Monday, October 29, 2018

[rti4empowerment] Service of Liquor Shops, Paan, Cigarette Shop, Beer & Huqqa Bars near educational institutions [1 Attachment]

 
[Attachment(s) from Surendera M. Bhanot included below]

A pdf of this communication is also attached, which may please be downloaded and printed for taking appropriate action, please.  



RTIFED/Debarring/2018/13/1029

29 October 2018

To:

 

1.

Hon'ble Chief Minister
Punjab, Chandigarh

 

cm@punjab.gov.in

2.

Financial Commissioner,

Excise & Taxation  Punjab

 

fct@punjab.gov.in

3.

Principal Secretary,

Excise & Taxation Punjab

 

pst@punjab.gov.in

4.

Secretary,
School Education Punjab

 

secy.se@punjab.gov.in

5.

Director Public Instructions

(Secondary Education) Punjab

 

dpise_punjab@yahoo.co.in

6.

Director Public Instructions
(Elementary Education) Punjab

 

dpieepunjab2015@gmail.com 

7

NGOs and RTI Activists in the field of RTI and Human Rights.

 

dc

 

Service of Liquor Shops,

Paan, Cigarette Shop, Beer & Huqqa Bars near educational institutions

 

Hon'bles,

 

Please refer to the letter dated 16 October 2018, which Parents Association GNP, SB-29, 101/4, Daba Road, GT Road, Ludhiana-141001 Has addressed to Hon'ble Chief Minister, Punjab Chandigarh springing up of Liquor Shops /Paan Cigarette Shop/Beer Bars/Huqqa Bars etc., near the educational Institutions, especially the Secondary and Elementary Schools, with the consent of the such schools after securing NOC from then by decoyed means.

 

This is in blatant violation of the policy of the State Government as well as the Excise Policy of the state Government. This is a serious dent to state which is already fighting the drug menace. Owing to this, the peril of intoxication in the young students is swelling day-by-day, resulting in ruining the health and career of youngsters.

 

It is a matter of great concern that Liquor shops in collusion with school managements are giving a philip to boozing by cheating on authorities or in complicity with the authorities. This is a serious matter and needs to be promptly looked into the nexus of the Liquor Shop-School Management-Official in allowing the operation of the station of intoxications in so close proximity to the schools, in gross violation of the law. 

RTIFED demands that the Secretary, School Education, Punjab; Director Public Instructions

(Secondary Education) Punjab; and Director Public Instructions (Elementary Education) Punjab, may look into as to how Liqour-Shop Owner obtained the NOC from the School Managements; And the Financial Commissioner, Excise & Taxation Punjab and the Principal Secretary, Excise & Taxation Punjab, may kindly look into as to how the official cleared such proposal of the operation of the shops of nasha, intoxication, dope, fuddle, inebriation, intoxicant, lay out, narcotic, narcotics, opiate, wine etc., are allowed to crop-up in close proximity to the schools?

 

RTIFED joins in with the demand of Parents Association GNP that the distance of prohibited area near schools should be increased to more than 500 meters. Secondly the liquor shops Paan, Cigarette Shop/Beer & Bars/Huqqa Bars opened in prohibited area by obtaining NOC from the schools should be declared invalid. 

 

The guilty, including officials, school managements and such ventures owners, in allowing such ventures in close vicinity to schools, may be taken to task under the laws which are applicable on them and are in for the time being.

 

RTIFED urges the Hon'ble Chief Minister, Punjab to consider the request of the Parents Association GNP and immediately order for the removal of vends and Bars from the prohibited area

 

RTIFED expect that the Hon'ble Chief Minister, Punjab will gauge the severity of the matter and order immediately action on receipt of this communication.

 

This communication is sent through electronic media and as such does not warrants any signature..

 

Submitted for kind consideration and appropriate action, please.

 

A pdf of this communication is also attached, which may please be downloaded and printed for taking appropriate action, please.



