AADHAAR RELATED ARTICLES: 12837 - From Aadhaar to probe into Judge Loya’s death: Cases in the Supreme Court this week

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, February 20, 2018

12837 - From Aadhaar to probe into Judge Loya’s death: Cases in the Supreme Court this week - Hindustan Times

From Aadhaar to probe into Judge Loya’s death: Cases in the Supreme Court this week

This week the Supreme Court will hear several important cases.

INDIA Updated: Feb 19, 2018 08:55 Ist

HT Correspondent

Hindustan Times, New Delhi

Hearings for several important cases will continue in the Supreme Court this week.(HT File Photo)

The Supreme Court will during the week continue to hear several important cases, including petitions that challenge Aadhaar, pleas for probe into the death of special CBI judge BH Loya and the Kerala ‘love jihad’ case.

A list of cases in the top court this week:

Aadhaar petitions

A five-judge constitution bench led by CJI Dipak Misra will resume the hearing of petitions challenging the Aadhaar. Arguing for the West Bengal government, Congress leader and senior advocate Kapil Sibal had said the consequences of a verdict in the case will be far more critical for the country than the decision given in 1976, which upheld the suspension of fundamental rights, during the Emergency.

Judge Loya

An apex court bench headed by CJI Misra will also take up petitions asking for an independent probe into the death of CBI special judge BH Loya, who was hearing the Sohrabuddin Sheikh encounter case, when he died of cardiac arrest on December 1, 2014. Last week, the Maharashtra government had rebutted the charges levelled by the petitioners against the state and said the four judges, who were with Loya at the time of his demise, had termed his death “natural.”

Haj pilgrim selection

Kerala State Haj Committee’s plea to have an all-India system to select pilgrims for the Haj pilgrimage will be heard by the CJI-led bench. The Centre is likely to give its response to the petition.Asserting that the current draw of lots system is discriminatory, the committee has contended that Kerala has a higher number of people who want to go for Haj than states like Bihar. The petition challenges the centre’s decision to revoke exemption given to fifth time applicants from the state.

Hadiya case

Petition by Shafin Jahan, questioning the Kerala HC judgement annulling his marriage to Hadiya, a Hindu woman who converted to Islam, will also come up for hearing this week. On the last hearing, the top court had asked the National Investigation Agency (NIA) to stay away from probing into Hadiya’s choice to marry Jahan.

NIA has argued before SC that Hadiya was indoctrinated, radicalized and brainwashed.

Pensions for MPs

An SC bench led by Justice J Chelameswar will hear the plea filed by the Lucknow-based NGO Lok Prahari, seeking an end to the pensions given to parliamentarians. The petitioner has argued there are no guidelines for allowances received by members of parliaments.

Cow slaughter ban

Cross petitions challenging Bombay HC verdict that banned cow slaughter in Maharashtra but allowed for sale and possession of beef brought into the state from outside will also come up for arguments.

Thirty social activists from the state have assailed the HC direction to ban cow slaughter on the ground that it “violated” one’s right to choose food, which they said breaches the fundamental right to live.