AADHAAR RELATED ARTICLES: 10513 - HC stays Govt order on 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

Tuesday, November 8, 2016

10513 - HC stays Govt order on Aadhaar - Daily Exc4elsior

HC stays Govt order on Aadhaar

Posted on 5/10/2016 by Dailyexcelsior

Excelsior Correspondent

Srinagar, Oct 4: The State High Court today stayed the Government order regarding installation of Aadhaar Enabled Biometric Attendance System (AEBAS) in Government departments to ensure the attendance of Government employees.

The fresh order of Government has been passed for making the procurement of Aadhaar card mandatory for Government employees for AEBAS and the Aadhaar Card as mandatory has been stayed by the Division Bench of Chief Justice N Paul Vasanthakumar and Justice Ali Mohammad Magrey with the observation that the Supreme Court has already held Aadhaar is not mandatory.

“This Court as well as Supreme Court has held that till pendency of orders to be passed by the Supreme Court, the Aadhaar has been made compulsory, in light of the orders passed, there shall be an interim stay of ordering in so far insisting for Aadhaar Card is concerned”, directed the DB and also issued notice to the Government through Chief Secretary of the State and the notice has been accepted in open court by the State Counsel M A Beigh (Dy AG).

In its order Supreme Court has made it clear that “Aadhaar Card Scheme is voluntary and cannot be made mandatory till the matter is decided by the Supreme Court in one way or the other and the interim orders shall be strictly followed”.
It has been submitted before the court that order of General Administration Department on 01.09.2016 is directly in violation and contravention of the various direction issued by Supreme Court declaring that Aadhaar is a voluntary Scheme and should not be made mandatory or compulsory.

The court has been apprised that Jammu & Kashmir has only 64% Aadhaar enrollment, which is amongst the lowest number of Aadhaar card holders in the entire country as such Government order is illogical and has been passed without any application of mind.

“Aadhaar Scheme infringes the Right of Privacy and the same is subject matter of five Judge Constitutional Bench of the Supreme Court. Such impugned Government order undermines and prejudices the case in hand before the Supreme Court as well”, reads the petition.
Because of such impugned order, mentioned in the petition ‘suffers from infirmity with respect to the Constitution of India’ as rest of the citizen of the country in all other parts are exempted from compulsory disclosure and in the State of Jammu & Kashmir people are forced to disclose private information under the cloak of Aadhaar Scheme.
In the said order all Administrative Secretaries have been instructed that salary of the employees from the month of September, 2016, who remain on unauthorized absence from duty shall not be released and action under rules be initiated against them. “Salary of all the employees for the month of August be released in view of the ensuing festival of Eid-ul-Zuha”, reads other condition contained in the Government order.
It may be mentioned that High Court had last month quashed the Government order on Aadhaar Card that was made mandatory for the various purposes including drawing of salary for Government employees.
The court while quashing the order held that the Government order (No. 35-F of 2016 dated 10.2.2016) is in contrary of the orders of Supreme Court as such quashed it and directed the Government to pass fresh order in tune with the direction of Supreme Court.
State Government had issued an order no. 35-F of 2016 dated 10.2.2016 wherein possession of Aadhaar Card was made mandatory for almost all sections of the people including employees, pensioners, Public Sector Unit Holders etc, while as Supreme Court in its interim order in October 2015, observed that Aadhaar Card is ‘purely voluntary’ and not mandatory and it cannot be made mandatory till the matter is decided by the Supreme Court, one way or the other.