AADHAAR RELATED ARTICLES: 4840 - IS IT SC VS SC ON AADHAAR MANDATE?

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, October 16, 2013

4840 - IS IT SC VS SC ON AADHAAR MANDATE? - Daily Pioneer

IS IT SC VS SC ON AADHAAR MANDATE?

Tuesday, 15 October 2013 | Abraham Thomas | New Delhi

The Government is in no mood to tamely accept the Supreme Court’s September 23 directive not to make Aadhaar card mandatory for availing the benefit of subsidised welfare schemes.

The Unique Identification Authority of India (UIDAI) has approached the SC with an application citing two orders by the apex court that are in conflict with the latest order.

Presenting the two SC orders, the UIDAI, the implementing agency for Aadhaar cards, has approached the court for re-linking Aadhaar with the distribution of social welfare schemes. The application will be heard on October 22.

The SC, which raised questions on the legal basis of issuing Aadhaar cards, now faces a predicament as on the two occasions it ordered implementation of Central and State welfare schemes through Aadhaar.

The first occasion came in 2011 when the SC, while dealing with a PIL monitoring the public distribution scheme (PDS), directed Aadhaar databank to be used for computerisation of PDS.

“This will help in streamlining the process of biometric collection as well as authentication,” the court said in its order of September 14, 2011. The matter is still pending with the court as the Centre agreed to link PDS with the Aadhaar registration for eliminating pilferage of foodgrains and bogus beneficiaries.

In February this year, the court acknowledged the in-built credibility of the Aadhaar card in a case from Kerala. Here, a dispute was brought to court where a Government school misrepresented on the actual strength of students in order to wrongfully obtain a higher staff strength order and a corresponding hike in fees and increments.

The Kerala Government, which initially ordered a police enquiry into the irregularity, proposed to verify the count of students through the Unique Identification card.

The suggestion was acceptable to a bench of Justices KS Radhakrishnan and Dipak Misra, who then directed the Education Department of the State to “issue UID card to all schoolchildren” by its judgement dated February 6.

In its September 23 order, the apex court held that no person will be compelled to have an Aadhaar card as a pre-condition to avail Government schemes or services. It had asked for the law and rules governing Aadhaar before allowing it to be used as the medium for channeling Government subsides.

The order has left the Centre in a fix as 28 welfare programmes have been linked to the identification database of Aadhaar.Through its application, the UIDAI reassured the court that Aadhaar will only matter for availing subsidy and not service under the scheme. There would also be no compromise as regards privacy of information, it informed.

The other concern of the court regarding Aadhaar being issued to illegal immigrants was also met by the Authority with an argument that Aadhaar was a proof of identity and not proof of citizenship. However, it undertook to address any “failings and inadequacies”.