Stany Bela
Daijiworld Media Network - Mangaluru

Mangaluru, Jan 30: The procurement of Aadhar card by a Malaysian citizen in Mangaluru has sparked a debate after news on it was reported in a section of the media.

Hoh Jian Meng (25), who has come to pursue medical course in the city with study visa, has succeeded in getting an Aadhar card for himself. Some reports mentioned that by securing the Aadhar card Hoh Jian Meng became a 'citizen of India'. Reports also stated that issuing Aadhar card to a foreigner was equal to 'anti-national activity'.

Reports also suggested the involvement of a local political leader who reportedly called a security personnel and told her to allow a stranger woman into a building to get Aadhar cards done and that she was working on behalf of a party.

But what is the reality? Simply this - A foreigner staying in India is eligible to obtain an Aadhar card provided he/she fulfills certain criteria like period of stay. And no, there was no politics involved, nor any call from a political leader.

After the issue gained public limelight, people engaged in law firms and related fields came forward with a clarification to set all speculations at rest.

The Aadhar Act, 2016 states, "Every resident shall be entitled to obtain an Aadhar number by submitting his demographic information and biometric information by undergoing the process of enrolment."

The Act further defines residency as, "An individual who has resided in India for a period or periods amounting in all to 182 days or more in the 12 months immediately preceding the date of application for enrolment."

This means that it does not matter whether the individual is an NRI or a foreigner, if he/she has stayed in India for more than 182 days, he/she will be eligible for Aadhar. 

One should not confuse Aadhar residency definition stated above with the one mentioned in the income tax laws. The Income Tax Act defines an individual as a resident if in a financial year (April 1- March 31), he/she has stayed in India for more than 182 days. On the other hand, under the Aadhar Act, there are no specific dates defining a year.

Speaking to daijiworld, lawyer Dinesh Ulepady said, "Issuing an Aadhar card to a foreigner is not a crime, so the question of the official issuing the card or his officing engaging in 'anti-national' activity does not arise at all. It is not a citizenship card that is issued by the government.

"Aadhar is only meant to serve as a proof of identity and address, and does not equate to Indian citizenship. It will help only in bank transactions and certain welfare schemes," he said.

He however also pointed out the loopholes in the Aadhar system. "If a foreigner who is part of a terrorist outfit or an international smuggler manager to obtain an Aadhar card in India, we can straight away point fingers at the Unique Identification Authority of India (UIDAI) which is under the central government. The entire process of issuing Aadhar cards is full of confusions and loopholes. UIDAI does not have its own offices or officers. At the district level, the deputy commissioner is in charge. After that, private agencies take the franchise to set up Aadhar centers. The agencies get commission from UIDAI for every entry, so they are not bothered about scrutiny and verification. There is no departmental setup for UDIAI in state or districts. Everything is controlled from Delhi. I do not know on what guarantee the central government is believing these agencies. Our Prime Minister Narendra Modi is highly interested in issuing Aadhar cards, but he does not want to make the process systematic."

When contacted, advocate Thomas D'Souza, former additional government pleader, Kerala told daijiworld, "The Aadhar Act clearly states that even if you are holding an Aadhar card or have applied for one, it does not mean that you have received Indian citizenship. At the same time it says, an individual is not under the purview of section 139AA of the Income Tax Act if he or she is not a resident as per Aadhar Act.

"Aadhar is a 12-digit identification number issued to an individual after the receipt of demographic information such as address, date of birth and biometric information such as iris scan, finger prints etc. There are many foreigners in India who have obtained Aadhar card," he said.

Raju, a Indian residing in the UAE told daijiworld, "I have been residing in the UAE for the past 10 years. I have obtained an identity card called Emirates ID here which is issued by the Federal Authority for Identity and Citizenship. Everyone residing in this country should compulsory secure this ID card ,like Aadhar. It helps the authority to keep track of the people who reside here. At the same time, it helps the ID card holder to avail various facilities from the government. But it is not a card granting citizenship."

In short, issuing Aadhar card to a Malaysian in Mangaluru was not an 'anti-national' activity or politically motivated, but a lawful process which has been done in other parts of the country as well.