Waqf in India: Introduction and definition

Definition in India:

The law (Waqf Legislation) in India conceptualizes waqf as ‘the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable.’

 

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Implication of creating a waqf suggests that the said property can never again change hands by inheritance, sale or seizure. 

As per Sachar Committee Report of 2006, there are more than 4.9 lakh registered wakfs in India. The total area under these properties is estimated at about six lac acres.

Types of properties of Wakfs: Apart from agricultural, commercial and residential properties, waqf in India include functional/non-functional mosques, darghās (tomb or shrine of Muslim saint), khanqahās (building or space for Sufi brotherhood) maqbaras (tombs), ashoorkhanās (mourning place for Shias), qabristāns (graveyards), idghās (space to offer Eid Prayer), imam-baras (space for prayers and gatherings for Shias) etc.

Auqāf is meant to create a welfare and just society- a society which does not leave anybody to die hungry and ignorant.

The law for wakf legislation: 

For the better administration of waqf properties in the country, Government of India passed the Waqf Act 1954.

Before it was repealed and replaced by the Waqf Act 1995, the Waqf Act 1954 was amended in 1959, 1964, 1969 and 1984. 

Presently waqf administration in India is governed by the Waqf Act 1995 which was amended by the Waqf (Amendment) Act 2013.

The Waqf Amendment Act 2013 was repealed by Repealing and Amending (Second) Act, 2015. 

It however does not nullify the amendments made by Waqf (Amendment) Act 2013 to Waqf Act 1995. 

Therefore, wherever Waqf Act 1995 is mentioned, it means Waqf Act 1995 as amended by Waqf (Amendment) Act 2013.

Definition and meaning:

Definition as per wakf Act, 1995:

As per Section 3(r) of waqf Act 1995 reads “waqf” means the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable and includes— 

(i) a waqf by user but such waqf shall not cease to be a waqf by reason only of the user having ceased irrespective of the period of such cesser; 

(ii) a Shamlat Patti, Shamlat Deh, Jumla Malkaan or by any other name entered in a revenue record; 

(iii) “grants,” including mashrat-ul-khidmat for any purpose recognized by the Muslim law as pious, religious or charitable; and 

(iv) a waqf-alal-aulad to the extent to which the property is dedicated for any purpose recognized by Muslim law as pious, religious or charitable, provided when the line of succession fails, 

The income of the waqf shall be spent for education, development, welfare and such other purposes as recognized by Muslim law.

Monzer Kahf defined waqf as “holding a Maal (an asset) and preventing its consumption for the purpose of repeatedly extracting its usufruct for the benefit of an objective representing righteousness / philanthropy. (as stated in article “Financing the Development of Awqaf Property,” of The American Journal of Islamic Social Sciences, 16 (Winter 1999): 4, 41.)

Purpose of Wakf:

A per Islamic law a waqf property is permanently dedicated to Allah and is to be used, as specified by the Waqif for permissible purposes. (As per Qazi Mujahidul Islam Qasmi, written in "Auqāf: Ahkam-o-Masa'il")

The theoretical implication of creating a waqf suggests that the said property can never again change hands by inheritance, sale or seizure. (As stated by Gregory C. Kozlowski, in book Muslim Endowments and Society in British India)

 On the issue of ownership, there is consensus of the Ummah that it vests in Allah Almighty and is incapable of human ownership. (As per Qazi Mujahidul Islam Qasmi, written in "Auqāf: Ahkam-o-Masa'il")

Allah is not a physically tangible entity the community, so it is considered to be the actual heir of auqāf (plural of waqf) and through appointed Mutawalli (trustee of waqf) controls its affairs. (as per Hilal Ahmed stated in "Muslim Political Discourse in post-colonial India: Monuments, Memory, Contestations" ).

