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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Friday, December 23, 2016

10599 - Teen mother, child must undergo DNA profiling, rules Madras HC - TNN


Mani Chitoor | TNN | Nov 12, 2016, 10.18 PM IST

CHENNAI: A 18 year old girl and her four month old child will now undergo DNA profiling to ascertain the child's paternity, under very strange circumstances. If paternity test is successful, the child's father will go to jail under Protection of Children from Sexual Offences (Posco) Act, 2012. 

Madras high court ordered the DNA profiling after seeing through the girl's (identified as 'X' by the court) attempts to sabotage the trial in order to save her 'husband' from Posco Act offence. "Administration of justice cannot be jeopardized in the hands of witnesses like "X" who have their own good reasons for not coming forward with the whole truth, despite the requirements imposed by Section 132 of the Evidence Act and Section 8 of the Oaths Act, 1969. Witnesses not speaking the truth is a cancer that is afflicting the health of the criminal justice system," the judge said. 

The girl, identified as 'X' by Madras high court, was made to live with her own uncle - Manikandan — by her family members and she became pregnant in March 2015, at the age of 17 years and some months. The case was brought out in the open by another woman, who had sexual relationship with Manikandan, as he had promised to marry her. After being dumped by him, she lodged a complaint and the pregnant 'X' was treated as a victim under the provisions of Posco Act. 

However, by the time trial started in a Perambalur court in January 2016, the girl had given birth to a child. She delivered the baby, identified by the court as 'Y', in September 2015 itself.

During trial, perhaps faced with the fact that narrating the fact would confirm the guilt of her 'uncle-husband' for rape and would land him in jail, she said she had married a person bearing the same name as that of her uncle. She said her 'husband' lived abroad, and that she had not married her husband.

Realising that the girl, who was a crucial prosecution witness to punish the man, was sabotaging the trial, the prosecution sought DNA profiling of the girl and her child so that the man's offence under Posco Act could be proved. After the Perambalur court acceded to the prosecution request, the present petition was filed on the ground that 'X' could not be directed to submit herself and 'Y' for DNA profiling. By doing that, it may have the consequence of bastardizing 'Y', which should not be permitted and that she has a right to privacy under Article 21 of the Constitution, her counsel argued.

"It is not the paternity of the child that is in issue. The issue before this court is whether Manikandan has committed an offence under the POCSO Act. The issue of legitimacy would only be incidentally involved. One has to see the picture on a larger canvas and if so seen, there can be no doubt that the harm that would befall the administration of criminal justice is far greater, if witnesses like "X" and her child cannot be subjected to DNA profiling. The harm that would befall if such a power is not recognised in the trial court will be far greater, because it will be easier for people to prey upon minor girls from downtrodden communities like predators and force them to turn turtle in the witness box. There is, therefore, an eminent need to subject "X" and her child to DNA profiling in order to arrive at the truth," the judge said.