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 Illegal Migrants. Show all posts
Showing posts with label Illegal Migrants. Show all posts

Monday, May 28, 2018

13605 - Thirty-six Bangladeshi nationals with ‘suspicious documents’ held from Buddhavihars in Pune district - Indian Express


The ATS had recovered identity documents such as Aadhaar cards, PAN cards and Voters’ IDs from the trio, which they had procured by submitting bogus documents at the respective government offices.

TOP NEWS
By: Express News Service | Pune | Published: May 27, 2018 5:56:30 am

The Pune Rural Police have detained 36 Bangladeshi nationals from different parts of the district for allegedly living illegally in India.
The “illegal” Bangladeshi migrants were picked up from Daund, Yevat, Wadgaon Nimbalkar and Baramati, said police sources. Some of them were found to be living as bhikkhus (priests) in Buddhavihars.
Personnel from the anti-terrorist cell of the Pune Rural Police first nabbed 15 Bangladeshi nationals from a Buddhavihar in Patas in Daund taluka. The suspects had allegedly been living in India illegally for the past one year. Police teams then picked up Bangladeshi nationals from Kurkumbh village and Malegaon in Baramati. Some documents found in the possession of the detained men were fake and suspicious, said police.
Offences were registered against the “illegal” Bangladeshi migrants at Daund, Yevat and Baramati rural police stations on Saturday. Police are investigating how the Bangladeshi nationals came to the Buddhavihars in Pune district. While the suspects told police that they had come here to preach Buddhism, investigators are trying to ascertain why they came to India and how they obtained illegal Indian identity documents. In March this year, in a joint operation, officials of the central intelligence agencies, Military Intelligence and the state Anti-Terrorism Squad (ATS) had arrested several illegal Bangladeshi migrants from Raigad and Pune, including three Bangladeshi nationals who were suspected to have provided logistical support and financial help to members of the banned outfit Ansarulla Bangla Team (ABT), which is a ‘front organisation’ for Al-Qaeda.
The ATS had recovered identity documents such as Aadhaar cards, PAN cards and Voters’ IDs from the trio, which they had procured by submitting bogus documents at the respective government offices. The trio were booked under sections of Indian Penal Code, Passport Act, the Foreigners Act and Unlawful Activities Prevention Act.
A 41-year-old man from Khargar in Navi Mumbai was also arrested in connection with the case in March, for allegedly helping the illegal Bangladeshi migrants procure Aadhaar cards and PAN cards by submitting bogus documents.


For all the latest Pune News, download Indian Express App

Wednesday, March 21, 2018

13008 - Man arrested in Mumbai for procuring Aadhaar, PAN for illegal Bangladeshi migrants - Indian Express

By PTI  |   Published: 17th March 2018 02:06 AM  |  

MUMBAI: The Anti-Terrorism Squad of Maharashtra police has arrested a 41-year-old man for allegedly helping illegal Bangladeshi migrants obtain Aadhaar and PAN cards.
The Navi Mumbai unit of the ATS arrested five Bangladeshi nationals who were living in India illegally from Jui village in neighbouring Raigad district on March 13, an ATS official said.
They were found to be possessing original PAN and Aadhar cards.
The probe revealed that a 41-year-old man from Kharghar in Navi Mumbai had helped them get the Aadhaar and PAN cards, said the official.

A trap was laid in Kharghar and the man was arrested yesterday, he said.

The official didn't disclose the identity of the accused, who is an Indian national.

He was remanded in police custody till March 21 by a local court.


The ATS was also probing the possible terror angle in the case, the official said.

Wednesday, November 8, 2017

12329 - On the margins: how demonetisation has affected refugees in India - The Hindu


NOVEMBER 07, 2017 00:15 IST



Ever since demonetisation was introduced, the government has been making a strong push for the adoption of digital payment systems. With the government now trying to make Aadhaar the basis for achieving a unified financial infrastructure, those without access to banking systems or Aadhaar will soon find themselves excluded from the economy. One such group will be the refugees living in India.

Although India has not signed the Refugee Convention and does not have a domestic asylum law, it has a history of being a generous host to refugees. However, refugees do not have a formal legal identity and are often wrongly perceived to be “illegal immigrants”. This ambiguous status has forced them to the margins and has left them wholly dependent on the parallel economy for their survival. Its collapse in the aftermath of demonetisation had a devastating impact on refugees, especially women, who lost every avenue for their sustenance. The lack of documentation to open bank accounts rendered them without the means to convert their cash into new currency, and virtually wiped out their entire savings. They struggled even to buy essential provisions or avail medical services.