As per Mohd. Zain bin Haji Othman "When the specified purposes cease, the relief of the poor is the ultimate purpose of every waqf. "

So this is very short introduction of Wakf  in India which is biggest charitable board governed by Government of India and having its own Laws and Acts. Following are the some social questions:

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ROSCOE POUND: 8

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ROSCOE POUND

Roscoe Pound was a dean in Harvard Law School – is known to have been the most influential proponent of the American Sociological jurisprudence. He essentially saw law as a social institution created and designed to satisfy human (individual and social) wants. He agonized over the fact that traditional scholarship focused almost exclusively on the law in the textbooks to the detriment of the law in action. Law in action refers to the law that actually reflects the current behaviour of the people. In other words, he was of the view that the society should be the focal point of law and legal development, that the social mass must be able to influence the law that regulates their behaviour. This approach has the potential to, in the long run, eliminate unjust laws. Essential features of the legal order were the securing and protection of various (often competing) interests in the society. He dwelt much on interests. Pound is considered to be the American leader in the field of sociological jurisprudence.

His main thesis is that the task of law is "social engineering." By social engineering pound means a balance between the competing interest in the society. His legal philosophy is free from all dogmas. He takes a middle way avoiding all exaggerations. He speaks of values but says that they are relative. He emphasises 'engineering' but does not forget the task of maintaining of balance. His approach is experimental. Pound's theory stands on a practical and firm ground and it has inspired great practical field-work. His emphasis on studying the actual working of legal rules in the society, the importance of social research for good saw making and pointing out the great constructive function which the law is to perform are very valuable contributions to jurisprudence. He points out the responsibility of the lawyer, the judge and the jurist and gives a comprehensive picture of the scope and field of the subject. Pound's influence on modern legal thought is great and the study of the subject is being undertaken under the light of his theory.

Criticism or Demerits of Theory of Social Engineering by Roscoe Pound: 7

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Criticism or Demerits of Theory of Social Engineering by Roscoe Pound:

Critics of Roscoe Pound argue that it is difficult to see how the balancing of interests will produce a cohesive society where there are minorities whose interests are irreconcilable with those of the majority. There is a different problem where the substantial proportion of the populace is parochially minded and has little or no sense of nationhood.

However, against the backdrop of the foregoing, Pound failed to tell us if the interests he identified are exhaustive. Moreover, he has not been able to convince us about how conflicts generated by the variety of interests can be resolved. Although he indicated that this can be done by weighing and balancing, he failed to elaborate. When you have to weigh, then certain interests must give way. Although he expected the minimum of interests to be trampled upon, it is still the case that certain interests would be sacrificed. If he adopted the utilitarian theory, then it means minority rights would have a raw deal.

Again, note that ‘civilization’ featured in his analysis of conflict resolution. But this should not imply that those considered to be uncivilised cannot resolve conflicts. Note that if mediation is a yardstick for measuring the level of civilisation, then those said to be uncivilised have been erroneously labelled. This is because in these ‘uncivilised’ societies, conflicts are mediated and controlled by institutional mechanisms.

Demerits of social engineering:

i) Law suffers from rigidity.

ii) It may not change to social needs by changing itself. Thus, it lags behind social changes.

iii) Law is becoming more complex. To meet competing interests more laws are continuously passed often changed and the citizens may not know where they stand.

Thus, even though, the social engineering theory had marked an era of change in modern jurisprudence, it is worth while repeating that Pound seems to have devoted too little attention in developing a mechanism of evaluation for rights. It is submitted by his critics that it would have been preferable had he enlarged on the criteria of evaluating interests instead of developing particular interests.

The above analysis has referred to individual rights, but, when we look to the interests of the individuals in society as a whole, their rights and their conflicting social interests, we find law playing the role of “social engineering”. This aims at maximum fulfilment of the interests of the community and of its members and also to promote the smooth running of the machinery or the society. The architect of this is Roscoe Pound.

Law should be just, but more than that it should be uniform definite certain, known and permanent. This enables a person, to predict what he may get from the courts. Impartiality is the objective of law; publicly declared principles protect the administration of justice. People in Society need not be at the mercy of others. Hence the saying “rule of law is always preferable to rule of men”. Law assures stability and security of social order.

