Mangaluru: Aadhar card issued to Malaysian legal, no politics involved


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.

  

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Comment on this article

  • PAWAN HITENDRA KHATRI, Mumbai

    Thu, Apr 29 2021

    It was quite good of you to write on “Aadhar card for Malaysian people”. I really appreciate your work. It was a very informative article. I am just amazed after reading this article. Just want to add some of the more points from Mecitizen:- https://mecitizen.in/e-service/aadhar-card

    DisAgree Agree Reply Report Abuse

  • A.QUADROS, Kundapur

    Thu, Feb 22 2018

    I know a case of a young Adivasi woman from the state of Assam, who has come to Karnataka for work and now she is working as a domestic help in a house. This lady absolutely has now identity of her own in any form, she is illiterate cannot even read or write any alphabets in any language worst still she does not ever know who her parents are. it looks she was left alone to fend for herself right from a small age. She has been living in Karnataka for the last ten years in the same place where she is employed and never been to Assam for the reason- she has no one of her own. She was denied to open a bank account for not having any id proof nor she can avail any benefits from the country has to offer.
    The other day her employers went to a adhar card center to make an adhar card for herself vouching themselves as her care takers. The staff there simply turned her down saying she has to produce some form of identity to process her application.
    I am sure there may be thousands of people of that nature in our country, what is their fate. What do you call them as illegal citizens or refugees. ?
    Can some knowledgeable person well versed with Adhar card law throw some light to help such helpless individuals.

    DisAgree [2] Agree [1] Reply Report Abuse

  • Jembar Bappu, Bajpe

    Wed, Jan 31 2018

    Thanks you very much daiji for detailed report on this issue . You are the first press media clarified the issue .Always greatful to you ...

    One of our leading Kannada news paper misguided the public on this issue. The motive is to malign somebody for nothing . It’s sad to see where our media is heading . Time has come to boycott this news paper .otherwise we will be rided on free of cost !!!!

    DisAgree [3] Agree [16] Reply Report Abuse

  • roy pinto, mangalore

    Wed, Jan 31 2018

    thank god Aadhar card issued to Malaysian ,
    if its was issued for Pakistani then film would have been different.

    DisAgree [3] Agree [25] Reply Report Abuse

  • Rampanna, Udupi

    Thu, Feb 01 2018

    Mr. Pinto,

    I will make your life (and the film) interesting.

    There are 1000’s of Pakistanis / Afghanis / Bangladeshis / UN Refugees / Tibetans who are legally residing in India and have been granted an Aadhaar card. There is nothing illegal about it.

    If you find it hard to believe, please make an RTI application to the Aadhaar authority and ask if a Pakistani / Afghani / Bangladeshi / UN Refugee / Tibetan could secure an Aadhaar card by using their passport (or an equivalent ID document) in support of their identity and furnish proof of legal residence in India. Within 30 days you would get the reply within an emphatic “YES”.

    Please remember that foreign citizens residing legally in India are in fact “residents” of India under the Aadhaar Act 2016 and the legislation does not make any special provision for Pakistani’s per-se. As you would already be aware that all resident bank accounts / SIM cards / PAN cards need to be authenticated by an Aadhaar number. How do you expect any foreigner (including a Pakistani) working or studying in India to lead a normal life without holding an Aadhaar?

    The diplomatic passport holders of a foreign country work under totally different set of rules than the normal passport holders. So, I am not sure how Aadhaar Act interacts with this small category of people.

    Irrespective of the above arguments, may I ask you as to what is so special about a Pakistani being able to secure an Aadhaar card? I know the history of Indo-Pak relationship and I am fully aware that the State of Pakistan’s foundation is built on an anti-India platform. But why so much hatred towards a Pakistani? Anyone who has worked in the Gulf or UK/Canada/US would have surely met many Pakistani families. Are they any different from rest of us? Don’t they worry about job/housing/child education just like rest of us?

    DisAgree [6] Agree [14] Reply Report Abuse

  • T. K., Mangalore

    Thu, Feb 01 2018

    Rampanna,

    Why do you waste your time writing such detailed comments? Do you think people read it, forget appreciating it.

