On July 4, the Lok Sabha passed the Aadhaar and Other Laws (Amendment) Bill, 2019 and the Upper House passed the Indian Medical Council (Amendment) Bill, 2019, cleared by the Lok Sabha on July 2.
Health Minister Dr. Harsh Vardhan is replying to the discussion. Says the BoG proposes to institutionalise ethics instruction in medical education.
Point of order raised. A member is reading from paper and thereby wasting time of the House. Minister says he has the right to make a long submission as he listened to all the speakers. Chair reminds Dr. Vardhan that he should conclude now. Minister seeks to turn the table on the Opposition saying he would cut short his speech as members want to go early. He says computerisation of all records has eliminated corruption. Concludes with praise on Mr. Modi.
The Bill is put to vote. Motion adopted by voice vote.
Now time for clause by clause consideration and amendments.
One amendment moved by Santanu Sen and amendments moved by Benoy Viswam and Som Prasad negatived.
After clause by clause approval, Rajya Sabha passes the Indian Medical Council (Amendment) Bill, 2019.
Message from Lok Sabha on the passage of Aadhaar and Other Laws (Amendment) Bill, 2019.
Special mentions. Chair asks members to read the title.
House is adjourned till the conclusion of the budget speech of the Finance Minister in the Lok Sabha tomorrow.
Duration of Parliament proceedings extended.
Mr. Premachandran seeks assurance from Mr. Prasad if the Data Protection Programme will be passed. Mr. Prasad says citizens' privacy is already protected by the Aadhaar Bill. The Data Protection programme is a work in progress and will be brought, he adds.
The House passes the Aadhaar and Other Laws (Amendment) Bill.
The House is adjourned till 11 am on July 5, 2019.
The Rajya Sabha is discussing the Indian Medical Council (Amendment) Bill, 2019, which was passed by the Lok Sabha on July 2.
Ashok Siddharth (BSP, Uttar Pradesh) alleges that SC/ST candidates get seats in medical colleges which lack infrastructure and demands that SC/ST students should get seats on par with other community students.
V. Vijaysai Reddy (YSR Congress, A.P.) is told he can speak for four minutes. Mr. Reddy takes exception to that and says the Chair is reducing the time of later speakers citing paucity of time. Chair tells him that time allottment rules are in place for the past 70 years. Mr. reddy is told to get on with the subject. Among other thins Mr. Reddy criticises the over centralisation powers of the medical body. While Mr. Reddy is speaking on private hospitals which are charging exorbitant fees, the Chair moves on to the next speaker.
Kankamedala Ravindra Kumar (TDP, A.P.) is called to speak. He says through amendment power is centralised on medical council which is against federalism. If the govt is really concerned about the functioning of the IMA, the council should be made a representative body.
Dr.L. Hanumanthaiah (Congress, Karnataka) asks how increasing the number of Board of Governors from seven to 12 would address the issue of corruption for which the IMC is superseded by the Board. And the Bill is silent on medical curriculum and the issue of capitation fees, he says adding that the party is supporting the Bill as it's required by law to replace an ordinance.
Hanuman Beniwal, RLP , says there is no scope for security-breach under the Aadhaar Bill. Supporting the Bill, he says direct dissemination of subsidy is made possible by Aadhaar. He reiterates the penalty of Rs 1 crore in case of violation and adds that Aadhaar will reduce corruption.
Thirumaa Valavan Thol, VCK, speaks in Tamil.
Girish Bhalchandra Bapat, BJP , speaks in Marathi. He supports the Bill.
Ravi Shankar Prasad, Minister, Law and Justice, responds, saying hoax registers used to be made in villages pre-Aadhaar. There are no medical records, health records or caste information on the Aadhaar card. Within the biometric system, there is thumb impression and iris recognition stored in the system, which cannot be changed. None of this core biometric information is to be shared; it gets encrypted within the system. The amendment stipulates that the Secretary be notified if such core biometrics need to be released in case of threat to national security.
He says in case of telephone and PMLA, Aadhaar is voluntary. He mentions the penalty of Rs 1 crore in case of violation. He says that no service shall be denied if an individual does not possess Aadhaar. Neither the biometric information nor the Aadhaar number of a person is to be stored and is specified as such in the amendment to the Telegraph Act, he adds.
"People are worried about privacy but if the poor people in the country who are receiving benefits like LPG connection and ration are content with it, what problem could the House have?" he asks.