New Interests and Jural Postulates by Roscoe Pound: 6

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New Interests and Jural Postulates by Roscoe Pound:

The recognition of a new interest is a matter of policy. Interests need only be considered as and when they arise in disputes; the matter that is of importance is the way in which they are viewed and evaluated by the particular judge. As society progresses, Pound noted that ‘new interests’ will emerge or evolve. Notice that international human rights law has witnessed the evolution of new generational human rights in addition to the traditional first and second generational rights. Recognition of such new interests would be realised subsequent to their being tested by reference to ‘jural postulates’ of a civilised society. Those postulates embody societal values. Such reference would enable legislators to consider possible modification of values through legislative reforms.

In broad sense they are categorised in three groups.

Jural Postulate-I – In civilized society men must be able to assume that other will commit no intentional aggressions upon them.

Jural Postulate-II - In civilized society men must be able to assume that they may control for beneficial purposes what they have discovered and appropriated to their own use, what they have created by their own labour, and what they have acquired under the existing social and economic orderly.

Jural Postulate-III - In civilized society men must be able to assume-that those with whom they deal in the general intercourse of society will act in good faith.

According to Pound, pursuant to the postulates, the citizens in a civilised society are entitled to assume:

(a) That others will commit no intentional aggression upon them;

(b) That they may control for beneficial purposes what they have discovered, created or acquired;

(c) That promises will be carried out in good faith and that unreasonable and unjust enrichment will be prevented as far as possible;

(d) That persons engaged in a course of conduct will act with due care so as not to create unreasonable risk of injury to others;

(e) That citizens shall be entitled to assume that the burdens incident to social life shall be borne by society; and

(f) That, as a minimum matter, ‘a standard human life’ shall be assured to every citizen.

Classification of Institutions of Law as per Roscoe Pound: 5

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Classification of Institutions of Law as per Roscoe Pound:

Roscoe Pound used ‘social engineering’ as a metaphor. According to him, law is an instrument of social engineering, for balancing competing individual, public and social interests within the society. In doing so, Pound argued that the tools of rules, principles, conceptions and standards must be employed. Pound maintains that one cannot balance an individual interest against a social interest. He classifies the institutions of the law as follows.

1) There are, first, rules, which are precepts attaching definite consequences to definite factual situations.

2) Secondly, there are principles, which are authoritative points of departure for legal reasoning in cases not covered by rules.

3) Thirdly, there are conceptions, which are categories to which types or classes of transactions and situations can be referred and on the basis of which a set of rules, principles or standards becomes applicable.

4) Fourthly, there are doctrines, which are the union of rules, principles and conceptions with regard to particular situations or types of cases in logically independent schemes so that reasoning may proceed on the basis of the scheme and its logical implications.

5) Finally, there are standards prescribing the limits of permissible conduct, which are to be applied according to the circumstances of each case.

Pound assumes that ‘Recognition’ has many gradations, which makes it necessary to specify in what sense an interest is recognised as such. It is not interests as such, but the yardsticks with reference to which they are measured that matter. Whether the proprietary right of a slave-owner is to be upheld or not depends upon whether sanctity of property or sanctity of the person is adopted as the ideal. The choice of an ideal, or even a choice between competing ideals, is a matter of decision, not of balancing.

The ‘weight’ to be attached to an interest will vary according to the ideal that is used. The point is that the whole idea of balancing is subordinate to the ideal that is in view. The march of society is marked by changes in its ideals and standards for measuring interests.

In any case, all questions of interests and ideals should be considered in the context of particular issues as and when they come up for decision. It is for the judge to translate the activity involved in the case before him in terms of an interest and to select the ideal with reference to which the competing interests are to be measured.

Interests as per Roscoe Pound - 4

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Interests as per Roscoe Pound

Roscoe Pound defined interest as: a demand or expectation which human beings either individually or in groups, or associations or relations, seek to satisfy, of which, therefore, the adjustment of human relations and ordering of human behaviour through the force of a politically organized society must take account. Note that legal protection of interest is usually expressed by conferring the status of a legal right on it. He identified and classified interests into three groups – individual interests, public interests, and social interests. Pound says that interests are the chief subject-matter of law. The main public interest according to him is the interest of the state as a juristic person and secondly interest of the state as the guardian of social interest. These interests are protected by law.