Refugees in India typically have a refugee card; a limited number have temporary visas. Those who tried opening bank accounts with these documents report that banks refused to recognise these as valid documentation for proof of ID or residence. Now with Aadhaar becoming mandatory to access any financial service, it is not clear whether refugees are eligible to apply for the same. While the Aadhaar Act states that anyone residing in India for 6 of the 12 months preceding the date of the application is eligible to obtain the card, many refugees who fulfil this requirement report that they have been turned away by local Aadhaar centres. Thus, it is almost impossible for refugees to open a bank account. This has forced them to remain at the mercy of local agents and touts, which is contributing to the perpetuation of the parallel economy.

Need for a formal legal identity
As policies are created in the aftermath of demonetisation, it is critical for the government to take steps towards integrating such marginalised groups into the mainstream. It is recommended that the government confer a formal legal identity to refugees and issue uniform documentation to this community. With regard to Aadhaar, the first step would be to clarify whether refugees are eligible to apply for the same. There have been some concerns that the possession of Aadhaar would allow non-nationals to access schemes meant exclusively for citizens; however, this can be addressed by issuing a limited version of the Aadhaar card to refugees. Alternatively, the government can also explore the possibility of allowing refugees to use other forms of documentation such as their refugee card and visa, to access basic financial services. Without such measures, the core objective of demonetisation — eliminating the underground economy and achieving full financial inclusion — will remain an unfulfilled vision.

Roshni Shanker and Ishita Kumar work at The Ara Trust, a centre for refugee law and forced migration studies based in New Delhi

Thursday, August 4, 2016

10228 - Provide alternative to Aadhaar till we expand coverage:Sonowal - Business Standard

Press Trust of India  |  New Delhi 

July 16, 2016 Last Updated at 20:22 IST

Apprehending misuse of Aadhaar by illegal immigrants, Assam Chief Minister Sarbananda Sonowal today asked the Centre to consider alternative means to provide direct benefits such as subsidies till its coverage is expanded among the three crore population from the current 13 lakh holders.

Speaking at Inter-state Council meeting here, he asked Prime Minister Narendra Modi to consider alternative to Aadhaar as the National Register of Citizens (NRC) updation exercise is on in the state and Aadhaar enrolment process will take time.

"As we propose to take up Aadhaar enrolment in full swing after completion of NRC updation in next couple of months, I request Prime Minister to consider using alternative mechanism to provide direct benefits including subsidies and public services to the citizens of Assam till that time," he said. 

The Chief Minister said the issue has caused genuine apprehension in the minds of the people that without NRC updation, Aadhaar may be used by illegal migrants for availing various government benefits and for claiming citizenship. 

In this context, Sonowal proposed the use of Jan Dhan accounts for the purpose till the Aadhaar enrolment is taken up after completion of NRC updation exercise. 

At present there are only 13 lakh Aadhaar enrolments out of a population of more than three crore, he said. 

On the law-and-order front in the state, Sonowal demanded a coordinated and effective intelligence gathering mechanism to foil the sinister designs of nefarious forces out to disturb peace and harmony in the region. 

He asked the Centre help in equipping the Assam Police with latest gadgets and weapons and intensive training to deal effectively with insurgents and jihadi elements. 

Sonowal said there was an urgent need for strengthening the road communications and telecom connectivity along border areas and remote habitations in Assam and neighbouring states to thwart the nefarious designs of forces inimical to India. 

"We need to have road communications in border and remote areas, mobile and Internet connectivity right up to police station level so that intelligence gathering, taking local communities into confidence becomes fast and timely," Sonowal said demanding a swift consideration.



Wednesday, February 3, 2016

9268 - Bihar: Six Bangladeshi nationals caught with fake papers - Hindustan Times

  • Avinash Kumar, Hindustan Times, Patna |  Updated: Jan 16, 2016 16:36 IST

One of the arrested Bangladeshi nationals. (HT photo)

Six Bangladeshi nationals have been arrested in Bihar in two separate incidents, one for carrying forged documents that identified him as an Indian and five others for a dacoity in Siwan, north Bihar.