The proposed amendment is completely voluntary, based on the consent of the Aadhaar-owner, private entities can be jailed or otherwise penalised if they store customers' information.
It is a wholesome amendment in compliance with the Supreme Court order, he says. "Trust the common men of India," he adds. Nobody has ever complained to him of being inconvenienced by Aadhaar, he says.
Adhir Ranjan Chowdhury, INC , speaks again, reiterating that Aadhaar is the brainchild of the UPA government. Indian Constitution does not recognise parliamentary superiority, he states. He moves his resolution.
Manish Tewari, INC , asks if the Supreme Court judgement permits the sharing of data even if on voluntary basis.
Mr. Prasad responds, saying three injunctions exist: any exception must be voluntary, backed by a law of Parliament or for a specified state objective.
Sanjay Ramchandra Patil, BJP , reiterates earlier points on Aadhaar being a counter against misuse of benefits provided by the government. There is no digital empowerment scheme greater than Aadhar in the world, he claims.
Manish Tewari, INC , says in January 2009, the UPA government had come out with 13 objectiives supposed to be achieved by the UIDAI. The rationale of Aadhaar was to ascertain the identity of those who were bereft of ration cards and such other basic amenities. He claims that the current attempt seems to reduce the human being to a number. He cites Justice Sanjay Kishan Kaul's judgement in context of "the right to be forgotten". The germane question that arises is that if the right to cancel Aadhaar once a child attains 18 years, why does it not exist for the adult? The right to be forgotten must also form a part of the Aadhaar Bill, provided it does not have grave ramifications upon national security.
Amending the Telegraph Act and the PMLA by simply inserting the word "voluntary" goes against the constitutional scheme where the citizen is at the core, Mr. Tewari adds. The intent of the government as mentioned in the Economic Survey released today, is to monetise private data, he says.
Dr. Shrikant Eknath Shinde, Shiv Sena , says the new amendment frees the individual of any compulsion to furnish Aadhaar to any company. He urges the government to look into data misuse, adding that privacy concerns should be looked into by getting mobile companies to delete previously procured information. He lends his support to the Bill on behalf of his party.
M. Selvaraj , CPI, speaks in Tamil. He opposes the Bill.
P. Raveendranath Kumar, AIADMK , says a digital identity removes the necessity for middlemen. He reiterates points on Aadhaar strengthening public service and reduction of corruption. The new amendment uses the world "voluntary" repeatedlly. Alternative means of identification is provided in case of sickness or technical inconvenience in furnishing Aadhaar. He says the amendment introduces civil penalty of upto Rs 1 crore in case of violation of the Aadhaar Act. He ends by supporting the amendment.
Asaduddin Owaisi, AIMIM, says the Bill shows the ill effects of electoral bonds. The Supreme Court had called the dissemination of information to private institutions a vice. The Bill says the relevant entity "shall" identify the clients, which erases the voluntariness the Bill claims to take into account, he says. The UIDAI can appoint anyone, notwithstanding conflict of interests, he says. He concludes by saying that offline verification would lead to fraud. He cites several clauses of the Bill which violate the Supreme Court judgement.
K. Ram Mohan Naidu, TDP , seeks clarification on deletion of data already possessed by private entities is going to be made possible. He says it is a shame that citizens have had to resort to the Supreme Court to protect their data while private entities have had to go only to the government to obtain a Bill like this. YSRCP has made baseless allegations on TDP, he adds, in context of Mr. Sridhar's allegations made earlier.
Ramesh Bidhuri, BJP , says Aadhaar is not issued without necessary means of identification and hence it is not vulnerable to identity theft. He supports the Bill.
N.K. Premachandran, RSP , says there is no circumstance that warrants the promulgation of the Ordinance. He says the Ordinance reopens the door for exploitation by private companies. Allowing them to possess a database of citizen information is unconstituional. The Billl gives greater power and lesser accountability to UIDAI. Srikrishna Committee recommendations stipulated the formation of a data protection programme, he adds. He ends with opposing both the Ordinance and the Bill.
Ajay (Teni) Misra, BJP , says in 2014, the challenge was to direct subsidies to the rightful beneficiaries. Aadhaar was an attempt to address that, which has been successful in the last five years, he says. Over 7 crore families have been given LPG connections, subsidies reach the right beneficiaries and consequently, he says, Aadhaar is a unique identity that is responsible for proper identification of beneficiaries. He says Aadhaar is the torchbearer to a digital future for India. "Nobody, not even the Opposition, can deny that Aadhaar is a safe and secure platform," he adds.