Individual Interests. Individual interests are ‘demands or claims or desires involved in or regarded from the standpoint of the individual life.’ They concern:

1) Personality. This includes interests in (a) the physical person, (b) freedom of will, (c) honour and reputation, (d) privacy, and (e) belief and opinion.

2) Domestic relations. It is important to distinguish between the interest of individuals in domestic relationships and that of society in such institutions as family and marriage. Individual interests include those of (a) parents, (b) children, (c) husbands, and (d) wives.

3) Interest of substance. This includes interests of (a) property, (b) freedom of industry and contract, (c) promised advantages, (d) advantageous relations with others, (e) freedom of association, and (f) continuity of employment.

Public Interests. Public interests are ‘demands or desires involved in or looked at from the viewpoint of life in a politically organised society, asserted in title of political life.’ These are claims or demands or desires asserted by individuals in title of a politically organised society which are mainly of two types:

1) Interests of the state as a juristic person. These, include (a) the integrity, freedom of action and honour of the state’s personality, and (b) claims of the politically organised society as a corporation to property acquired and held for corporate purposes.

2) Interests of the state as guardian of social interests. This concept is explained in the next major category.

Social Interests. Social interests are those ‘wider demands or desires involved in or looked at from the standpoint of social life in civilised society and asserted in title of social life.’ Such social interests enumerated by Pound are many. These are claims or demands or desires, even some of the foregoing in other aspects, thought of in terms of social life and generalised as claims of the social group and include:

1) Social interest in the general security- This is the claim of the civilised society to be secured against those forms of action and courses of conduct which threaten its existence which relate to (a) general safety, (b) general health, (c) peace and order, (d) security of acquisitions, and (e) security of transactions.

2) Social interest in the security of social institutions. This is the claim of the civilised society that its fundamental institutions be secured from factors which threaten their existence or impair their efficient functioning and comprises of (a) domestic institutions, (b) religious institutions, (c) political institutions, and (d) economic institutions.

3) Social interest in general morals. This is for civilised society to be secured against factors offensive to the moral sentiments of it and conveys a variety of laws, for example, those dealing with prostitution, drunkenness and gambling.

4) Social interest in the conservation of social resources. This is the claim of the civilised society that the goods of existence shall not be wasted and covers (a) conservation of natural resources, and (b) conservation of human resources.

5) Social interest in general progress- This is the claim of the civilised society that the goods of existence shall not be wasted; which has three aspects;

a) Economic progress, which covers (i) freedom of use and sale of property, (ii) free trade, (iii) free industry, and (iv) encouragement of invention by the grant of patents.

b) Political progress, which covers (i) free speech, and (ii) free associations; and

c) cultural progress, which covers (i) free science, (ii) free letters, (iii) free arts, (iv) promotion of education and learning, and (v) aesthetics.

6) Social interest in individual life. This is the claim or of the civilised society that each individual be able to live a human life therein according to the standards of the society and involves (a) self-assertion, (b) opportunity, and (c) conditions of life.

With this array of interests in a society, it is only a matter of course that contention, conflicts and controversies will arise. According to Pound law is really about reconciling, harmonising, or compromising these conflicting interests either through securing them directly and immediately or through securing certain individual interests so as to give effect to the greatest number of interests, or to the interests that weigh most in our civilisation with the least sacrifice of other interests. All he appeared to be saying is if all the interests cannot be enforced then most of the interests should be enforced. Alternatively, certain interests must be prioritized over others and enforced with minimal collateral damage to other non-priority interests. Pound was of the opinion that the concern of the law is to satisfy as many interests as possible and to resolve any conflicts amongst the categories of interests he had identified.

Sociological jurisprudence according to Pound: 3

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Sociological jurisprudence according to Pound:

Sociological jurisprudence, according to Pound, should ensure that the making, interpretation and application of laws take account of social facts. Towards achieving this end there should be;

a. A factual study of the social effects of legal administration,

b. Social investigations as preliminaries to legislation,

c. A constant study of the means for making laws more effective, which involves,

d. The study, both psychological and philosophical, of the judicial method,

e. A sociological study of legal history,

f. Allowance for the possibility of a just and reasonable solution of individual cases,

g. A ministry of justice in English-speaking countries, and

h. The achievement of the purposes of the various laws.

