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

Sunday, January 10, 2021

Supreme Court To Consider Review Petitions Against Aadhaar Verdict Tomorrow


Supreme Court To Consider Review Petitions Against Aadhaar Verdict Tomorrow

- LIVELAW NEWS NETWORK
Update: 2021-01-10 06:43 GMT



The review petitions against the September 2018 verdict of the Supreme Court upholding the Aadhaar project are listed before a five judge bench tomorrow.

A Constitution Bench comprising Justices AM Khanwilkar, DY Chandrachud, Ashok Bhushan, S Abdul Nazeer and BR Gavai will consider the petitions at 1.30 pm in chamber.

Of the review bench, Justices Khanwilkar, Chandrachud and Ashok Bhushan were part of the original bench which decided the case on September 26, 2018.

While Justice Khanwilkar and Bhushan were part of the majority, Justice Chandrachud was the lone dissenter in the 5 judge bench.

The majority, which comprised the then CJI Dipak Misra, Justices AK Sikri, Khanwilkar and Bhushan upheld the Aaadhar scheme but struck down and read down certain provisions of the Aadhaar Act 2016. 

The compulsory use of Aadhaar based KYC for mobile connections and bank accounts was prohibited by the SC.

The majority judgment authored by Justice Sikri also held that the architecture of Aadhaar, as well as the provisions of the Aadhaar Act, do not tend to create a surveillance state. It was observed that this aspect is ensured by the manner in which the Aadhaar project operates. The judges also found that it is very difficult to create profile of a person simply on the basis of biometric and demographic information stored in CIDR. In so far as authentication is concerned, there are sufficient safeguard mechanisms, the majority opined.

Justice Chandrachud, in his dissent, held the entire Aadhar Act to be unconstitutional. He also held that the passing of Aadhaar Act as a money bill was a fraud on the Constitution

Justice Chandrachud further observed it was worrying that a foreign company has the source code of the Aadhaar project and that there were valid concerns about the infringement of citizens' privacy.

Foreign Company Has Source Code of Aadhaar Project; It Has Access To Citizens' Information : Certain Worrying Findings By Justice Chandrachud

On November 13, 2019, In Rojer Mathew v South Indian Bank, a 5-judge bench of the SC doubted the correctness of the interpretation of the majority judgment in K S Puttaswamy v Union of India which had held that Aadhaar Bill was in substance a Money Bill within the meaning of Article 110(1) of the Constitution.

The Rojer Mathew decision noted that the majority dictum in Aadhaar judgment did not substantially discuss the effect of the word 'only' in Article 110(1) and did not examine the repercussions of a finding when some of the provisions of an enactment passed as a "Money Bill" do not conform to Article 110(1)(a) to (g).Observing so, the bench in Rojer Mathew referred the issue to a larger bench.

In 2019, the Parliament passed the Aadhaar Amendment Act 2019 with the stated objective of rectifying the infirmities in the Act which the Supreme Court pointed out. These amendments also allowed the 'voluntary' use of Aadhaar for mobile-sim authentication and Bank KYC purposes. 

The validity of these amendments have also been called in question before the Supreme Court.