In one incident, the Patna police on Thursday arrested a Bangladesh national for trying to procure an Indian passport citing forged papers that identified him as a resident of Nawada in south central Bihar.
Acting on a tip-off, a police team caught Abdul Mannan, a resident of Kalopra Parsen under Navagaon district of Bangladesh, from the premises of the regional passport office at Ashiana Nagar under Shastri Nagar police station here.
Although he had furnished his residential address at a location in Nawada in Bihar, the man was unable to speak Hindi. This raised suspicion among the officials at the office, who informed the police.
Mannan then tried to flee from the scene but the police arrested him. During a search of his personal effects, the officers found a fake Aadhaar card, a pass book of a bank branch at Nawada and a cell phone.
During his interrogation, Mannan revealed the name of one Noor Mohammad of Nawada who allegedly provided him fake documents and sent him to the regional passport office in Patna to get his Indian passport.
According to Patna SSP Manu Maharaaj, members of gang facilitating the making of fake passports in the state capital fraudulently used the documents of an Indian national to process the passport request of the Bangladeshi national.
Maharaaj told HT that preliminary investigation suggested that after procuring an Indian passport on the basis of forged papers, the Bangla national was planning to head to Saudi Arabia.
Some passport officials were also under the police scanner, this connection. “Following the arrest of Mannan, the police have decided to launch a passport verification drive,” the SSP said, adding this was not an isolated incident.
Earlier, in 2012, a joint team of IB and Patna police had arrested Bangladesh resident Mohammed Noor Nabi from regional passport office at Ashiana Nagar, also on the charge of trying to procure a passport using forged documents.
At that time, Shahabul Haq, a local resident, was also arrested for trying to facilitate Nabi. A senior state official said it was suspected that several Bangladeshi nationals had managed to obtain Indian passports using spurious papers.
In the other incident, the Siwan police have arrested 12 criminals of a gang, including five Bangladeshi men, for their involvement in a series of recent incidents of dacoity and loot.
The Bangladeshi nationals were identified as Sahinoor (Dhaka), Ekram, Mohammad Badal Khan, Imadul Sheikh and Reena Khatoon. All these persons had rented an accommodation at Makhdumsarai in Siwan and managed to procure Aadhaar card and Voter ID cards.
The mastermind of the gang, Esraful, husband of Khatoon, also a Bangladeshi man, had yet to be arrested, said ASP Arvind Kumar Gupta. According to Gupta, all the five Bangladeshis had been residing in the area for the past one-and-a half years, under assumed names.
“We are looking at how these persons, whose credentials appear to be fake, managed to get permanent residency certificate, Voter ID, bank passbook and Aadhaar card to project themselves as Indian citizens,” said Gupta.
A case had been registered against them for illegal stay in the area under the relevant sections of the Foreigners’ Act, the ASP added.
For the purpose of establishing their credentials as Indians, the arrested persons claimed to have bribed local election office and Aadhaar card officials to procure the fake papers, other sources said.

On being questioned, the arrested persons revealed the names of several persons, including an advocate and a government official who helped them procure Aadhaar and Voter ID cards.

Tuesday, February 2, 2016

9257 - UIDAI Mum on Illegal Immigrants With Aadhaar Numbers - New Indian Express

By Akram Mohammed
Published: 11th January 2016 05:05 AM

BENGALURU: In what can only be termed ironical, illegal immigrants are increasingly finding it easy to obtain Aadhaar numbers, while police investigating their antecedents have found nothing but denial from Unique Identification Authority of India (UIDAI).

This despite a Supreme Court order which directs UIDAI to divulge the required information to law enforcement agencies.

The issue was discussed in a meeting of police officials from the State recently, after several requests by the law enforcement agencies regarding Aadhaar data of persons accused of crimes, did not evoke the necessary response.

A case in point was an incident reported in Bangarpet police station limits in Kolar district. Six months ago, three people were nabbed in connection with a petty crime. Police investigating the crime and checking the antecedents of the accused found they had valid Aadhaar numbers, after the three admitted they were immigrants from Bangladesh.

When the police tried to find out what documents had been submitted for them to procure the number, they were met with blank denial from UIDAI, which informed them that they were not authorised to divulge the information.