    DisAgree [8] Agree [8] Reply Report Abuse

  • Monu, Mangalore

    Thu, Feb 01 2018

    you may worked in the gulf, but never been to kashmir ,isnt it?
    see what the pakistanis are doing there?then ask why indians hate oakistanis.
    you forgot about the mumbai terrorist attacks? and so many others?

    DisAgree [1] Agree [11] Reply Report Abuse

  • PMB, USA

    Wed, Jan 31 2018

    What's the big deal? USA too gives out their identity card - SSN to folks who work there temporarily.

    DisAgree [2] Agree [17] Reply Report Abuse

  • Paul dsouza, Balakunje

    Wed, Jan 31 2018

    WE WANT AADHAR CARD TO BE LINKED WITH VOTING CARD. IN LACKS OF BANGLADESH REFUGEES INSIDE ENTERED INDIA WITH THE HELP AND PLANS OF POLITICIANS WHO.MADE INDIAN VOTING CARDS. GOD. SAVE MY COUNTRY.

    DisAgree Agree [17] Reply Report Abuse

  • Swamy, Mangalore

    Wed, Jan 31 2018

    Is there a provision in the card to sate the nationality of the person holding Aadhar card????.

    DisAgree [3] Agree [13] Reply Report Abuse

  • Subhash Pai, Mangalore

    Wed, Jan 31 2018

    Tuglaq rule.. Orange passport Yes/No, Adhar Card Ye/No, 2019 Yes/No, Beef eating Yes/No. Foreign tours only YES/YES without any result.

    DisAgree [6] Agree [29] Reply Report Abuse

  • JK, southkanara

    Wed, Jan 31 2018

    Initially we thought Adhaar is a unique Identification only for Indian citizens and there by linked to PAN Card and all records are updated both private and govt.purpose... but not, there is no clear cut point and why adhaar is required and to whom it is to be issued... For all foreignors there should be some method to identify them in India ... so that there is no confusion...

    DisAgree Agree [11] Reply Report Abuse

  • Praveen, Udupi

    Wed, Jan 31 2018

    When Modi Govt gives Adhar Card to Cows why not Malysian Citizens get Adhar card in India.

    DisAgree [11] Agree [45] Reply Report Abuse

  • Lonewolf, Mangalore

    Wed, Jan 31 2018

    Hoh Jian Meng must be wondering what the fuss is all about . . . .

    DisAgree [3] Agree [25] Reply Report Abuse

  • Nagesh Kumar, Mangalore/Dubai.

    Wed, Jan 31 2018

    Good day to all - This is called Indian government political rules and regulations all behind money power.

    DisAgree [1] Agree [21] Reply Report Abuse

  • Shettigar, Udupi/Dubai

    Wed, Jan 31 2018

    Being good citizens of India, shouldn't we encourage other nationalities welcome to our country which will in turn improve the relations between the duo nations, be it any nation for that matter. Udu

    Why always keep cribbing over such silly things and pull on and create a scene. Udupi/Mangalore has got one of the best institutions to study and thats the reason students fly in for better prospects.

    There seems no fault in issuing Adhar card since his existence has been valid as per the rules. So why do people want to mount up issues?

    People, pls be peaceful and allow to be peaceful.

    DisAgree [5] Agree [15] Reply Report Abuse

  • Ivar, Mangalore

    Wed, Jan 31 2018

    The first comment on this article by J. Sequeira explains it all why the Malaysian should not get an Adhaar card.

    DisAgree [4] Agree [1] Reply Report Abuse

  • Ivar, Mangalore

    Wed, Jan 31 2018

    The first comment on this article by J. Sequeira explains it all why the Malaysian should not get an Adhaar card.

    DisAgree Agree [2] Reply Report Abuse

  • Vivek, Hirebyle / Abu dhabi

    Wed, Jan 31 2018

    i DOUBT ...Manglore is a Land of Educated People....

    DisAgree [1] Agree [11] Reply Report Abuse

  • Jenifer, Mangalore

    Thu, Feb 01 2018

    Vivek,

    What is your implication : (1) Adhaar is issued by Mangalore's common people (2) Its a waste of time to engage in discussing matters such as Adhaar being issued to foreigners (that people have no other job) ?