Thanking you,

Very cordially yours,

 

 

Surendra M. Bhanot

President RTIFED

Enclosure: as stated, please

 

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Attachment(s) from Surendera M. Bhanot | View attachments on the web

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Posted by: "Surendera M. Bhanot" <rtifed@gmail.com>
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Sunday, October 14, 2018

[rti4empowerment] YOUR GRIEVANCE WITH SIC PUNJAB

 


IMPORTANT NOTICE

 

Dear Members,

 

It has been OBSERVED that for the last 2-3 years, the Punjab State Information Commission is bailing out the erring PIOs and the Public Authorities for a song. The Commission is not imposing any penalty on the erroring PIOs and not awarding compensation to the appellant and complainants.  

 

This is just a situation of lawlessness prevailing in the Commission and the RTI Act is being given a silent burial.

 

This RTIFED Group wants these issues to be taken up vigorously with the Government as well as with the Commissions. This can only be done with the active support of the members, with facts and figures.

 

In case you have met such an humiliation at the hands of the Commission, and you feel that:

 

01.   Information was not provided to you,

02. Your case was dismissed by Commission without affording a reasonable opportunity of being heard.

03.  Your case was closed without ensuring the relief/relieves sought by you.

04.   The penalty was not imposed on the erring PIOs..

05.   Compensation was not awarded to you

06.   You were not properly heard in the commission

07.   You pleas or arguments were not properly discussed in the order.

08.   Order of the commission is non-speaking and no reason was given in the order while rejecting your pleas or arguments..

09.   Arguments were not weighed and considered on merit as per law.

10.   If any form was got filled in by the commission from you to the effect that "you were satisfied with the information provided and that you do not want any further action and the case may be closed"

11.   If you were ever threatened by the public authority or warned of the dire consequences and commission kept silent.

12.   Any other reason with which you are not satisfied with the conduct of the proceeding at the commission.

 

Please do write to RTIFED giving details of your case number, the name of the commissioner, date of the decision, reasons of nonsatisfaction, a copy of the concerned  RTI application and a copy of the order of the commission to rtifed@gmail.com, along with your particulars, contact address, mobile number as well as email ID, if any.

 

In case there is no email facility with you, you can send the above by a simple post to:

 

President,  RTIFED,

H. No. 3090, Sector 37-D,

Chandigarh-160037

rtifed@gmail.com

9888-810-811

 

Please spread this message to as many people as in your contact and post this message to other groups too.

 

The RTI Activist in other states may also initiate a similar campaign in their states according to the situation prevailing there.

 

And please give your suggestions to further modify this circular or include or delete any matter.

 

LET US TOGETHER BRING ABOUT THE REFORM IN THE COMMISSION TO OUR OWN BENEFIT AND FOR THE TRANSPARENCY AND ACCOUNTABILITY IN THE GOVERNANCE.


--
WITH WARM REGARDS

Surendera M. Bhanot
Snail Mail: 
CHANDIGARH: No. 3090, Sector 37-D, Chandigarh-160036 INDIA  - Mob: +919-888-810-811
DELHI: # L-9, First Floor, Street No. 14, New Mahabir Nagar,  Near Janakpuri East Metro Station, New Delhi - 110018 INDIA
      
---------------------------------------------------------------------------------
President, RTIFED, India HQ: Chandigarh || President, RTI Help & Assistance Forum Chandigarh || Life Member, Chandigarh Consumers Association || Youth for Human Rights International - YHRI - South Asia || Jt. Secretary, Amateur Judo Association of Chandigarh || Life Member, SPACE - Society for Promotion and Conservation of Environment, Chandigarh || Executive Member KHETI VIRASAT MISSION, Jaitu (Punjab),  || Admin, Kitchen Garden & Horticulture FB Group

"This message and any attachments are solely for the intended recipient and may contain confidential or privileged information. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information included in this message and any attachments is prohibited. If you have received this communication in error, please notify me by reply e-mail and immediately and permanently delete this message and any attachments. Thank you." 