So in order to achieve the purposes of the legal order, in the words of Pound, there has to be;

a. A recognition of certain interests, individual, public and social,

b. A definition of the limits within which such interests will be legally recognised and given effect to, and

c. The securing of those interests within the limits as defined.

When determining the scope and subject-matter of the system, the following five things require to be done;

i. Preparation of an inventory of interests, classifying them;

ii. Selection of the interests which should be legally recognised;

iii. Demarcation of the limits of securing the interests so selected;

iv. Consideration of the means whereby laws might secure the interests when these have been acknowledged and delimited; and

v. Evolution of the principles of valuation of the interests.

The Task of Law is Social Engineering : 2

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The Task of Law is Social Engineering - Pound’s main thesis is that the task of law is ‘social engineering’, He says - “For the purpose of understanding the law of today, I am content with a picture of satisfying as much of the whole body of human wants as we may with the least sacrifice. I am content to think of law as a social institution to satisfy social wants, the claims and demands involved in the existence of civilized society - by giving effect to as much as we may with least sacrifice, so far as such wants may be satisfied or such claims given effect to by an ordering of human conduct through politically organized Society.

By ‘social engineering’ Pound means a balance between the competing interests in society. He entrusts the jurist with a commission. He lays down a method which a jurist should follow for ‘social engineering’. He should ‘study the actual social effects of legal institution and legal doctrines, study the means of making legal rules effective, sociological study in preparation of law-making, study of judicial method, a sociological legal history and the importance of reasonable and just solutions of individual cases.’ He himself enumerates the various interests which are to be protected by the law. He classifies them under three heads - Private interests, Public interest and Social interests. Pound linked the task of the lawyer to engineering, an analogy which he used repeatedly. The aim of social engineering is to build as efficient a structure of society as possible, which requires the satisfaction of the maximum of wants with the minimum of friction and waste. It involves the balancing of competing interests.

Roscoe Pound and the Social Engineering Theory:1

Social Engineering: 

In America, the law school and the jurist enjoy a status superior to that of their counterparts in Great Britain. These factors have combined to produce an American movement in sociological jurisprudence lead by Roscoe Pound of the Harvard Law School. “The aim of Social Engineering is to build an efficient structure of the society as far as possible which involves the balancing of competing interests.” said Pound.

Functional approach to Law:

Pound’s approach was for a functional approach to law. Also, his approach harmonizes with that of the utilitarian school which propounds the greatest happiness of the greatest number of people. All he was mostly concerned about was the need for the legal order to influence societal needs so that the law would not appear foreign or alien to the people. He was, therefore, desirous of bridging the gap between the law in textbooks and the law in action.

In any case, lists of interests are only the products of personal opinion. Different writers have presented them differently. As Pound himself says, in most cases it is preferable to transfer individual interests on to the plane of social interests when considering them. It is the ideal with reference to which any interest is considered that matters, not so much the interest itself.

Pound concentrates more on the functional aspect of law, that is why some writers name his approach as ‘functional school’. For Pound, the law is an ordering of conduct so as to make the goods of existence and the means of satisfying claims go round as far as possible with the least friction and waste. According to him, the end of law should be to satisfy a maximum of wants with a minimum of friction.

Short Q n A: High voltage AC circuit breakers - 1

1. What are circuit breakers?

Answer. Circuit breakers are atomatic switches.

2. What is the function of circuit breakers?

Answer. prediction of the power system circuit or power supply circuit  or electrical equipment.

3. Which thing can be done by a circuit breaker?

Answer. Circuit breakers can interrupt fault currents.

4. What is pole?

Answer. The part of circuit breaker connected in one phase is called the pole.

5. What are single pole and triple pole circuit breakers?

Answer. single pole circuit breaker is suitable for single phase system triple pole circuit breaker is suitable for 3-phase system.

Inter Alia

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1.    Inter Alia is a Latin phrase for "among other things."

2.    The phrase inter alia is used in sentences in place of the phrase “among other things,” to indicate that what is being discussed is just one of a number of items or possibilities.