    Nevertheless, if your doubt proved right, you would not have seen people (in Mangalore) reaching to the level of typing a communication in English on the website.

    DisAgree Agree [1] Reply Report Abuse

  • RAMNAIK, mangalore

    Wed, Jan 31 2018

    I DONT WANT ANY AMOUNT WHICH IS FREE I HAVE GOOD HEALTH I CAN WORK
    SOME PEOPLES CAN EAT COW DUNG IF IT IS FREE

    DisAgree [5] Agree [12] Reply Report Abuse

  • M.M.MANGALORE, MANGALORE

    Wed, Jan 31 2018

    ಆಧಾರ್ ಕಾರ್ಡ್ ಒಂದು ಒಳ್ಳೆಯ ಯೋಜನೆ ಆಗಿತ್ತು. ಈಗ ಅದು ಎಲ್ಲರಿಗೂ ತಲೆನೋವಾಗಿ ಪರಿಣಮಿಸಿದೆ.
    ಹೊಸ ಕಾರ್ಡ್ ಮಾಡಿಸಲು ಅಥವಾ ತಿದ್ದುಪಡಿ ಮಾಡಲು ನೆಮ್ಮದಿ ಕೇಂದ್ರದಲ್ಲಿ 3 ತಿಂಗಳಿನಿಂದ 6 ತಿಂಗಳವರೆಗೆ ಕಾಯಬೇಕಾಗುತ್ತದೆ. ನೆಮ್ಮದಿ ಕೇಂದ್ರದಲ್ಲಿ ಇದಕ್ಕೆ ಕೂಪನ್ ವ್ಯವಸ್ಥೆ ಮಾಡಿದ್ದಾರೆ.ಆದರೆ,ಇಲ್ಲೂ ಸಹಾಯ ಮಾಡುವವರಿದ್ದಾರೆ.
    ಅಂದ್ರೆ ಅದೇ ನೆಮ್ಮದಿ ಕೇಂದ್ರದಲ್ಲಿ ಕೆಲಸಮಾಡುವವರು ಹೊರಗೆ ಬಂದು ಭ್ರಷ್ಟಾಚಾರದ ವಿರುದ್ಧ ಮಾತಾಡುವವರು, ಕೇಂದ್ರದ ಒಳಗೆ ಕೂತುಕೊಂಡು ಜನಸಾಮಾನ್ಯರಿಗೆ ಕೂಪನ್ ಕೊಟ್ಟು ತಮಗೆ ಬೇಕಾದವರಿಗೆ ತಕ್ಷಣ ಮಾಡಿ ಕೊಡುತ್ತಾರೆ. ಹೇಗೆ ಈಗಿನ ಕೇಂದ್ರ ಸರಕಾರ ಜನಸಾಮನ್ಯರನ್ನು ಮೂರ್ಖ ಮಾಡುತ್ತದೆ ಹಾಗೆಯೇ ಇಲ್ಲೂ ನಮ್ಮನ್ನು ಮೂರ್ಖರನ್ನಾಗಿ ಮಾಡುತ್ತಾರೆ. ಇದು
    ನನ್ನ ಸ್ವಂತ ಅನುಭವ.

    DisAgree [5] Agree [33] Reply Report Abuse

  • Ramesh S, MANGALORE

    Wed, Jan 31 2018

    ..well the way clarification pouring, no secret which party politician would have called the security person to allow in..by the way, AADHAR conceived by Congress spending billions then why they created such as mess..if it had so much loopholes , ten years not enough to rectify it!!.. whenever MODI tries to ammed/provide legal status then Congress starts to protest..

    DisAgree [23] Agree [8] Reply Report Abuse

  • Anil Wilson Rodrigues, Mangalore

    Wed, Jan 31 2018

    Rameshanna, May be the ADHAR card was started by UPA, but since 4 years who is running he govt. If there is any loophole in the system then why current govt cant rectify it? instead of demonetization, change of the currency , Change in passport why cant they rectify or improvise the current system?

