uid

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


Special

Here is what the Parliament Standing Committee on Finance, which examined the draft N I A Bill said.

1. There is no feasibility study of the project]

2. The project was approved in haste

3. The system has far-reaching consequences for national security

4. The project is directionless with no clarity of purpose

5. It is built on unreliable and untested technology

6. The exercise becomes futile in case the project does not continue beyond the present number of 200 million enrolments

7. There is lack of coordination and difference of views between various departments and ministries of government on the project

Quotes

What was said before the elections:

NPR & UID aiding Aliens – Narendra Modi

"I don't agree to Nandan Nilekeni and his madcap (UID) scheme which he is trying to promote," Senior BJP Leader Yashwant Sinha, Sept 2012

"All we have to show for the hundreds of thousands of crore spent on Aadhar is a Congress ticket for Nilekani" Yashwant Sinha.(27/02/2014)

TV Mohandas Pai, former chief financial officer and head of human resources, tweeted: "selling his soul for power; made his money in the company wedded to meritocracy." Money Life Article

Nilekani’s reporting structure is unprecedented in history; he reports directly to the Prime Minister, thus bypassing all checks and balances in government - Home Minister Chidambaram

To refer to Aadhaar as an anti corruption tool despite overwhelming evidence to the contrary is mystifying. That it is now officially a Rs.50,000 Crores solution searching for an explanation is also without any doubt. -- Statement by Rajeev Chandrasekhar, MP & Member, Standing Committee on Finance

Finance minister P Chidambaram’s statement, in an exit interview to this newspaper, that Aadhaar needs to be re-thought completely is probably the last nail in its coffin. :-) Financial Express

The Rural Development Ministry headed by Jairam Ramesh created a road Block and refused to make Aadhaar mandatory for making wage payment to people enrolled under the world’s largest social security scheme NRGA unless all residents are covered.


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Tuesday, November 8, 2016

10494 - egal Confusion Over Aadhaar Continues– Supreme Court Reiterates That Aadhaar Card Is Not Mandatory - TRak In

September 26, 2016 at 15:10 pm
Legal Confusion Over Aadhaar Continues– Supreme Court Reiterates That Aadhaar Card Is Not Mandatory


Mohul Ghosh3 Min Read

Government’s has received another setback in its attempts to make Aadhaar Card as mandatory requirement for availing various public welfare schemes and accessing services such as rail tickets and registration of businesses.

In a recent ruling, Supreme Court has restated that Aadhaar cannot be made mandatory for any accessing public scheme or Govt. services. As per the verdict, Supreme Court has reinforced the previous judgement of October, 2015, wherein the apex court had stopped Govt. from universalizing Aadhaar Card for every public welfare scheme and accessing Govt. services.

This means that the judiciary and the Govt. of India are at clash here on the validity of Aadhaar Card, and such legal uncertainty can confuse citizens.

Supreme Court Stops Aadhaar Expansion

The recent case was pertaining to the Govt’s decision to make Aadhaar Card as a mandatory requirement for receiving students’ scholarship. This decision was challenged in the Supreme Court.

While giving their verdict, the bench decided to uphold the October, 2015 and stopped Govt. from making Aadhaar Card as a necessary requirement for availing the scholarship.

As per the 2-member bench, until and unless all previous litigations pertaining to Aadhaar Card usage has been cleared, Govt. cannot overrule Supreme Court’s decision and impose Aadhaar Card on citizens.

But Govt. Already Has A Legal Backing Via Aadhaar Bill
Now, the confusion lies here. In the month of March, Govt. used smart political tactics, and passed the Aadhaar Act, 2016 (Targeted Delivery of Financial and Other Subsidies, Benefits and Services); which was notified by UIDAI and implemented effective September 12, 2016.

Under this legal backing, Govt. passed all resolutions which made Aadhaar card as a mandatory requirement for accessing various public welfare schemes like Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), Jan Dhan Yojana, different types of pension schemes, transfer of cooking gas subsidy, the employees provident fund, public distribution and more.

Under the same arrangement, we had reported that Aadhaar Card would be now made compulsory for booking railway tickets, registering new businesses and even enforce Aadhaar linked bank accounts.

Recently, Hyderabad Police made Aadhaar Card mandatory while vehicle checks.

Govt. has also asked all smartphone makers to mandatorily enable Aadhaar based encryption of data, which has caused some unrest among hardware makers and software platform owners.

A senior official has tried to explain that Aadhaar Card would be like the ration card: if anyone wants to have subsidized ration, then he or she must have ration card. Although the Govt. is not officially using the word ‘mandatory’, but without it, things won’t happen.

He said, “Under the new law and the regulations, we do not use the word ‘mandatory’. The regulations require authorities to ask for Aadhaar against the schemes and if someone does not have it, the agency or authority is required to ensure the person gets enrolled. Till the time he or she enrolls, the person will not be denied the benefits,”

As of now, there exists 9 pending cases in the Supreme Court, which deals with the ‘compulsory’ usage of Aadhaar Card for accessing Govt. services and schemes, and unless these cases are cleared, the legality of Aadhaar Card is still stuck in a logjam.

We will keep you updated as more details come in.