AADHAAR RELATED ARTICLES: 5889 - Restarting DBT might first need SC nod

In 2009, I became extremely concerned with the concept of Unique Identity for various reasons. Connected with many like minded highly educated people who were all concerned.

On 18th May 2010, I started this Blog to capture anything and everything I came across on the topic. This blog with its million hits is a testament to my concerns about loss of privacy and fear of the ID being misused and possible Criminal activities it could lead to.

In 2017 the Supreme Court of India gave its verdict after one of the longest hearings on any issue. I did my bit and appealed to the Supreme Court Judges too through an On Line Petition.

In 2019 the Aadhaar Legislation has been revised and passed by the two houses of the Parliament of India making it Legal. I am no Legal Eagle so my Opinion carries no weight except with people opposed to the very concept.

In 2019, this Blog now just captures on a Daily Basis list of Articles Published on anything to do with Aadhaar as obtained from Daily Google Searches and nothing more. Cannot burn the midnight candle any longer.

"In Matters of Conscience, the Law of Majority has no place"- Mahatma Gandhi

Ram Krishnaswamy

Sydney, Australia.

Aadhaar

The UIDAI has taken two successive governments in India and the entire world for a ride. It identifies nothing. It is not unique. The entire UID data has never been verified and audited. The UID cannot be used for governance, financial databases or anything. It’s use is the biggest threat to national security since independence. – Anupam Saraph 2018

When I opposed Aadhaar in 2010 , I was called a BJP stooge. In 2016 I am still opposing Aadhaar for the same reasons and I am told I am a Congress die hard. No one wants to see why I oppose Aadhaar as it is too difficult. Plus Aadhaar is FREE so why not get one ? Ram Krishnaswamy

First they ignore you, then they laugh at you, then they fight you, then you win.-Mahatma Gandhi

In matters of conscience, the law of the majority has no place.Mahatma Gandhi

“The invasion of privacy is of no consequence because privacy is not a fundamental right and has no meaning under Article 21. The right to privacy is not a guaranteed under the constitution, because privacy is not a fundamental right.” Article 21 of the Indian constitution refers to the right to life and liberty -Attorney General Mukul Rohatgi

“There is merit in the complaints. You are unwittingly allowing snooping, harassment and commercial exploitation. The information about an individual obtained by the UIDAI while issuing an Aadhaar card shall not be used for any other purpose, save as above, except as may be directed by a court for the purpose of criminal investigation.”-A three judge bench headed by Justice J Chelameswar said in an interim order.

Legal scholar Usha Ramanathan describes UID as an inverse of sunshine laws like the Right to Information. While the RTI makes the state transparent to the citizen, the UID does the inverse: it makes the citizen transparent to the state, she says.

Good idea gone bad
I have written earlier that UID/Aadhaar was a poorly designed, unreliable and expensive solution to the really good idea of providing national identification for over a billion Indians. My petition contends that UID in its current form violates the right to privacy of a citizen, guaranteed under Article 21 of the Constitution. This is because sensitive biometric and demographic information of citizens are with enrolment agencies, registrars and sub-registrars who have no legal liability for any misuse of this data. This petition has opened up the larger discussion on privacy rights for Indians. The current Article 21 interpretation by the Supreme Court was done decades ago, before the advent of internet and today’s technology and all the new privacy challenges that have arisen as a consequence.

Rajeev Chandrasekhar, MP Rajya Sabha

“What is Aadhaar? There is enormous confusion. That Aadhaar will identify people who are entitled for subsidy. No. Aadhaar doesn’t determine who is eligible and who isn’t,” Jairam Ramesh

But Aadhaar has been mythologised during the previous government by its creators into some technology super force that will transform governance in a miraculous manner. I even read an article recently that compared Aadhaar to some revolution and quoted a 1930s historian, Will Durant.Rajeev Chandrasekhar, Rajya Sabha MP

“I know you will say that it is not mandatory. But, it is compulsorily mandatorily voluntary,” Jairam Ramesh, Rajya Saba April 2017.

