AADHAAR RELATED ARTICLES: 12317 - Aadhaar Linking in India – Now a Mandatory Requirement

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 7, 2017

12317 - Aadhaar Linking in India – Now a Mandatory Requirement - India Briefing

Aadhaar Linking in India – Now a Mandatory Requirement

Posted on November 6, 2017 by India Briefing

By Vasundhara Rastogi

Aadhaar has become one of India’s most convoluted government policies in recent times.

Even as the Supreme Court continues to hear a batch of petitions challenging the legal validity of Aadhaar, the Narendra Modi government has aggressively pushed people in India to acquire the 12-digit unique identification number.

Additionally, it has made it mandatory to link the Aadhaar number to all banking and financial identification and documents, to avail government services.

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The government has rationalized this policy by way of its crackdown on black money in the country: linking the biometric Aadhaar identification will curb the existence of counterfeit accounts and prevent money laundering in India.

The issue of data privacy, however, continues to remain a contentious issue.

Given below is a list of accounts and services that must be linked to your 12-digit Aadhaar number – within the stipulated deadline – to avoid discontinuation of services.

Bank account

The government has made it mandatory for every Indian bank account holder to link their bank accounts with Aadhaar number.

The deadline for doing this is December 31, 2017; post the deadline the de-linked accounts will cease to be operational.

Mobile SIM cards

As per the government directive, telecom operators across India are required to verify all mobile subscribers via Aadhaar-based e-Know Your Customer (KYC). Accordingly, it is mandatory for every new mobile subscriber to provide Aadhaar details while buying new mobile connections.

The last date for linking the existing mobile number with Aadhaar is February 6, 2018.

PAN card

The government had earlier notified that the taxpayers filing income tax returns after July 1, 2017, would be mandatorily required to link their Permanent Account Number (PAN) with Aadhaar for their returns to be processed.

The extended deadline for taxpayers to comply with this directive is December 31, 2017.

Mutual fund investments

Mutual fund investors, too, are required to link their Aadhaar numbers with their respective accounts. This follows a recent amendment in the Prevention of Money Laundering Act (PMLA) Rules, 2017.

Currently, the deadline for linking mutual funds with Aadhaar is December 31, 2017.

RELATED: Tax Compliance Advisory

Pension account

From June 30, 2017, the Employees’ Provident Fund Organization (EPFO) has made it compulsory for its pensioners to submit their Aadhaar numbers. Those who are eligible for pension under the scheme must furnish their Aadhaar details to comply with the EPFO directive.

Death certificate

From October 1, 2017, the government has made it compulsory for the dead person’s Aadhaar number to be linked with their death certificates – to prevent identity fraud and ensure the accuracy of the details of the deceased.

If the deceased did not have an Aadhaar number, the relatives must provide an application stating the same. False declarations will be regarded as an offense under the Aadhaar Act and the Registration of Births and Deaths Act, 1969. Relatives applying for the death certificate will also need to furnish their Aadhaar number to maintain the record.

Social security schemes

Aadhaar is mandatory to avail benefits of several other social security schemes such as Pradhan Mantri Matru Vandana Yojana, Atal Pension Yojana, and Pradhan Mantri Ujjwala Yojana. The deadline to furnish Aadhaar details to avail such benefits is December 31, 2017.

Further, there are the documents and accounts where linking Aadhaar number is not mandatory yet. The holders of such accounts may, however, link their Aadhaar number to simplify the administrative procedures and benefit from enhanced services.

Driving license and registration of new vehicles

In order to curb the issue of fake licenses and recover stolen vehicles, the government has enabled services to link the driving license and the registration of a vehicle with the Aadhaar number of the owner. Though it is not mandatory to link biometric details with the driving license as yet, the linkage will help prevent such illegal practices.

Provident fund

Using the details furnished in Aadhaar, the EPFO aims to reduce the time taken to settle provident fund (PF) claims and go paperless. Beneficiaries linking Aadhaar to their PF account will be able to apply for a claim under the scheme within five days, as opposed to over a month without linking the Aadhaar.