DG&IGP Om Prakash, commenting on the issue, acknowledged that police were facing such issues. “We have expressed our concerns and the issue is being dealt with at an appropriate level at the Centre,” he said. This will help law enforcement agencies in accessing the required information, he added.
Law enforcement agencies saw a ray of hope in the Supreme Court order of August last year. An interim order passed on August 11 in a writ petition (WP 494/2012) challenging the validity of Aadhaar card, read, “The information about an individual obtained by the UIDAI while issuing an Aadhaar card shall not be used for any other purpose, ....., except as may be directed by a court for the purpose of criminal investigation.”

Numbers Genuine
To a question on immigrants possessing Aadhaar numbers, a UIDAI official, on condition of anonymity, said that the Aadhaar numbers were genuine. “It might have been issued to immigrants, who have resided in the country long enough to get the required documents, using which Aadhaar numbers could be issued,” he said. He maintained that Aadhaar was not a document of citizenship.

Aadhaar numbers to immigrants has raised several questions, such as whether immigrants can access social welfare schemes such as Direct Benefit Transfer too and whether UIDAI was working on weeding out or cancelling such numbers.

While UIDAI officials said that there have been no processes to weed out such numbers, consumer activists have raised concerns over how Aadhaar numbers could be misused.

Consumer activist V L Somashekar said that such incidents, which have been reported across the country, were a good enough reason to delink Aadhaar numbers from welfare schemes.

“Immigrants are not eligible for benefits under such schemes. But such loopholes are being exploited,” he said. While such cases persist, it is surprising that Aadhaar numbers are considered valid identity documents even during elections, he added.


Friday, November 20, 2015

9049 - 4 Myanmar refugees among 6 held in Hyderabad - TNN

TNN | Nov 9, 2015, 06.20AM IST

HYDERABAD: Police have arrested six persons, including four refugees from Myanmar, for illegally obtaining Indian passports and other identity cards (ID) cards under false names. They also arrested a home guard posted at RTA office, Khairatabad, for helping the refugees in securing the Indian passport illegally. 

In a joint operation conducted by the Bahadurpura police along with Special Branch cops at Kishanbagh and MM Pahadi in Rajendranagar, four Rohingyas from Myanmar, Md Rafeeq, 24, Md Aziz, 35, of Kishanbagh, Abdul Kareem, 35, and Md Saleem, 22, of MM Pahadi have been arrested. 

Cops seized two Indian passports containing photographs of Md Rafeeq and Md Aziz with false names and local addresses. Police also seized Indian passport applications of Kareem and Saleem with fake details of their identity. Cops also seized four voter ID and Aadhaar cards containing their photographs, but fake particulars. 


On interrogation, the four refugees, who have United Nations High Commissioner for Refugees (UNHCR)-issued identify cards, confessed that they wanted to go to North American, Middle East or West European countries for employment and decided to obtain Indian passports for that purpose. 

The four refugees have told police that home guard Nazir Khan, 40, of Kishanbagh, currently posted at RTA office in Khairatabad, had helped them to contact Md Ghouse, 32, of Hussainialam, to obtain voter ID cards with fake particulars. 

With the help of Ghouse, the four refugees obtained voter ID cards and then Aadhaar cards with fake particulars and then opened bank accounts. Using all the supporting documents with fake particulars, the refugees applied for Indian passports. Rafeeq and Aziz managed to obtain Indian passports, but during the antecedent verification Kareem and Saleem's passport applications were rejected. After a detailed scrutiny of the applications, the Special Branch cops along with Bahadurpura police nabbed all the four on Sunday. Based on their confession, police also arrested Ghouse and Nazir. 

A case was registered against the accused by the Bahadurpura police under sections, 370, 466, 468, 474, 473, 474 r/w 109 of the IPC, sections 12(1)(b)(d) of the Indian Passport Act 1967, section 14(a)(b)(c) of the Foreigners Act 1946, sections 10 & 24 of the Immigration Act, 1983, section 3 of the Passport Re-entry Act, 1920. 


The arrested persons would be produced in court and remanded in judicial custody on Monday. 

Sunday, August 16, 2015

8532 - Pakistani with suspected terror links nabbed - The Hindu

HYDERABAD, August 15, 2015

Pakistani with suspected terror links nabbed
Mohammed Nasir allegedly helped Dilsukhnagar blasts accused flee the country

A racket of Bangladesh nationals landing in the Kingdom of Saudi Arabia via Hyderabad with fraudulently secured Indian passports was busted by city police on Friday with the arrest of six persons, including four nationals of Pakistan, Bangladesh and Myanmar.

