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

Showing posts with label Chief Justice H L Dattu. Show all posts
Showing posts with label Chief Justice H L Dattu. Show all posts

Wednesday, October 14, 2015

8929 - SCOI Scoop: Smaller constitution bench will confine self to Aadhaar basics, not (yet) to fundamental Right to Privacy: AG




By SCOI Reports Tuesday, 13 October 2015 SCOI Reports Send us a tip



Had the SC bitten off more than it could chew with its privacy bench?

The composition of the Constitution Bench on Aadhaar, which begins its hearing from 2 p.m. tomorrow, had led to an uncertainty as to how a five-judge bench could decide the question whether the right to privacy is a fundamental right, when a similar question was decided by a eight-judge bench in M P Sharma vs Satish Chandra in 1954.

Today, the attorney general Mukul Rahotgi, revealed at the end of the hearing of Rajbala vs State of Haryana in court 6, when Justice J Chelameswar asked him about the time that he is likely to take to finish his arguments in the case tomorrow, that he may not be available tomorrow afternoon.

Rohatgi said that he would be at Court 1, to attend the Aadhaar hearing, which he said would not take much time, because the bench was concerned only with disposing the applications seeking interim order extending relaxation of 11 August order, given by a bench of three judges.

That order had confined the use of Aadhaar card only in Public Distribution Scheme and LPG schemes.

The AG’s revelation about the agenda before the Constitution Bench therefore suggests that the CJI may have to constitute a nine-Judge bench later to decide the question whether the right to privacy is a fundamental right.


The CJI, HL Dattu, had earlier expressed his difficulty in forming a nine-judge bench at this juncture in view of vacancies, and the workload of the current Judges.

Friday, October 9, 2015

8892 - SC forms bench to decide on UID’s constitutionality - TNN


TNN | Oct 9, 2015, 05.39 AM IST

NEW DELHI: The Supreme Court on Thursday agreed with Centre's plea to decide the Constitutional validity of Aadhaar scheme, which has been under judicial review for nearly three years, at the earliest and set up a Constitution bench to hear the case. 

Appearing before a bench headed by Chief Justice H L Dattu, Attorney General Mukul Rohatgi made an impassioned plea for early adjudication of the case arising out of plea filed by various civil rights activists challenging the Constitutional validity of the ambitious scheme. He told the bench the court should allow the government and its agencies to link Aadhaar with various social welfare schemes. 

The CJI assured that he would set up a Constitution bench by Friday evening to decide the issue. The SC, however, set up the special bench by Thursday evening itself. The bench will take up the case on October 14. 

In a big setback to the Centre, the Supreme Court on Wednesday refused to give a ruling on the Narendra Modi government's high-pitched and public interest-laced plea to allow citizens to voluntarily use Aadhaar cards to avail benefits under all social welfare schemes saying that the matter should be decided by a five-judge Constitution bench. 

The SC had in its August 11 interim order said no one would be denied benefits under social welfare schemes for want of the 11-digit unique identification number. However, it had permitted the government to link PDS and LPG subsidies to the Aadhaar card to check possible pilferage. 

The three-judge bench, headed by Justice Chelameswar, had referred the petitions challenging the validity of making Aadhaar card mandatory to a five-judge bench along with the question whether it violated citizens' right to privacy. The court also added a critical question - whether right to privacy was part of citizens' fundamental right to life - after the Centre had cited eight-judge bench decisions that right to privacy was not a fundamental right. 

8890 - SC guarantees decision on Aadhaar row - The Wire


Oct 9, 2015 Mahveer Singh

As per reports, recently, after hearing Center and other bodies including SEBI and RBI’s plea to soon look for setting up a bigger bench for amending a previous order which restricted the voluntary use ofAadhaar card to PDS and LPG schemes only, the Supreme Court assured them that it will soon give its decision regarding their plea.

SC guarantees decision on Aadhaar row

In the meantime, while when, Mukul Rohatgi, Attorney General was addressing the issue, a bench headed by Chief Justice H L Dattu said that what will be the come about the other matters, as he has to give extra time to the issue and has to spare nine other judges, so he certainly need some extra time to give a reasonable decision.

