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.

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

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.


Tuesday, November 8, 2016

10513 - HC stays Govt order on Aadhaar - Daily Exc4elsior


Posted on 5/10/2016 by Dailyexcelsior

Excelsior Correspondent

Srinagar, Oct 4: The State High Court today stayed the Government order regarding installation of Aadhaar Enabled Biometric Attendance System (AEBAS) in Government departments to ensure the attendance of Government employees.

The fresh order of Government has been passed for making the procurement of Aadhaar card mandatory for Government employees for   AEBAS and  the Aadhaar Card as mandatory has been stayed by the Division Bench of Chief Justice N Paul Vasanthakumar and Justice Ali Mohammad Magrey with the observation that the Supreme Court has already held Aadhaar is not mandatory.

“This Court as well as Supreme Court has held that till pendency of orders to be passed by the Supreme Court, the Aadhaar has been made compulsory, in light of the orders passed, there shall be an interim stay of ordering in so far insisting for Aadhaar Card is concerned”, directed the DB and also issued notice to the Government through Chief Secretary of the State and the notice has been accepted in open court by the State Counsel M A Beigh (Dy AG).

In its order Supreme Court has made it clear that “Aadhaar Card Scheme is voluntary and cannot be made mandatory till the matter is decided by the Supreme Court in one way or the other and the interim orders shall be strictly followed”.
It has been submitted before the court that order of General Administration Department on 01.09.2016 is directly in violation and contravention of the various direction issued by Supreme Court declaring that Aadhaar is a voluntary Scheme and should not be made mandatory or compulsory.

The court has been apprised that Jammu & Kashmir has only 64% Aadhaar enrollment, which is amongst the lowest number of Aadhaar card holders in the entire country as such Government order is illogical and has been passed without any application of mind.

“Aadhaar Scheme infringes the Right of Privacy and the same is subject matter of five Judge Constitutional Bench of the Supreme Court.  Such impugned Government order undermines and prejudices the case in hand before the Supreme Court as well”, reads the petition.
Because of such impugned order, mentioned in the petition ‘suffers from infirmity with respect to the Constitution of India’ as rest of the citizen of the country in all other parts are exempted from compulsory disclosure and in the State of Jammu & Kashmir people are forced to disclose private information under the cloak of Aadhaar Scheme.
In the said order all Administrative Secretaries have been instructed that salary of the employees from the month of September, 2016, who remain on unauthorized absence from duty shall not be released and action under rules be initiated against them. “Salary of all the employees for the month of August be released in view of the ensuing festival of Eid-ul-Zuha”, reads other condition contained in the Government order.
It may be mentioned that High Court had last month quashed the Government order on Aadhaar Card that was made mandatory for the various purposes including drawing of salary for Government employees.
The court while quashing the order held that the Government order (No. 35-F of 2016 dated 10.2.2016) is in contrary of the orders of Supreme Court as such quashed it and directed the Government to pass fresh order in tune with the direction of Supreme Court.
State Government had issued an order no. 35-F of 2016 dated 10.2.2016 wherein possession of Aadhaar Card was made mandatory for almost all sections of the people including employees, pensioners, Public Sector Unit Holders etc, while as Supreme Court in its interim order in  October 2015, observed that Aadhaar Card is ‘purely voluntary’ and not mandatory and it cannot be made mandatory till the matter is decided by the Supreme Court, one way or the other.