Among the arrested persons was 53-year-old Mohammed Nasir, a Pakistani, accused of helping Zia-ur-Rahman alias Waqas, member of Indian Mujahideen module responsible for the twin blasts in Dilsukhnagar here in 2013, flee the country. Waqas crossed over to Bangladesh from West Bengal with Nasir’s help but was eventually caught a year later by the Delhi police.
Originally a Bangladeshi, Nasir migrated to Pakistan when he was eight years old and secured Pakistan citizenship. In Pakistan, he came in contact with Abdul Jabbar, leader of outlawed Harkat-ul-Jehad-e- Islami (HuJI), Hyderabad Central Crime Station Joint Commissioner T. Prabhakar Rao said at a press conference.

“Indoctrinated by Jabbar, Nasir came to India five years ago by illegally crossing the border to carry out plans of the former,” Mr. Rao said. He had been living in different parts of the country since then and managed to obtain documents including Aadhaar card.

He was living with his wife, who worked as nurse in a private hospital at Jalpally on city outskirts.

“Investigation indicated that they had not planned any terror attacks on the eve of Independence Day but their future plans were yet to be ascertained, the Joint CP said.

Nasir met a Hyderabadi Sohail Parvez Khan, school teacher of Balapur, and through the latter got introduced to Masood Ali Khan, owner of photo-copying centre in Chanchalguda. With their help, he was preparing documents such as Aadhaar card which were presented to secure passports.

He used to collect money ranging from Rs. 15,000 to Rs. 50,000 from each Bangladeshi to arrange the passports so that they can land in Saudi Arabia claiming as Indians and work there.
“Since Saudi Arabia banned labour migration from Bangladesh, they were using Indian passports to go and work there,” the Task Force officials who busted the gang said.

So far they had arranged such travel documents to 15 illegal immigrants from Bangladesh and Myanmar and helped them go abroad. Recently, Bangladeshis Faizal Mohamoud and Joynal Abedin and Myanmar national Zia Ur Rahman, “who illegally entered India”, had approached Nasir.


He arranged accommodation for them in the house of Masood and was arranging them documents when police caught them on a tip-off.


Wednesday, April 8, 2015

7736 - Aadhaar, the paradox - Business Standard



Business Standard  |  New Delhi  
April 2, 2015 Last Updated at 21:08 IST


One of the key reasons to kick off the Aadhaar-based identification system was to biometrically identify illegal immigrants from neighbouring countries. The irony is, now the Bangladesh government - a significant chunk of illegal immigrants in India are from Bangladesh - wants to study the model and replicate the system in the country. 

A team from Bangladesh is expected to visit India soon to meet officials from the National Population Register and the Unique Identification Authority of India, the nodal agency that issues Aadhaar cards. 

Another irony is that the two agencies have been at loggerheads over, among other things, the collection of biometric data and proof of identity.

Monday, March 23, 2015

7578 - No person should 'suffer' for not having Aadhaar cards: - dna


Monday, 16 March 2015 - 7:15pm IST | Place: New Delhi | Agency: PTI

At the outset, senior advocate Gopal Subramaniam, who appeared for one of the petitioners, said that despite the court order, authorities are insisting upon Aadhaar cards for the purposes of lease deed and marriage registrations and it is a matter of "serious concern".
The Supreme Court on Monday asked the Centre and all the states to "adhere to" its earlier order that no person should be denied any benefits or "suffer" for not having Aadhaar cards, issued by Unique Identification Authority of India (UIDAI).

"In the meantime, it has been brought to the notice that the Aadhaar identification (card) is being insisted upon by various authorities. We are not going into the specific instances...
"We expect that the Union of India (UOI) and states and all their functionaries shall adhere to the order dated September 23, 2013," a three-judge bench headed by Justice Chelameswar said.

The bench had earlier said, "no person should suffer for not getting the Aadhaar card in spite of the fact that some authority had issued a circular making it mandatory...".

At the outset, senior advocate Gopal Subramaniam, who appeared for one of the petitioners, said that despite the court order, authorities are insisting upon Aadhaar cards for the purposes of lease deed and marriage registrations and it is a matter of "serious concern".