Supriya Sule, NCP , talks about the selling of data to corporate sectors. She says it is a shame that people's data is allowed to benefit private sectors. Most of the Bills that the current government claims to be theirs were created under Dr. Manmohan Singh, she says. "65 crore connected their mobile phones to Aadhaar because there was no other option," she states.
P.K. Kunhalikutty, IUML , says nobody is against technological reforms, he says, also emphasizing the need for the Data Protection Bill. Leakage of data can affect the country's security. Reforms without taking into consideration the fact that most of India is not literate is fallacious, he says. "The Bill has to have transparency and privacy-protection," Mr. Kunhalikutty says. "We are all for Aadhaar, but along with that the Data Protection Bill should also have come. In that spirit, I oppose this," he concludes.
Manoj Kumar Tiwari, BJP, asks why the last UPA government did nothing to implement the Aadhaar programme when they had come up with it. Aadhaar is the greatest counter to corruption, he says. He ends with lending his complete support to the Bill.
Kaushakendra Kumar, JD(U) , lends his support to the Bill. Aadhaar will speed up India's digital future, he says. All provisions have been made to prevent the misuse of data, he adds.
P.R. Natarajan, CPI(M) , says even the RBI says that Aadhaar is mandatory and not voluntary as claimed. Privacy and security concerns persist. He ends by opposing the Bill on behalf of his party.
Anupriya Patel, Apna Dal, lends her support to the Bill on behalf of her party. She says that under the new amendment, there are provisions for offline registration, cancellation of Aadhaar once a child is 18 years of age and the passport as an alternative document to Aadhaar for customers of mobile companies. She asks: in case of an individual not possessing a passport, is Aadhaar not rendered mandatory? She also asks if the government intends to introduce the Data Protection Bill.
B. Ravikumar, DMK , begins speaking. He says that this Amendment Bill gives private companies access to people's data, in contravention of the Supreme Court verdict.
He says monetising data, as mentioned in the Bill, is against the fundamental right to privacy. He says that the government hinks it can do anything to the people using a "valid law". He wants the Bill to be sent to a Parliamentary Standing Committee.
Mahua Moitra, AITC , opposes the Bill, saying it strikes at the heart of an individual's privacy. In more than 11 places in the Bill, it is said "as per regulations", she states. The entire idea of Aadhaar was to come up with a unique 12-digit number; the Amendment Bill's idea to create an alternative virtual identity only a way to bypass the SC's judgement striking down Clause 45, she claims. If the ecosystem fails after one procures their most personal information to a private agency, the means of recourse are not specified in the Bill. "It is shrouded in mystery," she states. All private agencies are using this means to get private data, she says, turning on its head the original idea of Aadhaar being a means for the poor to get subsidies.
The Bill allows private entities, telecom service providers and banks to get private details of citizens. Every law-abiding citizen is assumed to be a money-launderer under this Bill. "You cannot expect every law-abiding citizen to give up data," she says. Penalties and recourses available for authorities when there is unauthorised access to central data are not available to individuals whose information it actually is, she says.
Kotagiri Sridhar, YSRCP , refers to the "lurking dangers of our times". Andhra Pradesh witnessed the country's biggest Aadhaar data leak, he says. People had furnished details regarding caste and associated data to the then-TDP government, after which data theft ensued. In September 2018, the A.P. government once again put out data of benefits provided to farmers, which were openly accessible to all. However, he concludes by offering his full support to the Bill and the amendments.
Pinaki Misra, BJD , says the Data Protection Bill should be brought in if full support to the Aadhar (Amendment) Bill is to be extended. There may be scope for further fine-tuning of the law. There should be a robust statutory data protection measure, he says. "Information and data are the new oil of the society," he adds.
"We have a neighbour bent on aggrandizing data and information from India," he claims. 200 million users in India use TikTok, which is a Chinese company, he adds. Eventually, it is important that the treasury benches recognize the fact that instrumentalities which helped them win the elections might turn against them. The other limb of the Bill directed to be implemented by the SC, is data protection.
Ritesh Pandey, BSP , says that without a robust data protection programme, Aadhaar is "irresponsible legislation". Until such a programme exists, even voluntary procurement of information by private agencies would be wrong. If an insurance company knows what diseases your child has, it will increase premium on that particular disease, he says, explaining how data misuse occurs. This can even lead to terrorists getting mobile phones under the names of innocent, uneducated people. It allows the infringement of the Fundamental Right to privacy by the government in the name of national security, Mr. Pandey adds.
