Aadhar project is managed by Nandan Nilekani as the head of unique identification authority of India (UIDAI). The main purpose of Aadhar project is to facilitate the e-surveillance exercise of India. It has nothing to do with improvement and reforms of public distribution (PDS) system of India. Even the National Food Security Bill 2010 has no mention of the Aadhar project or similar project as a tool to reform PDS and effectuate right to food in India.
Meanwhile in an important development, that has far reaching consequences, Ratan Tata has shown his displeasure over phone tapping and surveillance exercises of Indian authorities. He is going to file a writ petition under article 32 of Constitution of India at the Supreme Court of India for violation of his right to privacy.
This is a “Golden Opportunity for the Supreme Court of India to “Reaffirm” what it has specified in the PUCL Case regarding Right to Privacy and Prohibition against Illegal Phone Tapping, says Praveen Dalal a Supreme Court Lawyers and leading Techno Legal Expert of India.
According to Praveen Dalal, the Indian Government conferred upon itself Vast, Unregulated and Unconstitutional E-Surveillance Powers and Internet Censorship Powers through the Information Technology Amendment Act 2008 (IT Act 2008). The way E-Surveillance and Internet Censorship Powers have been given to Indian Government and Its Instrumentalities and Agencies under the IT Act 2008 is simply “Unconstitutional” and is going to “Violate” the Civil Liberties of Indians in the future, informs Dalal.
Now is the right occasion for the Supreme Court of India to test the “constitutionality” of Aadhar project/UIDAI, national intelligence grid (Natgrid), crime and criminal tracking network and systems (CCTNS), etc.
Similarly, it would be a good idea if the scope of writ petition by Tata is widened from privacy violation to e-surveillance and internet censorship issues as well. Similarly, the “constitutionality” of the IT Act 2008 and Indian Telegraph Act must also be challenged by the lawyers of Tata.
Supreme Court of India has always protected the Civil Liberties of Indians and if this case is filed by Mr. Ratan Tata we can witness a “Historical Moment” in the realm of Civil Liberties Protection in Indian Cyberspace, opines Praveen Dalal. Let us hope for the best and wish all the best to Tata for his case as in his case lies our own fate regarding civil liberties protection in Indian cyberspace.