"Instances have come to our notice also," the bench, also comprising justices S A Bobde and C Nagappan, said and asked Solicitor General (SG) Ranjit Kumar, appearing for the Centre, to ensure that authorities adhere to its earlier order.

"There is no excuse for you (SG)," it said. The SG responded by saying that the Centre will be writing to all the Chief Secretaries of states in this regard.

The Solicitor General later told the court that as all the states are party, they can be asked to ensure that the order is followed and their officials like District Magistrates are informed about it.
During the hearing, the bench said that even judges of the Bombay High Court, as per a circular, were told to provide Aadhaar number to authorities. However, one of the lawyers said that that issue is now over.

The bench, hearing a batch of pleas against decisions of some states to make Aadhaar cards compulsory for a range of activities including salary, PF disbursals and marriage and property registrations, has now posted the matters for final hearing in the second week of July.

The court today also told Subramaniam that he can file an interim plea alleging violation of the order by citing a specific case.

"The general order of this nature will not do" and "we will deal with particular case to ensure compliance", it said.

Earlier, the court had said Aadhaar will not be mandatory and a person, who does not have Aadhaar, should not suffer in availing of government benefits and services like gas connections, vehicle registration, scholarships, marriage registration and provident fund.

It had asked the Centre not to issue Aadhaar cards to illegal immigrants as it would legitimise their stay.

"The scheme is complete infraction of Fundamental Rights under Articles 14 (right to equality) and 21 (right to life and liberty). The government claims that the scheme is voluntary but it is not so.

"Aadhaar is being made mandatory for purposes like registration of marriages and others. Maharashtra government has recently said no marriage will be registered if parties don't have Aadhaar cards," senior advocate Anil Divan, arguing for Justice (retd) K S Puttaswamy, former judge of Karnataka High Court who has filed one of the PILs, said.

Justice Puttaswamy, in his PIL, has also sought a stay on the implementation of the scheme.

Making Aadhaar mandatory for various purposes raises questions over the government's authority to implement such types of the scheme, the plea had said, adding it also highlighted "the perils of the manner of its implementation".

The Centre had said the consent of an individual was indispensable for Aadhaar and it has been launched to "promote inclusion and benefits of the marginalised sections of the society that has no formal identity proof."

Tuesday, March 25, 2014

5350 - Sting reveals Aadhaar documents forged for Nepal, Bangladesh citizens - IBN Live



CNN-IBN & Cobrapost

Mar 24, 2014 at 07:09pm IST

#aadhar card #uidai#cobrapost sting#nandan nilekani

New Delhi: A Cobrapost sting operation has caught several Aadhar (UIDAI) project officers off guard. The officers have been caught on camera offering to forge documents. The expose shows how citizens of Nepal and Bangladesh are offered Aadhaar cards without identity proof. The sting reveals that even MLAs and gazetted officers sign on the forged documents to make Aadhaar cards.

The report shows that fake identity and residence proof are available for between Rs 250 and 5,000. The Aadhaar cards are offered without fingerprints or retina scan.

The Cobrapost sting shows how there has been no change since CNN-IBN's Citizen X expose in the year 2007 showed how fake Id cards were available for money.

What was supposed to be a unique identification number providing identification and access to a host of government benefits and services, 'Aadhaar' has almost unvaryingly been extended to anybody residing within Indian territories.

Almost anyone, be it Indian or an illegal immigrant can get an Aadhaar Card made without any proof of identity. More importantly, they get a numbered identity.

The Unique Identification Authority of India (UIDAI), the nodal agency that issues Aadhaar cards however seems oblivious to all this. Cobrapost, exposes the underbelly of Aadhaar, which was for long touted as Government of India's most ambitious programme.

The Inside Story: Posing as a conduit or an immigrant applicant, our Cobrapost reporter poses as a benefactor of refugees from Nepal, Bangladesh, and Pakistan, and approached a dozen Aadhaar offices.

He tells them that these immigrants have no proof of identity or proof of address but need help in getting an Aadhaar card.

The convenience, with which almost each of the Aadhaar enrolment officers gave assurances to not only provide the Aadhaar Card but also a proof of Indian identity, wasn't surprising. Without a prescribed rulebook for the fraud it was up to these officers to make their demands. Most of them were reluctant initially, but gave in when the applicant agreed to the prescribed fees.