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Posted by: "Surendera M. Bhanot" <bhanot1952@gmail.com>
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Wednesday, October 3, 2018

[rti4empowerment] “No escape from RTI even if it is impossible to reply”

 

 

"No escape from RTI even if it is impossible to reply"

By Shyam Prasad S, Bangalore Mirror Bureau | Updated: Oct 4, 2018, 06:00 IST

https://bangaloremirror.indiatimes.com/bangalore/others/no-escape-from-rti-even-if-it-is-impossible-to-reply/articleshow/66060436.cms
 
Even if it is humanly impossible to reply to a RTI query, there is no escaping from the consequences. An assistant commissioner of police in Bengaluru, working as the public information officer (PIO) in the KR Puram sub-division, was imposed a fine of Rs 10,000 for failing to provide information on an RTI application on time. Though it was conceded by the Karnataka Information Commission (KIC) that it was a genuine case where he could not have provided all the information sought in the stipulated time, he had to pay the fine which was the law. The High Court, however, reduced the fine amount.

Dr D Narayanaswamy, the PIO of the KR Puram sub-division was the officer in the dock. ARS Kumar, a social activist had filed an application seeking information under the Right to Information Act in September 2011. Under the Act, all information has to be catalogued. The applicant sought the entire list and all the information suo moto published by the police stations under the jurisdication. The information sought was from the period starting the establishment of all these police stations.

When the information was not furnished within the stipulated time, a complaint was filed by Kumar before the KIC. Narayanaswamy replied to the KIC that he had sought all the information from the respective police inspectors of each police station. The information sought was very volumnioius and pertaining to various police stations. So there was delay in compiling it.
In the meantime, the information was provided on August 9, 2012, nearly a year after the application was filed. The SIC, on September 4, 2012, however imposed a fine of Rs 10,000 on Narayanaswamy for failing to provide the information to Kumar.

Narayanaswamy challenged the fine in the High Court. To a pointed question from the High Court as to "what should happen when the information sought under the RTI Act is so volumnious and it is humanly impossible to furnish the information within 30 days," the advocate for the SIC "fairly admits that there is no escape from the rigours of the RTI Act."

The order of fine was in accordance with law, the counsel submitted to the HC. The information as contemplated under the RTI Act should necessarily be available with the PIO. That is the essence of the RTI Act, the counsel told the court.

The HC said that the order of the SIC cannot be faulted as the punishment contemplated under the Act should necessarily follow if the information is not provided within the stipulated period. "However the predicament of the petitioner (Narayanaswamy) also has to be taken into consideration," it said.

Reducing the fine imposed on him, the court said, "Taking into consideration the totality of the situation, this Court is of the opinion that the penalty of Rs 10,000 that was imposed on the petitioner is on the higher side."


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Posted by: Anil kumar <anil_crp@yahoo.com>
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Thursday, September 27, 2018

[rti4empowerment] 'Aadhaar is a major national security risk'

 


'Aadhaar is a major national security risk'

September 27, 2018 11:00 IST
'If your data is hacked you cannot go to court. Only UIDAI can go to court.'
'UIDAI is lying that Aadhaar is completely secure.'
Illustration: Dominic Xavier/Rediff.com
Nikhil Pahwa, founder, editor and publisher of the Web site Medianama, is a vociferous critic of Aadhaar.
He has still not got an Aadhaar card and says, sadly, he will now have to get one after the Supreme Court's judgment on Wednesday, September 26.
"The government argued against the Fundamental Right to Privacy in the Supreme Court to delay the hearings for Aadhaar. Had they not done that, the case would have finished in 2016 itself. During that time, millions of people went for Aadhaar so it became a fait accompli, and that was the intention all the time," Pahwa tells Rediff.com's Syed Firdaus Ashraf.