The Aadhaar and Other Laws (Amendment) Bill
Ravi Shankar Prasad, Law and Justice Minister, says that customers of mobile companies can produce documents like ration card, passport, etc. as alternatives to Aadhaar card. 123.81 crore Aadhaar cards exist in India. 69.38 crore mobile phones are connected to Aadhaar cards. 65.91% of bank accounts are, too. Rs 7.48 lakh crores have been released under Direct Benefit Transfers, he says. Low cost technologies can advance the country. Aadhaar is one such technology developed by scientists, he adds.
Adhir Ranjan Chowdhury, INC , says he vehemently opposes the frequent promulgation of Ordinances. Our Constitution has provision for the invocation of Ordinances but in the same way, it gives directions on when and why and how an Ordinance can be promulgated, he says. It can be promulgated under extraordinary circumstances or emergencies that warrant its promulgation. He tells the Law Minister that 4 Ordinances are being brought every 10 Bills, which is an unprecedented route in history. "You have borrowed the Aadhar from us," he claims. The Direct Benefit Programme was also borrowed. "Your way is not befitting of a democratic government. It is political plagiarism," he alleges. Privacy was being breached. "When we constituted the Aadhar, it did not breach anybody's Fundamental Rights," he says.
Mr. Chowdhury says there are many documents which can be originals, but not genuine. He asks Mr. Prasad to differentiate between originality and genuineness. "Aadhaar is the brainchild of the UPA government," he says.
This government does not bring the Data Protection Bill, he says. A comprehensive legislation including the aforementioned Bill would ensure the fruitful permeation of the benefits of Aadhaar.
Zero Hour
Chandrani Murmu, BJD, Keonjhar, Odisha, says Adivasis from the constituency have to migrate to other places to get employment. Employment opportunities could be created there by setting up a steel plant like the one made in Rourkella, as the place has all the natural resources available for it.
Veena Devi, LJSP , Vaishali (Bihar) says sugar mills in the constituency have been closed for around 15 years. She asks for their reopening.
Mitesh Patel, BJP , asks that instead of subsidies, direct depositions be made to the accounts of farmers.
Khalilur Rahaman, AITC , Jangipur (West Bengal) says the flooding of Ganga destroys the livelihood of thousands. Work around the Farakka Barrage has not happened. Those affected by these floods also do not get any redressal. There are entire villages that might drown should there be floods again, he says.
A.K.P. Chinraj, DMK , says poultry farmers across India are facing shortage of basic farming material and failure of the northeast monsoon. They are facing huge financial loss and this is worsening the unemployment problem of India.
G. Madhav, YSRCP , asks for implementation of NREGA to resolve agrarian crisis. He asks for proper education of children in rural India. "Most antisocial elements are school dropouts," he says.
Hema Malini, BJP , Mathura (Uttar Pradesh), speaks on vicious attacks on doctors all over the country in light of the recent incident in Kolkata. 40% of medical practitioners face assault during their lifetime. "The country is facing a deficit of 6 lakh doctors," she says. There should be strict laws to protect the medical community. Lynch mobs who assault doctors have always enjoyed impunity. A blacklist should be made of them and a complaint redressal committee should be formed in every hospital, she adds.
Rajya Sabha | 12 noon
Question Hour begins. The first question is on the roster system for reservations in appointments in universities.
After Finance Minister Nirmala Sitharaman tables the Economic Survey, she says in the Common Recruitment Process, candidates educated in local languages are at a disadvantage as the examinations for ranks of officers and office-assistants in the Regional Rural Banks are conducted in Hindi and English. To expand employment possibilities for local youth, in addition to English and Hindi, the exams will be conducted in 13 regional languages like Marathi, Tamil, Telugu, Urdu, Konkani, Assamese etc.
Jasbir Singh, INC, talks about the entitlement of the Armed Forces being cut.
Queen Oja, BJP, says many people are rendered homeless every year in Assam due to flooding of the Brahmaputra river. Every year land erosion increases. She asks for a team to be formed to address this critical issue.
Ramesh Bidhuri, BJP , says about 20 lakh people live in colonies in Delhi with no basic amenities.
T.N. Prathapan, INC , says no importance is given to sports and physical education in our schools and colleges. He asks that physical education be made mandatory in every class in schools, with a minimum of three periods of sports per week.