August 24, 2017: The nine-judge Constitution Bench rules that right to privacy is “intrinsic to life and liberty”and is inherently protected under the various fundamental freedoms enshrined under Part III of the Indian Constitution

"Never doubt that a small group of thoughtful, committed citizens can change the World; indeed it's the only thing that ever has"

“Arguing that you don’t care about the right to privacy because you have nothing to hide is no different than saying you don’t care about free speech because you have nothing to say.” -Edward Snowden

In the Supreme Court, Meenakshi Arora, one of the senior counsel in the case, compared it to living under a general, perpetual, nation-wide criminal warrant.

Had never thought of it that way, but living in the Aadhaar universe is like living in a prison. All of us are treated like criminals with barely any rights or recourse and gatekeepers have absolute power on you and your life.

Announcing the launch of the # BreakAadhaarChainscampaign, culminating with events in multiple cities on 12th Jan. This is the last opportunity to make your voice heard before the Supreme Court hearings start on 17th Jan 2018. In collaboration with @no2uidand@rozi_roti.

UIDAI's security seems to be founded on four time tested pillars of security idiocy

1) Denial

2) Issue fiats and point finger

3) Shoot messenger

4) Bury head in sand.

God Save India

Tuesday, October 21, 2014

5889 - Restarting DBT might first need SC nod - Business Standard

Restarting DBT might first need SC nod

Solicitor-General seems to have also thought so, given an earlier direction that Aadhaar could not be made mandatory to get the subsidy

Surabhi Agarwal & Sudheer Pal Singh | New Delhi October 21, 2014 Last Updated at 00:44 IST

The government might have rushed the announcement, against cautious legal advice, on re-starting cash subsidy transfers for cooking gas (LPG).

The problem stems from a Supreme Court (SC) order that the Aadhaar (Unique Identification) number should not be mandatory for availing of government services.

Since Direct Benefits Transfer (DBT) in LPG had required a mandatory linkage of the Unique Identity number, a petition was filed by a former MLA, alleging contempt of court.

In response, the government had informed the SC that the scheme had been put into abeyance.

“This is why it will have to go to the court once again,” an official said, adding “perhaps the government should not have hurried this up (the announcement).”

The solicitor general, Ranjit Kumar, had in fact advised against implementing the project before taking the SC approval. Yet, on Saturday, the Cabinet said a modified version of the DBT scheme in cooking gas would begin from mid-November in 54 districts, and in the rest of the country by January.

The government had earlier sought the opinion of the solicitor general on re-starting the project, frozen by the former government in January. In a letter dated September 11, Kumar warned that restarting work on the scheme “may invite the court’s contempt”.

The government should first place the report of the committee appointed to study the project (headed by former Indian Institute of Technology director Sanjay Dhande) before the SC and seek an amendment to the court’s order, it was advised.

Business Standard has reviewed a copy of the letter.

It should be noted, though, that the government has only announced its intent to restart the project. Actual implementation is a month away.

A government official said the Centre was likely to approach the Court over the coming weeks and was “hopeful” of an okay to the modified version before mid-November. Another official said the government might not have to take SC permission for a re-launch but it would still keep the court “informed”. The court had said Aadhaar would not be mandatory for entitlement schemes, the second official said.

“We have done the same thing. We are saying the consumer will get LPG supply entitlement whether or not he/she has Aadhaar,” the official added.

Ground-level implementation challenges were cited as the main reason by the previous government for putting the scheme on hold. It had also formed a 12-member panel for a course correction.

The committee gave its report in May, suggesting the project was beneficial for containing subsidies. Before it was put in abeyance, DBT in LPG was operational in 290 districts and Rs 5,000 crore of subsidy had been transferred directly into the Aadhaar-linked bank accounts of consumers.

The modified scheme will only start, as noted earlier, in 54 districts in the first phase. These have been chosen based on high penetration of Aadhaar numbers and its seeding with bank accounts
.