AADHAAR RELATED ARTICLES: 11562 - NOW, YOU HAVE THE RIGHT TO BE FORGOTTEN

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, June 28, 2017

11562 - NOW, YOU HAVE THE RIGHT TO BE FORGOTTEN - Bangalore Mirror

NOW, YOU HAVE THE RIGHT TO BE FORGOTTEN

By Shyam Prasad S, Bangalore Mirror Bureau | Jun 26, 2017, 03.00 AM IST

HC recognises and grants request to erase name from online case records

In the times of the all-pervasive Internet, the High Court has recognised the ‘Right to be forgotten’. Even after a case is disposed by the HC, the name, address and other details, including the order copy of that particular case, is available on the court’s website. Due to digitisation of court documents, an online search of a person’s name reveals all these details if he/she has ever been associated with a case.

In January this year, Justice Anand Byrareddy allowed a petition by the father of a woman, who was involved in a divorce case, to remove her name from the records so that it would not reflect in online searches. “This would be in line with the trend in the Western countries where they follow this as a matter of rule — the right to be forgotten — in sensitive cases involving women in general and highly sensitive cases involving rape or affecting the modesty and reputation of the person concerned. The petition is disposed of accordingly,” the court had ordered.

Following this order, there are other petitioners who are approaching the court with similar requests. On June 15, Justice AS Bopanna allowed a similar petition by another woman who wanted her name to be removed from online records. She had cited “certain embarrassment and hardship” she was facing due to her name being reflected in court records online.

However, it does not mean that the names of the petitioners who make such requests will be erased. If a certified copy of the particular order is applied for, “the name would certainly be reflected in the copy of the order,” the HC has specified in the first case. Advocates routinely apply for official copies of court orders which they require.

A NEW RIGHT

Two years ago, advocate GR Mohan filed a petition on behalf of a 35-year-old businessman who faced a similar situation. He had divorced his wife after a long legal battle that included criminal allegations against him. The issue was settled by way of a compromise and the allegations were withdrawn by his then wife. But when he tried to marry a second time, he found that the display of the case details on the HC’s website was hampering his prospects.

“In that case, the court had ruled that it was not possible to remove the name from the online records. The computer committee of the HC had reported that it was not possible. But times seem to have changed. The larger question of right to privacy is also at stake. Even when you are acquitted of charges, the stigma sticks as your name will be seen online in connection with the case. The recognition of right to be forgotten is a welcome development,” Mohan said.