On the other hand, during the brief hearing on the issue, Salve recommended to the bench that rather than a nine-judge bench, a bench of five judges can be formed to take a decision on the plea regarding the request seeking modification.Meanwhile, Rohatgi’s appeal for immediate hearing of the application regarding the modification of the previous order was sustained by a battery of senior lawyers, which included K K Venugopal and Harish Salve.

“Please give me time till tomorrow evening. Let me decide it. The question is I have to spare nine judges for this. What will happen to other matters,” a bench headed by Chief Justice H L Dattu said when Attorney General Mukul Rohatgi mentioned the matter before it.

8887 - Constitution Bench on Aadhaar today, says CJI - Tribune India

Posted at: Oct 9 2015 1:04AM



Legal Correspondent
New Delhi, October 8

Chief Justice of India HL Dattu today assured the government that he would set up a Constitution Bench by Friday to consider the plea for allowing the use of Aadhaar cards on a voluntary basis for effective implementation of welfare schemes and regulation of financial, telecom and other sectors.

The CJI gave the assurance after Attorney General Mukul Rohatgi and a number of other law officers representing various sectors pleaded with a Bench headed by him that governance had been hit following the curbs imposed by the SC on the use of Aadhaar in August.

On Wednesday, a Bench headed by Justice J Chelameswar had refused to ease the curbs as the pleas for relaxation could be considered only by a larger Bench to which the PILs against Aadhaar would go for deciding the larger question of right to privacy which was allegedly infringed upon by the identification card scheme involving collection of people’s biometrics.

Rohatgi pleaded with the CJI to constitute the larger Bench immediately at least to go into the plea for easing the restrictions, if not the larger question of privacy.

“You wait till tomorrow evening,” the Chief Justice of India said, indicating that he would constitute the Bench by then.

In the August 11 interim order, the apex court restricted the use of Aadhaar to providing subsidy on foodgrains under the public distribution system (PDS), kerosene and cooking gas (LPG).

Thursday, October 8, 2015

8872 - Aadhaar row: SC assures decision by tomorrow on larger bench plea - NITI Central





- India News Analysis Opinions on Niti Central - Bold and Right

New Delhi, Oct 8 (PTI) The Supreme Court today assured the Centre and bodies like SEBI and RBI that it will take a decision by tomorrow evening on their plea seeking setting up a larger bench for modifying an earlier order restricting the voluntary use of Aadhaar card to PDS and LPG schemes only.

"Please give me time till tomorrow evening. Let me decide it. The question is I have to spare nine judges for this. What will happen to other matters," a bench headed by Chief Justice H L Dattu said when Attorney General Mukul Rohatgi mentioned the matter before it.
Rohatgi's plea for urgent hearing of the application for modification of the earlier order was supported by a battery of senior lawyers, including K K Venugopal and Harish Salve.
"All social benefit schemes of the government are being affected. We seek the modification that the Aadhaar be allowed to be used voluntarily for the benefit of the poor and aged groups," he said and referred to importance of Aadhaar in schemes like MNREGA and Pradhan Mantri Jan Dhan Yojana.
During the brief hearing, Salve suggested to the bench that instead of a nine-judge bench, a bench of five judges can be constituted to decide the applications seeking modification of the earlier order.
The apex court had yesterday refused to modify its interim order and allow bodies like RBI and SEBI and some states to permit voluntary use of Aadhaar card for welfare schemes other than the public distribution system (PDS) and LPG schemes.
The court had made it clear that all applications seeking "modification, clarification and relaxation" of its August 11 interim order will be heard by a Constitution Bench.
On August 11, the apex court had said that Aadhaar card will remain optional for availing welfare schemes of the government and the authorities will not use it for the purposes other than PDS and LPG distribution system.
The Centre, RBI, SEBI, IRDA, TRAI, Pension Fund Regulatory Authority and states like Gujarat and Jharkhand had recently moved the court and pitched strongly for voluntary use of Aadhaar cards for providing benefits of various schemes, other than PDS and LPG, at the doorstep of the aged people and the weaker sections.

PTI