3.    You use inter alia, meaning 'among other things', when you want to say that there are other things involved apart from the one you are mentioning.

4.    This phrase is often found in legal pleadings and writings to specify one example out of many possibilities. Example: "The judge said, inter alia, that the time to file the action had passed."

5.    This phrase is used in Pleading to designate that a particular statute set out therein is only a part of the statute that is relevant to the facts of the lawsuit and not the entire statute.

6.    Inter alia is also used when reporting court decisions to indicate that there were other rulings made by the court but only a particular holding of the case is cited.

7.    It is used to indicate that something is one out of a number of possibilities. For example, "he filed suit against respondents in state court, alleging, inter alia, a breach of contract."

8.    It was very firstly used in 1665.

Short Q & A: Big data ecosystem.

Hello law knowledge seekers. In this blog again there are short Q and A for you based on data protection.

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Q. Enlist parts of Big Data Ecosystem?

Ans. Other technological developments such as artificial intelligence, machine learning, the Internet of Things are all part of the Big Data ecosystem and their use is becoming increasingly commonplace.

Q. What are the two different models of the data protection?

Ans. 1) European Union (EU) model and 2) American Marketplace Model

Q. What are the tree main perspectives of Data protection?

Ans. Protection of personal data -

1. Everyone has the right to the protection of personal data concerning him or her.

2. Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified.

3. Compliance with these rules shall be subject to control by an independent authority.

Q. What is main base of EU model?

Ans. The EU model or European Union Model of Data protection is completely based on the principle that right to privacy and right to protection of personal data are fundamental rights recognised by Article 765 and Article 866 of European charter of Fundamental Rights (EU charter).

Q. Enlist the sensitive personal data?

Ans. racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, and data concerning health and sex life etc. are sensitive personal data and should be collected in limit.

Q. Which principles must be complied for lawful and fair processing of personal data by an entity?

Ans. For processing to be lawful and fair, the entity collecting personal data must comply with an extensive range of principles such as that of purpose specification, data minimisation, data quality, security safeguards, etc.

Q. What are the individual participation rights guaranteed under law?

Ans. a) the right to confirm if data about oneself is being collected, b) the right to access data, c) the right to rectification of data, d) the right to data portability, e) the right to restrict processing, f) the right to erasure, g) the right to object to processing, h) the right to object to processing for the purpose of direct marketing, i) the right to object to automated decisions.

Q. What is the base of United States privacy policy?

Ans. In United States, privacy protection is essentially a liberty protection i.e. protection of the personal space from government.

Q. What are two trends in US model of data protection?

Ans. The US approach to data protection thus has two discernible trends— stringent norms for government processing of personal information; and notice and choice based models for private sector data processing.

Thanks for reading. On which subject you want notes - please comment. For more law notes please follow and share this blog.

Short Q & A: OECD

Hello law professionals and legal knowledge seekers. In this blog I am sharing some short Q & A about FIPPS and OECD. Both of them are the base of data protection law and information technology law across the globe.

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Q. Enlist important FIPPS?

Ans. The FIPPS are as follows:

1. There must be no personal-data record-keeping systems whose very existence is secret.

2. There must be a way for an individual, to find out what information about him is in a record and how it is used.

3. There must be a way for an individual to prevent information about him obtained for one purpose from being used or made available for other purposes without his consent.

4. There must be a way for an individual to correct or amend a record of identifiable information about him.

Q. What is OECD?

Ans. Organisation for Economic Cooperation and Development who followed FIPPS in 1980s to create Privacy guidelines known as OECD guidelines.

Q. What is intention of OECD guidelines?

Ans. The OECD Guidelines were significantly inspired by the FIPPS and were intended to provide a framework for harmonising national privacy legislations amongst OECD members, while upholding human rights, and preventing interruptions in international flows of data.

Q. What is the base of data protection framework around the world?

Ans. The OECD guidelines are the base of any data protection framework around the world and are deemed to be the first internationally agreed upon statement of core information privacy principles.

Q. When did OECD guidelines updated?

Ans. OECD guidelines were updated in 2013 so that it handles the excessive use of personal data.

