AADHAAR RELATED ARTICLES: 3180 - Aadhaar For Birth, Marriage And Death

In 2009, I became extremely concerned with the concept of Unique Identity for various reasons. Connected with many like minded highly educated people who were all concerned.

On 18th May 2010, I started this Blog to capture anything and everything I came across on the topic. This blog with its million hits is a testament to my concerns about loss of privacy and fear of the ID being misused and possible Criminal activities it could lead to.

In 2017 the Supreme Court of India gave its verdict after one of the longest hearings on any issue. I did my bit and appealed to the Supreme Court Judges too through an On Line Petition.

In 2019 the Aadhaar Legislation has been revised and passed by the two houses of the Parliament of India making it Legal. I am no Legal Eagle so my Opinion carries no weight except with people opposed to the very concept.

In 2019, this Blog now just captures on a Daily Basis list of Articles Published on anything to do with Aadhaar as obtained from Daily Google Searches and nothing more. Cannot burn the midnight candle any longer.

"In Matters of Conscience, the Law of Majority has no place"- Mahatma Gandhi

Ram Krishnaswamy

Sydney, Australia.

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 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.

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

Wednesday, March 27, 2013

3180 - Aadhaar For Birth, Marriage And Death

Aadhaar For Birth, Marriage And Death

By S.G.Vombatkere

25 March, 2013

Countercurrents.org

Extant law makes it mandatory for every citizen to formally register births, marriages and deaths in the family. A birth certificate is proof of age and a death certificate is proof that a person has died and, for example, his/her name is to be deleted from a Voter's List. A marriage certificate shows that a man and a woman are legally married, their living together is socially acceptable and their progeny are legitimate. The civic body recording these events issues birth, marriage and death certificates, which are legal, primary civic documents concerning biological persons for identity, legal liability and inheritance, besides other legal, social and welfare purposes.

Government of Delhi (GoD) has very recently announced [http://indiatoday.intoday.in/story/uid-number-aadhar-scheme-identification-crisis/1/259075.html "With 95 per cent registrations in order, Delhi to soon switch to UID numbers for utility services”] that “[f]rom paying bills to getting a driving licence, Delhiites will soon have to depend on a unique identification (UID) number to avail a host of utility services”. The Chandigarh UT administration had made the UID-Aadhaar number mandatory for registration of motor vehicles and for obtaining driving licences. The order was challenged in the Punjab & Haryana High Court, and was withdrawn. GoD now passing a similar order in ignorance of the Chandigarh case, will result in coercing citizens to enroll for the Aadhaar number or to engage in unnecessary litigation. Demanding an Aadhaar number for transactions (paying bills, driving licence, etc) where the citizen is paying for the service rendered with no loss to the state, is without logical or legal strength – it appears to be a crude ploy to force people into enrolling for UID-Aadhaar.

Administrations appear to be ignorant of the basis of civic documentation, because they are even making the UID-Aadhaar number mandatory for citizens to obtain basic civic documents like birth, marriage and death certificates, as GoD has done. How would a birth certificate be issued in respect of an infant whose parents do not have Aadhaar numbers? How would the death certificate be issued in respect of a person whose death is reported by his progeny if the deceased or his progeny do not have an Aadhaar number? There are other questions, but suffice it to say that birth, marriage and death are the most fundamental events for biological persons, and when responsibly reported to civic authorities as mandated by law, the civic authorities are duty bound to unconditionally register these events. Possession of certificates recording these events are the right of every citizen.

If issue of birth and death certificates are made subject to UID-Aadhaar, it is entirely possible that numbers of people may be demographically excluded because they were not able to obtain those certificates for want of the Aadhaar number. To carry the argument a bit further, if a man and a woman without Aadhaar numbers marry, they will not be able to get a marriage certificate, without which their children will be technically illegitimate. Also, their children will not be able to get birth certificates. Thus, the whole family will become non-persons. In fact, such a couple without a UID number would be well advised to use an IUD or other contraceptive device, and produce no children!

Civic authorities demanding a UID-Aadhaar number (which is not covered by any extant law) as a pre-condition for issue of a primary civic document which is mandated by law, puts bureaucratic ignorance and callousness on display. The political executive which is finally responsible cannot plead ignorance. The coercive mission of UIDAI is being pushed to ridiculous lengths by political-bureaucratic incompetence.

Major General S.G. Vombatkere retired as the Additional Director General, Discipline & Vigilance in Army HQ, New Delhi. The President of India awarded him the Visishta Seva Medal in 1993 for distinguished service rendered over 5 years in Ladakh. He holds a PhD degree in Structural Dynamics from IIT, Madras. He is Adjunct Associate Professor of the University of Iowa, USA, and is a member of NAPM and PUCL. He writes on strategic and development-related issues.

E-mail: sg9kere@live.com