You called for the 'destruction of Aadhaar' in a tweet. Why do you hold such strong views against it?
Aadhaar is the making of a surveillance State. Profiling of citizens is already being done at the state-level in state resident data hubs.
I think it is dangerous for democracy if states are allowed to profile citizens to such an extent.
It is happening in Rajasthan. I think even (Andhra Pradesh Chief Minister Nara) Chandrababu Naidu is building a similar database, linking all aspects of a citizen's life with the Aadhaar number.
Aadhaar is dangerous for us as citizens.
Also, there is no means to know what kind of fakes exist in the Aadhaar system.
If you look at the enrolment software hack, which Huffington Post reported (external link), it allows people outside of India to enrol for Aadhar who are not necessarily in the database.

At some point of time there will be certain damage that will be done to individuals before it is destroyed.
The United Kingdom considered unique identity projects before the Labour Party came to power and destroyed it because it was very serious (issue).
I don't think Aadhaar complies with the Fundamental Right to Privacy. I disagree with the Supreme Court that it isn't unconstitutional.
I understand the judges have gone by their own wisdom, but I would go with Justice (D Y) Chandrachud's distinct judgment.
Also, Aadhaar is extremely unsecure and I think the Supreme Court needs to take that in cognisance.
There are reports coming out every day of data being leaked and software being hacked.
The UIDAI (Unique Identification Authority of India) is lying that Aadhaar is completely secure.
The assumption is that biometrics are safe and secure, but you say it is not so.
We leave our biometrics on every glass of water that we pick up. There are students who have cloned fingerprints to mark proxy attendance.
Biometrics, in fact, is the least secure form of authentication. You cannot change your biometrics.
You can change your PIN and password, but you cannot change your biometrics.
If your biometric gets copied, and it is very easy as biometric have been copied from photographs, you are compromised for your entire life.

That sounds dangerous.
It is a fact. Biometrics are not secure.
You pick up a glass of water and are you telling me your fingerprints cannot be copied?
Of course, it can be copied and they do that in forensics.
There is a college in Mumbai where students replicated thumb prints to mark proxy attendance.
In Surat, biometric data was being sold and two traders were arrested for that.
Biometrics are less secure than passwords. All major businesses get hacked at one point or other time, but they protect users by keeping data in silos.
Secondly, when something goes wrong with passwords, they change the password. But how do you change your fingerprints?

Since I have already given my biometrics for a mobile phone connection, how can that be misused?
(Finance Minister) Arun Jaitley had said in Parliament once that there are a number of cases where people's money has been funnelled out of their bank accounts.
There are a number of cases like that and we did stories on Medianama.
Let me ask you this since you got an Aadhaar how often you have used biometric authentication. Hardly ever, right?

Except while connecting my SIM card to Aadhaar...
Most people use a one-time password-based system (for that).
In a country where the population barely understands technology, look at the number of instances where money is being funnelled out by using OTP and UPI (the Unified Payments Interface).
Phishing attacks are already happening. Now the problem is when that happens, you will not link back to the source of loss of data.
TRAI (the Telecom Regulatory Authority of India) chief R S Sharma (recently) tried to point out that losing data is not problematic. But just because he was not harmed today does not mean he will not be harmed in future.
People, though, went and located all sorts of information about him (on Twitter).

The Modi government brought in Aadhaar as a money bill, which you have criticised. It may have been procedurally wrong, but was there any other problem with that decision?
Why did the government want to pass this bill so desperately?
I am not going to question the intent of the government in terms of why they wanted this bill to be passed so desperately.
My problem is that it did not go under the scrutiny of the Rajya Sabha. In fact, there were amendments pushed by the Rajya Sabha which were not accepted by the government.
Therefore, it is highly problematic how it was dealt with. I would just say what they did procedurally and operationally was wrong.
I think it is very disappointing that the Supreme Court has upheld Aadhar as a money bill as that opens the doors for this government and governments to follow to misuse the money bill provision.