    DisAgree [1] Agree [4] Reply Report Abuse

  • ad, mangaluru

    Wed, Jan 31 2018

    How about issuing Aadhaar cards to cows so that the Modi government can keep track of cows, so that they can monitor the cows being butchered?

    DisAgree [10] Agree [58] Reply Report Abuse

  • RAMNAIK, mangalore

    Wed, Jan 31 2018

    ADHAR CARD IS STARTED BY UPA AND AT PRESENT MODI/NDA GOVERNMENT ISSUED ADHAR CARD TO COWS AND BUFFALOES AND INCIDENTALLY THEY ARE WORKING FOR CONGRESS!!

    DisAgree [18] Agree [27] Reply Report Abuse

  • narayan, Al khobar

    Wed, Jan 31 2018

    RAMNAIK.... will your government give 15 laks to cow??

    DisAgree [7] Agree [44] Reply Report Abuse

  • Diva, MANGALURU

    Wed, Jan 31 2018

    Bheek maangnaa aapka aadath hogaya.
    kaam karo paisa kamaavo

    DisAgree [19] Agree [20] Report Abuse

  • Clifford Fernandes, Toronto

    Wed, Jan 31 2018

    Diva, Mangalore

    It is not bheek, but, is the rightful amount of tax payers money taken out by black marketeers, politicians and others, which BJP promised to bring back and distribute to rightful owners, that are citizens. That is one of the promises that brought them to power.

    My brother has received 10 acre agricultural land by Indira Gandhi scheme and now in Mumbai, lakhs of slum dwellers receive apartments or money ranging from 50 lakhs to some crores in lieu of this, under slum rehabilitation scheme. Please advise us what people should do, or you call that too bheek ?

    DisAgree [1] Agree [19] Report Abuse

  • Rampanna, Udupi

    Wed, Jan 31 2018

    Why is everyone so critical about a foreign citizen obtaining an Aadhaar card is beyond my understanding. This guy is in India on a student visa and hence he is a legal “resident” of India once he completes 182 days here. He is entitled to an Aadhaar card. FULL STOP.

    What is an Aadhaar card?? It is an identity document that proves that Mr. X is Mr. X wherever he uses his fingerprint or iris as authentication. Aadhaar card is perhaps THE ONLY document in India that is 99.9999% personal to its holder since no other document captures the biometrics of each individual the way Aadhaar does.

    Many people have commented that once he secures an Aadhaar, he could easily get a PAN card and an Indian passport. With regards to PAN card, what is the problem? PAN card does not entitle any benefit from India’s public funds to its holder. So, what is the legal or moral argument against it?
    With regards to passport, Aadhaar is NOT a valid proof of person’s citizenship. Further, the applicant to an India passport has to prove his citizenship in accordance with the Indian Citizenship Act 1955.

    Irrespective of the above argument, does anyone in this forum think that the issue of duplicate PANs and grant of ineligible passports arose only after Aadhaar cards begun to be issued in India? Is Aadhaar responsible for the menace of duplicate PANs/ ineligible passports? On the contrary, Aadhaar has in fact significantly reduced the number of bogus beneficiaries of recipients of Government benefits.

    Many of them have also commented that Aadhaar card should also distinguish between Indian and foreign citizens. WHY??? What for?

    DisAgree [5] Agree [17] Reply Report Abuse

  • Pavithra kumar, Mangaluru

    Wed, Jan 31 2018

    Mr. Rampanna,

    Adhar is one of the prime document now to avail passport.It can be used as address proof as well identity proof.Since there is no where mentioned about the Nationality..it is ease to get the passport.
    kindly check the AIDA website .

    DisAgree [3] Agree [10] Reply Report Abuse

  • Rampanna, Udupi

    Wed, Jan 31 2018

    If the passport office is accepting Aadhaar card as a valid proof of citizenship, then blame the passport office and not the Aadhaar authority.

    DisAgree [1] Agree [12] Reply Report Abuse

  • Pavithra kumar, mangalore

    Wed, Jan 31 2018

    All these documents can be used vice versa.For other nationals,It is good to have at least defferent format/code with subtle color in background, which can be easily known to anybody while doing any kind of transactions.

