incidents of little consequence are exaggerated in a large number of complaints. According to a survey conducted by Fight Against Misuse of Dowry law has revealed that 98% of the cases filed under section 498A is false. In Sushil Kumar Sharma Vs. The Union of India the supreme court lamented that this provision is being widely misused to fulfil personal vendettas and oblique motives. A majority of the complaints are filed in the heat of the moment or due to ego clashes for trifling matters and end up with grave consequences. In a recent directive, the Supreme Court has ordered proper investigations be made before arresting in domestic cases other than those where there are physical marks of injury or death.
• One may say that a lot of laws are being misused in India then why change just this one law, that’s because this is the only law that puts the onus of
• proof on the defendant. The only under which the accused has to prove his innocence to the court beyond a reasonable doubt. It is also the only law in India where no proofs are required by the police to make an arrest.
• The Supreme Court has time and again asked the government to review this law but however, there is no change in the law simply because each time an amendment to the law is implemented, NGO’s for women’s right start rampant protests against it. The irony with this provision is that the women whom it was created to protect are not even aware of its existence and educated and aware women are misusing this provision threaten and torture their husbands and his family. Women in rural areas would never step into a police station to file a FIR against their husbands. They are ingrained with the concept that to make their marriage work they have tolerated a certain amount of abuse and violence at home and it is a right of their husbands. Therefore, the need of the hour is an amendment and spreading awareness regarding such provisions of law. And just a reminder to women who think of this provision as weapon.
• “If the cry of a wolf is made too often, assistance might not come when the wolf actually appears.”

The Journey Begins

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Good company in a journey makes the way seem shorter. — Izaak Walton