The United States has the social security number, most democracies have a citizens ID card. Can't Aadhaar be of some use in a similar way?
Scroll.in has done a story about it and we too have done (a story) on this.
Aadhaar is not a social security number and social security number is not a 'linked' number.
You can change your social security number but you cannot change your Aadhaar number.
I am not sure whether this provision has been removed or not, but under the Aadhaar Act, if your data is hacked you cannot go to court. Only the UIDAI can go to court.
That is inherently unconstitutional.
The social security number is also not linked to biometrics. If you want to look at the US situation, the social security numbers were hacked last year.
Any centralisation of data is problematic. If we have multiple identification cards and identification numbers we can choose to keep ourselves secure by using different cards and different identification methods in different circumstances.
I can give my driving licences or other ID or Aadhaar. Hopefully not Aadhaar.
I will never use Aadhaar as I have still not got Aadhaar.

You don't have an Aadhaar card yet?
No. I might be forced to get one now as it has been made mandatory for PAN.
Look, I saw the dangers very early and decided that I didn't want to risk myself.
My Supreme Court has failed me (on Aadhaar) and my government has already been failing me, so I might get one.

Linking Aadhaar with phone numbers helps track criminals. An alleged terrorist was arrested in Gaya because of Aadhaar.
I have never heard anything like this. In Pathankot, there was a terrorist who was found with Aadhaar,.
An Uzbek woman who committed a crime in Andhra Pradesh had Aadhaar in a different name.
I have never heard of a terrorist being caught because of Aadhaar.
Aadhaar is not proof of identification.
A CNN-IBN journalist proved there is a problem with Aadhaar when he got Aadhaar in a fake name by producing a fake driving licence.
They did not verify his address like they do for a passport for which the police comes to your home, checks your address and also with neighbours to confirm your address.
Where is that kind of verification in Aadhaar? Aadhaar is based on any other ID. It is not proof of address.

Phone linking with Aadhar helps national security.
How does it help? If I have an Aadhaar card in a fake name and then I get a mobile with a fake Aadhaar, how does it help national security?

Granted there are loopholes.
This is not loophole. This is a problem.
If you look at the Huffington Post report (external link), it says anyone in the world could have enrolled for Aadhaar.
It was a sophisticated hack. Anyone in the world could have enrolled for Aadhaar and that was certified by multiple security experts globally.
So someone sitting in Pakistan could have potentially enrolled for Aadhaar with their fingerprints and you would never know. There was no way of knowing it.

Why did the Modi government not realise these things?
I have been saying this for a while now. Aadhaar is a major national security risk for India.
I wish the Supreme Court realised it and I hope the Indian Army realises it.
UIDAI does not have a monitoring mechanism. They have an audit mechanism.
When journalists report issues, that is when they (UIDAI) act on it.
And what they do? They file an FIR against journalists who report on the Aadhaar problem so more people do not report problems on Aadhaar.
What kind of security policy is this? Look at what happened to the Tribune newspaper story.
UIDAI comes out and says 'Oh, but there is no problem'.
How can you trust a government body that lies like that?

There are good things about Aadhaar too, like the leakage in subsidies being plugged.
We have done an analysis on the leakage of subsidies. The government took data which was not attributable to Aadhaar, but they just attributed to Aadhaar.
There have been instances where they have taken data for one small part of one district and attributed that to the entire country over a longer period of time.
The World Bank has largely retracted the report which the government had cited as proof of savings.
There is no trustworthy information coming out from the government on Aadhaar.
They went and argued against the Fundamental Right to Privacy in the Supreme Court to delay the hearings for Aadhaar.
Had they not done that, the case would have finished in 2016 itself.
During that time, millions of people went for Aadhaar so it became a fait accompli, and that was the intention all the time.

Syed Firdaus Ashraf / Rediff.com
With best wishes,
from                    
                                             Click for Mumbai, IndiaForecast
Rahul,
Owner - The CYBUGLE & 60seconds
And Stock market group - TRADESMART

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Posted by: Rahul <bruntno1@yahoo.com>
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