The negotiations happened and a time was fixed for the applicant to come. Almost in all cases, the Aadhaar officers asked for a photograph and address written on a piece of paper for the purpose of making an affidavit, as proof of identity. The affidavit had to be countersigned by the local MLA or a gazetted officer thus making it valid. No one bothered to check the antecedents of our immigrant applicants.

From charges as high as Rs 500 to as low as Rs 2500, the 'Aadhaar officers' agreed to make Aadhaar Cards for applicants without any proof of identification or proof of address. These are the same people who have been entrusted to securely collect and send the biometric and demographic data of an individual to UIDAI's data collection centre in Bangalore, Karnataka.

In a recently filed RTI query by a former defence scientist and RTI activist, Mathew Thomas, it has been found that UIDAI has not cared to check the antecedents of the companies that have been enlisted to collect biometric data. He alleges that the RTI made it clear that the data is being made accessible to foreign countries as these companies are owned by former CIA and FBI officials. Thus, clearly enough our personal data may just be sold to these companies who may use it in any manner they fancy.

In an interview published on 14th January, 2011 in the Hard News Magazine, Mr. Nandan Nilekani, Chairman UIDAI, on being reminded that biometrics have been known to malfunction when such a large number of people are involved said, "I think it will work despite the problems. Obviously, when you implement a brand new technology, there will be challenges.

But, fundamentally, it will work. In a context where many people have no identity and the ways of authenticating identity are not very robust, the fact that we are taking this to 99.99 per cent of the population is in itself a huge improvement. We must look at the programme's progress in terms of where we are and where we are going."

With no or extremely feeble privacy laws in place, it has become imperative for India to declare 'Right to Privacy' as a fundamental right. A draft bill, which was introduced by the then law minister, M. Veerappa Moily in 2011 has still not been passed by the parliament. Indian citizens cannot defend themselves in the wake of a loss of privacy.

For now, agencies like the UIDAI, who have vast deposits of the biometric and demographic details of billions of Indians can function without any trepidation.

Evidently, the Government of India is not bothered about malfeasance and neither does it care if common citizens like us, who have unknowingly given their personal details, have any right to disclosure.

UIDAI knew India had a population of more than a billion and with a growth rate of almost 1.5% per year, it was bound to increase. Providing a unique identification number is not wrong but the manner in which UIDAI collected biometric data and proof of identity was.

With enrolment centers functioning as fly-by-night operators, charging varying amounts of fees for manufacturing Indian identities for non-Indian applicants, capitalizing on their nexus with their local MLAs in generating a parallel line of business, Aadhaar has failed on all parameters it was based on.

It has yet again proved that populism oriented, government mandated schemes do not work in a country with such humongous demographics. Perhaps, Nandan Nilekani should first accommodate more questions to justify UPA's most ambitious programme than to blatantly promote his candidature for the Lok Sabha 2014 elections.

We are providing small excerpts from the twelve cases where Cobrapost has exposed the business of making Aadhaar cards for illegal immigrants who approach without any proof of identity.

Asif Chaudhary, 169, C.P.A Block, New Seelampur, Delhi

In a dingy office in New Seelampur in the capital, Asif Chaudhary, appears to be the incharge of an Aadhaar Camp. This area being home to a lot of illegal Bangladeshi migrants, the rush to get an Aadhaar Card made seems justifiable, as without any proof of identity the migrants cannot avail the government provided benefits, the other locals can. With nowhere to go, the immigrants turn up at his office and he is more than willing to help. When our reporter presents his case, Asif says, "It will cost Rs 500". When our reporter tells him that it is free everywhere, he replies, "No, no here. We are a private franchise."

Farman Ali, SDM Office, Kotwali, Kashmere Gate, Delhi

For Farman Ali, the interest is in getting an Aadhaar Card made. "If we make 100 genuine cards in a day, we also make 10 fake ones," this statement of Farman Ali gives us the insight that the Aadhaar centre he is in-charge of alone generates 10 percent fake identities. For any person without any proof of identity, Farman Ali is willing to provide all help. It is not restricted to getting an Aadhaar Card made only.

Ravindra Kumar, DM office, Jam Nagar House, ShahJahan Road, New Delhi

Initially reluctant, Ravindra Kumar, the Aadhaar Officer informs that if caught he stands to lose his monthly salary of seven thousand rupees. When our reporter inquires about the proof of identity, Ravindra Kumar says, "Give me the address. I will make your documents, will get it signed by the MLA. Don't worry." we wonder if the honourable MLA or the local councilor is taking cognizance of this.