    After a while if they move back to their nation??i believe for the security issues we need to track them,their visa validity etc & system should be there to update in specific period as similar to driver licences. If not this will no longer validated and cancelled.
    For an example we here had different kind of Ration cards.why??
    Why this Adhara enrollment application form doesn't have this basic question?
    Indeed i am not against the Adhar,expressing the loopholes which lead to serious threats in future.

    DisAgree Agree [7] Reply Report Abuse

  • David Pais, Mangalore

    Wed, Jan 31 2018

    mo aadhar cards to cows & rats.

    DisAgree [2] Agree [16] Reply Report Abuse

  • Austin R.J. Peres, MANGALURU

    Wed, Jan 31 2018

    Hats of to Daijiworld for bringing out this detailed clarification and putting to rest the confusion and doubts created in the minds of the public . Now it is clear why there is a hue and cry against Aadhar which the Govt intends to make compulsory for linking to several services.

    DisAgree [2] Agree [14] Reply Report Abuse

  • Vincent Rodrigues, Bengaluru/Katapadi

    Wed, Jan 31 2018

    Aadhar card is issued to register the identity of being Indian and not for others

    DisAgree [5] Agree [10] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Wed, Jan 31 2018

    If Monkeys are asked to manage Aadhar Card ...

    DisAgree [9] Agree [38] Reply Report Abuse

  • Jagdish, Mumbai, UAE

    Wed, Jan 31 2018

    We all are monkeys without tail............. LOL under this Govt.

    DisAgree [19] Agree [16] Reply Report Abuse

  • Praveen, Mangalore

    Wed, Jan 31 2018

    So when and if the Bander Janata Party (bjp) government comes you will have a tail. Waah manganakul marrey!

    DisAgree [7] Agree [16] Reply Report Abuse

  • sandeep Kotian, Chikmagalur/Muscat

    Wed, Jan 31 2018

    Jagdish, you said it right, under central Govt. ( pakoda )

    DisAgree [4] Agree [17] Reply Report Abuse

  • Santan Mascarenhas, Kinnigoli/Mumbai

    Wed, Jan 31 2018

    Under income tax act, a resident or non resident in India is based on period of stay. But, under foreign exchange act, a person becomes resident or non resident by the purpose of stay. Hence, a student or one who is outside the country not on employment, even for 1 or 2 years does not become NRI by foreign exchange act, but becomes NRI by staying more than 182 days outside India between April 1 to March 31, by income tax act.

    Some foreign nationals in India, by virtue of their trade or employment and residency, may become liable for income tax. Now income tax return filing, one requires an Aadhar card.

    However, the govt should issue an aadhar card to a foreigner by a different color or by mentioning he is a foreigner.

    DisAgree Agree [14] Reply Report Abuse

  • Indian, Bangalore

    Wed, Jan 31 2018

    People unnecessarily criticize Modi Govt being anti-immigrant. I am sure all those critics will shut their mouth now.

    DisAgree [15] Agree [15] Reply Report Abuse

  • Arun, Calicut

    Wed, Jan 31 2018

    But once an individual gets an Aadhaar card they can apply for PAN and Passport too amongst many other official Govt identities.

    DisAgree [7] Agree [17] Reply Report Abuse

  • Joel Fernandes, Bangalore

    Wed, Jan 31 2018

    Dear Arun, PAN is mandatory for every foreigner who is in India on a work visa as they are also liable to pay taxes to the Indian government.
    People were also blaming unnecessarily MR. J.R Lobo who is(only one elected person who i see) working really hard to develop Mangalore. Please understand the laws before blaming some one.

    DisAgree [2] Agree [24] Reply Report Abuse

  • J. Sequeira, Mangalore

    Wed, Jan 31 2018

    Dont want to get into a debate on what is written but only want to make it clear that identity cards issued in the gulf countries are totally different for its citizens and for its expatriate/foreign residents. Aadhar Card doesn't show this difference on the card for immediate identification of the individual.

    DisAgree [1] Agree [47] Reply Report Abuse


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Title: Mangaluru: Aadhar card issued to Malaysian legal, no politics involved



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