AADHAAR RELATED ARTICLES: 5204 - Aadhaar under fire in Supreme Court as petitioners seek to 'opt out'

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

Thursday, February 27, 2014

5204 - Aadhaar under fire in Supreme Court as petitioners seek to 'opt out' - Daily Mail UK

Aadhaar under fire in Supreme Court as petitioners seek to 'opt out'

By HARISH V NAIR

UPDATED: 22:46 GMT, 16 February 2014

The raging row over Aadhaar cards has taken a new twist in the Supreme Court.

While heated arguments have been on for the past six months over the constitutional validity of the card and making them mandatory to get benefits, new petitions are now being filed by individuals for permission to 'opt out' of the scheme.

These people are seeking the destruction of all personal information and details stored in the Unique Identification Authority of India's database, to prevent abuse.

New troubles

This has given a new headache to the UIDAI, the Centre's nodal agency which issues the cards.

Though the three-judge bench headed by Justice B.S. Chauhan is yet to pass final orders on the affidavits filed by two deponents - Reetika Khera, an Economics Professor at IIT Delhi, and Sahana Manjesh, a lawyer - judges are of the prima-facie view that the deponents should first approach the UIDAI with their plea because otherwise such petitions have "no sanctity before the court".

Khera and Manjesh think the manner in which biometric details are collected - without any safeguard - by private contractors and NGOs hired by the UIDAI makes it prone to misuse.

They contend that biometric identification denoted for UID, namely the iris scan, finger print identification, and the personal details collected, can easily be misused by a miscreant.

More such petitions are expected to be filed, especially because of the Supreme Court interim ruling of September 23, 2013, where the apex court said that the card cannot be made mandatory to enjoy government schemes and subsidies.

Glitches

"There are serious problems the way the UID project is being implemented. At some places in the enrolment form, the consent box was being checked without asking or explaining to people what it meant.

"There were other glitchces too - such as year and date of birth was being arrived at by guessing. This has implications for those schemes where age is an eligibility parameter like scholarships or pensions", Khera, who attended various Aadhaar enrolment camps, said in the affidavit.

"There is a complete lack of awareness on the absence of data protection and potential misuse of biometrics. The data collected from me was without providing me proper knowledge of risks involved. In such cases, it is necessary that I be permitted to opt out of the Aadhaar enrolment number allotted to me with a guarantee that data collected from me will be destroyed completely," he added.

Denying that citizens' right to privacy was being violated, the UIDAI has said it does not in any way part with any confidential information.

"The details given are not accessible even to the persons who seek verification of the identity of the Aadhaar card-holder," the centre said in its affidavit.