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 scholarUsha Ramanathandescribes 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

Friday, July 14, 2017

11597 - Aadhaar privacy issue: Supreme Court's 5-judge Constitution Bench to hear case on 18 July

Aadhaar privacy issue: Supreme Court's 5-judge Constitution Bench to hear case on 18 July
BusinessFP StaffJul, 12 2017 11:47:57 IST

The Supreme Court on Wednesday said that a five-judge Constitution bench will hear matters related to the Aadhaar on 18 and 19 July, including the aspect of right to privacy.

The matter was mentioned before a bench comprising Chief Justice J S Khehar and Justice D Y Chandrachud which said that its five-judge Constitution Bench will hear Aadhaar-related matters.

Attorney General K K Venugopal and senior advocate Shyam Divan, appearing for petitioners who have challenged government's move to make Aadhaar mandatory for various public welfare schemes, jointly mentioned the matter before the bench and requested that there should be an early hearing by the Constitution Bench in the matter.




When Justice Khehar asked Venugopal and Divan as to whether the matter was to be heard by a seven-judge Constitution Bench, both the parties said that it has to be heard by a five-judge bench.

The Attorney General and Divan mentioned the matter before the CJI as a three-judge bench had on 7 July said that all issues arising out of Aadhaar should finally be decided by a larger bench and the CJI would take a call on the need for setting up a Constitution Bench.

It was in August 2015 that the Supreme Court (SC) referred to a Constitution Bench a batch of petitions challenging the Centre's ambitious scheme to provide Aadhaar card to all citizens and decide whether right to privacy is a fundamental right.

Attorney General Mukul Rohatgi, appearing for the Centre, had said that the matter requires elaborate debate and an authoritative pronouncement in view of the fact that there have been inconsistent decisions as to whether right to privacy is a fundamental right.

He had cited two judgements, pronounced by six and eight- judge benches, which had held that right to privacy is not a fundamental right.

Subsequently, smaller benches had held contrary view and, hence this matter needed to be decided by a larger bench, the attorney general had said.

After the matter was referred to a constitution bench, smaller benches have been taking up issues relating to Aadhaar time and again and were also passing orders.

On 27 June, a three-judge bench of the SC had refused to pass an interim order against the Centre's notification making the Aadhaar mandatory for availing benefits of social welfare schemes after the government assured it that no one would be deprived for want of this identification.

Earlier, the apex court had passed a slew of orders asking the government and its agencies not to make Aadhaar mandatory for extending benefits of their welfare schemes.

The apex court, however, had allowed the Centre to seek Aadhaar card voluntarily from citizens for extending benefits of schemes like LPG subsidy, Jan Dhan scheme and Public Distribution System.

Once the Constitution Bench decides on the right to privacy issue, all other cases related the Aadhaar is expected to be resolved.

With PTI inputs

Published Date: Jul 12, 2017 11:23 am | Updated Date: Jul 12, 2017 11:47 am