Q. What are the core privacy principles in 2013 OECD guidelines?

Ans. The 2013 OECD Guidelines keep the core privacy principles such as collection limitation, data quality and purpose specification etc. intact, several new elements to strengthen data safeguards have been introduced. These include: privacy management programs to enhance accountability of the data controller, data security breach notification which oblige data controllers to.

Q. What are the characteristics of Big Data?

Ans. Big Data is usually characterised by 3 Vs, namely 1) volume as in massive datasets, 2) velocity which relates to real time data, and 3) variety which relates to different sources of data.

Thanks for reading. Please comment the subject on which you want notes. Kindly share and follow this blog for more such law notes.

Short Q & A: Aadhaar Act

Here are some short Q and A on Aadhaar Act.

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Q. What is full name of Aadhaar Act?

Ans. The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 (Aadhaar Act)

Q. What is purpose of Aadhaar Act?

Ans. The Aadhaar Act enables the Government to collect identity information from citizens including their biometrics, issue a unique identification number or an Aadhaar Number on the basis of such biometric information, and thereafter provide targeted delivery of subsidies, benefits and services to them.

Q. What is Aadhaar based authentication?

Ans. The Aadhaar Act also provides for Aadhaar based authentication services wherein a requesting entity (government / public and private entities / agencies) can request the Unique Identification Authority of India (UIDAI) to verify / validate the correctness of the identity information submitted by individuals to be able to extend services to them.

Q. Which type of consent is required in Aadhaar based authentication?

Ans. For Aadhaar Based Authentication the requesting entity is required to obtain the consent of the individual before obtaining his / her identity information for the purpose of authentication and must use his / her identity information only for the purpose of authentication.

Q. Which authority is established by Aadhaar Act?

Ans. The Aadhaar Act establishes an authority, namely, the UIDAI, which is responsible for the administration of the said Act.

Q. Which database is governed by Aadhaar Act?

Ans. It also establishes a Central Identities Data Repository (CIDR) which is a database holding Aadhaar Numbers and corresponding demographic and biometric information.

Thanks for reading till the end. Please share this blog and follow it for more law notes. Please comment the subject on which you want notes below.

Short Q & A: Privacy

Hello my law professionals and law knowledge seekers. This is short Q & A collection on Privacy law. Privacy is deeply related to data protection.

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Q. Does data protection affects all types of privacy?

Ans. Basically data protection is linked with informational privacy but also indirectly has impact on decisional privacy and physical privacy.

Q. How information privacy is a freedom to an individual?

Ans. Informational privacy is often understood as the freedom of individuals ―to determine for themselves when, how, and to what extent information about them is communicated to others and this freedom allows for individuals to protect themselves from harm.

Q. What is a key difference between defamation law and privacy law?

Ans. Laws on defamation generally prohibit disclosure of personal information only if it is false. Privacy, on the other hand, would even protect against disclosure of truthful personal information.

Q. What is a subjective harm to an individual?

Ans. A subjective harm is one where an individual has not actually suffered any tangible loss but anticipates such loss after personal information is collected. The uncertainty, anxiety and fear of potential observation are the identified harms in this situation.

Q. What is an objective harm to an individual?

Ans. Objective harms are separately identified when the use of one’s personal information actually results in some damage, whether through loss of reputation or through some other change in the treatment of the individual by society. Data protection must account for both these kinds of harms which arise as a result of unregulated collection and use of personal information.

Q. Which committee initialised the data protection need in United States?

Ans. Advisory Committee in the Department of Health, Education and Welfare (HEW Committee) of United States examined the various legal and technological issues raised vis-a-vis increasingly automated processing of data during 1970s.

Q. Name the landmark report of HEW committee of United States?

Ans. Records, Computers and the Rights of Citizens: Report of the Secretary’s Advisory Committee on Automated Personal Data Systems

Q. What are FIPPS?

Ans. The HEW committee’s report suggested Code of Fair Information Practices based on Fair Information Practices Principles (FIPPS). The FIPPS are a set of principles which prescribe how data should be handled, stored and managed to maintain fairness, privacy and security in a rapidly growing global technology environment. FIPPS are now deemed to be the bedrock of modern data protection laws across the world.

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