Thalikkottai R. Baalu, DMK , says the Lieutenant Governor of Puducherry, Kiran Bedi, had tweeted calling people of Tamil Nadu selfish and cowardly, and politicians, corrupt. Defence Minister Rajnath Singh responds, saying Ms. Bedi has expressed deep regret for the tweet. He says Ms. Bedi has deleted the tweet and said that she has the highest regard for the people of Tamil Nadu. "In light of these words, I would like to request the members of the House to put the issue to rest," says Mr. Singh.
Santokh Singh Chaudhary, INC , Palghar (Punjab) says narco-terrorism is not restricted to Punjab. Himachal is said to be the new drug capital of the country, he says. States cannot tackle it alone. There is need for a national drug policy, he says.
Dr. Srikanth Eknath Shinde, Shiv Sena, Kalyan (Maharashtra) talks about the pollution of the two rivers that provide water to his constituency. He asks for provisions to stop this.
Kripanath Mallah, BJP, says NH 44, renamed NH 8, the road running through Karimgunj, Assam, is in ruins and should be fixed without delay.
Vijila Sathyananth, AIADMK , says more than 1 lakh children in TN have been identified and rehabilitated in Tamil Nadu, in context of the National Child Labour Project. Since December 2016, however, the allotted monthly Rs 400 for poor children has not been credited to their accounts. She asks the Ministry of Labour and Employment to increase the honorarium for the National Child Labour Project.
V. Vijaysai Reddy, YSRCP , says 357 mandals in AP have been declared drought-hit. There is a deficit rainfall of 81% in the State. In Nellore district, the deficit is 57%, in Krishna it is 48%. In 24 water reservoirs, the storage level is less than 24%. Grounwater level has plummeted to 23 m in many areas. The average level is 15.96 m. He requests the Finance Minister to come to the rescue of the farming community there.
Shanta Chhetri, Trinamool Congress , says from the establishment of Gorkha Recruitment Depot in Ghum, Darjeeling, has gained tremendous technical significance. Shifting the Depot out of the Hills is a higely unpopular decision, she says.
Mahesh Poddar, BJP , says there are about 20,000 rickshaw-drivers have no alternative to their current profession. He appeals that laws be made to procure alternatives, like there have been in case of manual scavengers.
Swapan Dasgupta, Nominated , says a systematic account of leakages, which goes by the name of "cut money" exists in West Bengal. "About ₹500 of the money allotted under Ujjwala Scheme is siphoned off from beneficiaries," he says. The Chair asks that allegations against State governments not be made as they are not present in the House to defend themselves.
K.J. Alphons, BJP , 20% of the 15 million blind people in India can regain sight if cornea is available but only 25,000 corneas are getting donated per year. In many countries a Bill exists that stipulates that unless there is specification, eyes after death will belong to the society. He requests that such a Bill be introduced.
S. Muthukaruppan, AIADMK , says all urban and rural local bodies are in dire need of funds in Tamil Nadu in discharging of their duties in the drought-hit parts of the State.
Sushil Kumar Singh of the BJP begins the next question on solar energy plants.
The next question is on power supply to the industrial sector, followed by one on the role of MSMEs.
Chairman M. Venkaiah Naidu is in the Chair. Papers are laid on the table.
The House takes up a motion to elect a Member to the Agriculture Authority. The motion is adopted.
Zero Hour begins.
Ajay Pratap Singh of the BJP speaks about affordable housing.
A.K. Selvaraj of the AIADMK speaks about drip irrigation and other irrigation methods.
Vijay Pal Singh Tomar, BJP , talks about adulteration of food products including milk, turmeric etc. He talks about the spread of diseases in children through consumption of adulterated milk. "People who engage in adulterating these products don't get the punishment they should," he adds.
House convenes. Speaker Om Birla is in the Chair.
Questions are on setting up of bio-gas plants, cleaning of ponds, lakes and canals, glass facades in buildings.
List of business
Lok Sabha
- The Aadhaar and Other Laws (Amendment) Bill, 2019, to be introduced by Ravi Shankar Prasad for consideration and passing.
Rajya Sabha
- R.K. Sinha to call attention to reports of increasing drug addiction among schoolchildren in the country.
- The Indian Medical Council (Amendment) Bill, 2019, to be introduced by Dr. Harsh Vardhan, as passed by the Lok Sabha, for consideration and passing.
