AADHAAR RELATED ARTICLES: 8729 - Centre, states plan to approach Supreme Court for saving Aadhaar

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, September 23, 2015

8729 - Centre, states plan to approach Supreme Court for saving Aadhaar - Economic Times

Centre, states plan to approach Supreme Court for saving Aadhaar

By Surabhi Agarwal, ET Bureau | 21 Sep, 2015, 03.59AM IST

NEW DELHI: The Centre and some state governments plan to approach the Supreme Court seeking a review of its recent decision to restrict the use of Aadhaar to just food and LPG subsidy, virtually making all other linkages illegal.

The governments have the backing of the Reserve Bank (RBI), which has already filed an application in the top court seeking clarity on whether banks can continue to use the unique identification number as an identity and address proof for opening accounts.

"The order is a little ambiguous, it is unclear on what they mean," said senior advocate Jayant Bhushan, who is representing the central bank in this matter. He said that RBI is seeking clarity on what should its approach be if a resident wants to voluntarily use Aadhaar for banking services and has no other means of identification. "What are we supposed to do in such a case, say sorry, you can't use it (Aadhaar), get something else?" said Bhushan, who is also brother of activist advocate Prashant Bhushan ..

Over the last one month, Aadhaar has received blow after blow. The Election Commission, Employees Provident Fund Organisation, ministry of rural development (MGNREGA), and the finance ministry administering the Jan Dhan Yojana have issued directives to reconsider or halt their ongoing linkages with the project to avoid contempt of court.

On Saturday, RBI Governor Raghuram Rajan said, "We need greater clarity on the matter, especially after the recent Supreme Court ruling which says having Aadhaar card is not mandatory for availing of benefits." Making a case for Aadhaar, Rajan said its usage can help a deserving person get credit, avoid over-borrowing by individuals and plug leakages.

In the last few years, use of Aadhaar as a valid proof of address and identity has found great acceptance among banks for disbursing financial services and had become one of the largest use cases for UID. There are over 21 crore Aadhaar linked bank accounts in the country currently.

The central government and some states such as Jharkhand are also preparing the ground to file review petitions.

A senior official in the know said the Centre's office of Direct Benefits Transfer is readying to file a review. "We are trying to find a solution to address the court's concern on privacy which should help in getting some respite for Aadhaar," the official said, adding that a decision will be taken within ten days and.

The move is aimed at ending the confusion in departments and ministries over Aadhaar.

In August, the Supreme Court had ruled that Aadhaar will not be used for any other purposes except PDS, kerosene and LPG distribution system. It also said that the information received by UIDAI shall not be used for any other purposes, except in criminal investigation with the permission of the court.

"This order is affecting us badly," said an official of Jharkhand government, which has linked Aadhaar for transfer of old age pension, scholarships and was planning to use it for monitoring the midday meal scheme also.

Jharkhand plans to file an appeal in the court to request modification of the order so that it can continue to use Aadhaar for delivery and monitoring of its welfare schemes. "Aadhaar is used for not just availing of benefits but also for effective implication of existing schemes. Which other means enables a government to monitor how many children actually ate their midday meal and give funds to the school accordingly?" the state official said.

So far more than 90 crore people have enrolled for Aadhaar.

It has also found great support in the Narendra Modi government.