Forcing people to get Aadhaar card: A violation of Supreme Court order
When Aadhaar was unfolded with a lot of fanfare by UPA-II government, serious objections tumbled out from print and electronic media and several few experts pinpointing the grave risks to the citizens. By collecting and holding all the personal details, the state can easily put the individuals to ransom, if needed. We are regularly flooded with information how unscrupulous elements are playing havoc with our money in banks by way of knowing our account number or credit card details or ATM pin. Less we talk about our Income Tax returns exposed to mafia elements, the better.
All personal information about the citizens will also be available with the private companies involved in the UID scheme for a period of 7 years. There are very many outside companies. One such company was promoted by the notorious Central Intelligence Agency (CIA) of the USA.
In Focus
A Public Interest Litigation (PIL) was filed in the Apex Court challenging the validity of Aadhaar on several grounds. Infringing the fundamental rights of a citizen and endangering the sovereignty of the nation were among several issues pointed out in the PIL. The petition was admitted by the Supreme Court and the matter is subjudice.
During the interregnum, oil marketing companies (OMCs) started insisting people to produce Aadhaar card to avail subsidy on cooking gas. Several other state agencies forced people to produce Aadhaar card to enjoy a few other facilities. This was brought to the notice of the Supreme Court by the petitioners.
The Supreme Court had scrapped the Aadhaar card in its interim order, saying that it was not mandatory to avail the card to get government subsidies. But people are still being asked to furnish the cards, once they are issued, to get subsidy on cooking gas cylinders.
The Central govt had already spent Rs.8000 on this fancy scheme without the sanction of Parliament. While the validity is under challenge before the Apex Court, the state govts are going ahead with the scheme in breakneck speed. People are cajoled and threatened by the state in various fora to rush and enrol failing which they will be denied several benefits.
Opening a bank account be possible only when a citizen produces Adhaar card is another threat. What will happen to all these efforts, harassment to the public and the money spent already/being spent now, if the court strikes down the UID scheme?
Documents provided by consumer activists show that consumers wanting to avail non-Aadhaar-based LPG subsidy transfer need to make a submission that they will furnish the Aadhaar card to the bank once it is issued to them. One of the testimonies needed to be submitted by the non-Aadhaar card holders to the bank as well as the LPG distributor goes like this: "I confirm that I do not have Aadhaar number as on date. As soon as I receive the Aadhaar number, I will link the same to my LPG consumer number by giving a copy of the same to my distributor and also will get it linked to my bank account."
If a consumer does not give the Aadhaar card despite having it, he will face punishment under the Indian Penal Code for giving false information.
Justice K S Puttaswamy, a retired judge of the High Court of Karnataka, who had moved the Supreme Court against the Aadhaar card, termed these measures contrary to the BJP's national manifesto and the Supreme Court directions.
"The interim orders passed by the Supreme Court on a batch of petitions on Aadhaar card have virtually scrapped the Unique Identity (UID) scheme. Yet, the government is pushing for it. The BJP is stepping back from its poll promises," said Justice Puttaswamy. The Centre was trying to push for the project by bringing in the National Identity Authority Bill in parliament.
Officials promoting this scheme believe that diversion of subsidised LPG can be checked through the UID. It is a bogus claim. The subsidised cylinders can be diverted even after making Aadhaar mandatory.
The percentage of diversion is now at a minimum as the oil companies have understood the problem and have taken many corrective measures. The OMCs have realised that a 14.25-kg cylinder will be enough for a family of four for 21 days. So nobody can avail a refill cylinder before 21 days. Another important measure is the IVRS system whereby the oil companies have stopped the distributors from accepting the request for a refill cylinder.
The consumers can directly call the IVRS number and the request is forwarded to the distributor. Whenever a bill is raised, the consumer gets an SMS alert. Unless the consumer colludes, there is no possibility of diversion of subsidised cylinder. According to a few studies during the past four years, Aadhaar - which is expected to check the misuse of government schemes for poor people - is a fraud.
Aadhaar was linked to the LPG delivery system to achieve the registration target, on which already Rs 8,000 crore has been spent. When the Centre realised that they were failing in this scheme due to lack of interest among the people, particularly the middle class, they linked LPG subsidised cylinders to Aadhaar.
These contradictions were brought to the notice of the courts by some activists. In the lower court, they failed. But, when they learnt about a PIL in the Supreme Court, they intervened in the petition. They expanded the argument by bringing discrepancies to the notice of the Apex Court.
They also expressed serious reservations over the UID, saying that US-based L-1 Identity Solutions, where one retired CIA director - George Tenet - is on the roll, has been assigned the task to execute the program. If we are conscious citizens, should we not file a batch of contempt of court petitions against the Centre, State Govts, banks and OMCs over the violation of its order?
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