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

Sunday, May 20, 2018

13557 - Supreme Court judge Jasti Chelameswar retires - Scroll.In


In keeping with tradition, he sat in the chief justice’s court with Dipak Misra and Justice DY Chandrachud for a short period on Friday.

Published Yesterday · 01:52 pm Updated Yesterday · 04:58 pm.

IANS

Friday was the last working day for Justice Jasti Chelameswar, the second senior-most judge in the Supreme Court. The judge is set to retire on June 22 but his last working day was on Friday, when the Supreme Court closes for the summer vacations. By the time it reopens on July 2, his tenure would be over.

Dispelling speculation that he would break with tradition, Chelameswar sat in the chief justice’s court with Dipak Misra and Justice DY Chandrachud on Friday. It is a tradition in the Supreme Court that a judge who is retiring from office sits in the chief justice’s court on their last working day. However, since he had turned down an invitation by the Supreme Court Bar Association for his farewell – another tradition – there were rumours that he would not appear in the chief justice’s court on his last working day.

The bench convened at 10.35 am for a short period of time, Bar and Bench reported, adding that three members of the Bar paid their tributes to the judge in open court.

Advocate Prashant Bhushan said, “Future generations will remember your contribution to democracy and the country,” while senior advocate Rajiv Dutta thanked Chelameswar for “upholding the ideals of the institution”. Advocate Gopal Sankaranarayanan, in his farewell speech, also thanked the judge and said his grace towards junior members of the Bar will always be appreciated.

Dissenting voice
Chelameswar was one of the four Supreme Court judges who had in January openly protested against alleged maladministration in the top court on Chief Justice Dipak Misra’s watch. In March, he wrote to Misra expressing concern about the government’s interference in judicial functioning.

He has spoken up in several other matters, including some relating to judicial appointments, the collegium system, and had also gone public with his decision to boycott meetings of the collegium, alleging lack of transparency and accountability. He also played a major role in getting the chief justice of India to disclose decisions the secretive collegium made on the Supreme Court’s website.

Lost the chance to be India’s chief justice
Chelameswar was appointed additional judge in the Andhra Pradesh High Court in 1997. While he was made Chief Justice of the Gauhati High Court in May 2007, he was not elevated to the Supreme Court till until October 2011. The unexplained delay denied him the chance to be chief justice of India.

His landmark judgements include striking down Section 66A of the Information Technology Act. He also headed the bench that referred the matter on Aadhaar’s privacy concerns to a larger Constitution bench.


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