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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Monday, April 24, 2017

11106 - SC questions Centre for making Aadhaar mandatory for PAN - India Today


April 21, 2017 | UPDATED 19:30 IST

New Delhi, Apr 21 (PTI) The Centre today faced searching questions from the Supreme Court for making Aadhaar mandatory for PAN cards, despite its order that it should be optional.

The government tried to justify its stand saying that fake permanent account number (PAN) cards were being used to "divert funds" to shell firms.

Attorney General Mukul Rohatgi made the submission as a bench comprising Justices A K Sikri and Ashok Bhushan asked him why Aadhaar has been made mandatory for applying for PAN when the apex court had earlier said it should be made optional.



















Responding to the courts query, Rohatgi said the government has found that lots of fake PAN cards have been procured on the basis of fake ration cards and other documents and these were used to divert funds to shell companies.

He said there were instances were a person was found to be having several PAN cards and to stop such situation, it has been decided to make Aadhaar mandatory while applying for PAN.
"There is a legislative mandate now. Section 139AA of the Income Tax Act says so. It is the only option as we have found that people were getting PAN cards on fake ration cards and such PANs were used to divert fund to shell companies," the Attorney General told the bench.

To this, the bench observed "is this the remedy that you need to have Aadhaar for having PAN? Why has it been made mandatory despite this courts order?"

Section 139AA of the Income Tax Act, introduced by the Finance Act 2017, provides for mandatory quoting of Aadhaar or enrolment ID of Aadhaar application form for filing of income tax returns and for making application for allotment of PAN number with effect from July 1 this year.

Rohatgi referred to an earlier case and said they had found that SIM cards for mobile phones were procured on fake identity cards and the apex court had asked the Centre to put in place an effective mechanism to scrutinise it.

Senior counsel Arvind Datar, representing the petitioner, told the bench that they have challenged the constitutional validity of section 139AA of the income Tax Act which has made Aadhaar mandatory for applying for PAN card as well as for filing income tax returns.

"As per this section, if one does not have Aadhaar card, he cannot have a PAN. This would create huge difficulties," he told the bench which said it would hear arguments on the plea on April 25.

The apex court was hearing a plea filed by CPI leader Binoy Viswam challenging constitutional validity of section 139AA of the Income Tax Act.

The apex court had on March 27 made it clear that Aadhaar cards cannot be made mandatory by the government for extending benefits of social welfare schemes. It had, however, said that Centre cannot be barred from seeking Aadhaar cards, which are issued by UIDAI, for "non- benefit" purposes like filing of IT returns and opening of bank accounts.

The court had also said that a constitution bench was needed to be constituted to authoritatively decide on a batch of petitions challenging the Aadhaar scheme on grounds including that it infringes on the Right to Privacy of citizens.

The apex court on August 11, 2015 had said Aadhaar cards will not be mandatory for availing benefits of governments welfare schemes and barred the authorities from sharing personal biometric data collected for enrollment under the scheme.
However, on October 15, 2015 it had lifted its earlier restriction and permitted the voluntary use of Aadhaar cards in welfare schemes that also included MGNREGA, all pension schemes and the provident fund besides ambitious flagship programmes like Pradhan Mantri Jan Dhan Yojna of the NDA government. PTI ABA MNL SJK RKS ARC



This is unedited, unformatted feed from the Press Trust of India wire.