Sadam, SDM office, Tis Hazari Court, Delhi

Sadam, the Aadhaar Officer is reluctant to speak and constantly indicates to talk on phone first. Our reporter informs him of the refugee status of the applicant and Sadam says it shall cost fifteen hundred rupees to make two Aadhaar cards. Proof of identity, however is certainly not mandatory.

Suraj, Rajkiye Sarvodaya Kanya Vidyalaya, Block- 2, Trilokpuri, New Delhi

It doesn't deter Suraj if the fake Aadhaar Cards are being made for Bangladeshi immigrants. He is quick to sign off with, "This is India. Everything is possible here." Do we need to say anything more?

Aditya and Mohit, SDM Office, Karol Bagh, New Delhi

At the SDM office in Karol Bagh, New Delhi, the officer in charge and the applicant initially bond on their refugee status. Later it is revealed that there is an established nexus between the MLAs and these identity verifying officers. Aditya alleges MLA'S do not take money but their personal assistants do and their purpose is revealed when he says, "Because this is election time. They need the money."

LB Paswan, SDM office Laxmi Nagar Delhi

The Aadhaar camp at the SDM Office at Laxmi Nagar, New Delhi functions through touts and Aadhaar Officers. Aryan, a tout is confident about the work he does when he says, "I have just told you about one. I have just made four cards without proper ID. This is our work." LB Paswan, the Aadhaar Officer is quick to negate the tout's claim and make himself sound righteous, "He is not a UID official. He is a broker."

Raj, Nand Nagri, Delhi:

There may be a rulebook for Aadhaar but if a gazetted officer can stamp your identity documents, where is the need to be worried about a proof of identity? Raj, the Aadhaar Officer, first cites the rule book but then agrees to get the work done, "See you have to get it stamped by gazetted officer. But after that, I can take care of everything."

Ravan, DC Office, Gurgaon:

Ravan, the Aadhaar Officer at the DC office in Gurgaon is right in refusing initially. He says, "No Sir, not for Nepal. This is only for India." He later says he shall charge Rs 5,000 because the candidate is a Nepali. To check the authenticity, our reporter asks him if the Aadhaar Card would be genuine and he almost instantly replies, "You will get the original stuff."

Sajid Ali, GTB Complex, Near CBI New Market Branch, New Market, Bhopal


Sajid Ali is one convenient Aadhaar officer. The moment he tells our reporter who is an immigrant applicant, "We will come there in the evening. Meet us there at the room. We can make your card there itself. The machine is portable. It can fit in my bag. I can carry it," we wonder if UIDAI has given its consent to such convenience?

Sunday, March 16, 2014

5314 - The only good idea - Business Standard



Government slowness may have scuttled Aadhaar

Business Standard Editorial   |  New Delhi  March 13, 2014 Last Updated at 21:40 IST

   With the declaration that the chairman of the Unique Identification Authority of India, Nandan Nilekani, will stand as a Congress candidate in the coming Lok Sabha elections from a constituency in Bangalore, attention has once again been focused on the Aadhaar project. Aadhaar is almost at its target of enrolling 600 million people nationwide; Mr Nilekani says that the UIDAI has now got the mandate to enrol people in four more states, which means it should take the number up to 950 million by 2015, if all goes well. 

All may not go well, however; the Bharatiya Janata Party's (BJP's) national spokesperson, Meenakshi Lekhi, said recently that Aadhaar was "a fraud", that biometric data were being sent "outside the country", threatened a Central Bureau of Investigation probe of all the money spent on Aadhaar, and said the BJP would review the entire project, which it suspects was entered into only to grant Bangladeshi migrants Indian citizenship. In other words, Mr Nilekani's candidature has made Aadhaar a deeply partisan issue.

Mr Nilekani himself reportedly told crowds while campaigning: "WhatsApp gained 450 million users in five years, while Aadhaar got 600 million users in just 4.5 years." The problem with the Aadhaar project can, in fact, be highlighted through just that statement. 

WhatsApp gained users because it was useful, and people wanted to download and use it. Aadhaar, sadly, cannot be said to have "users" yet. There are as yet few uses. This is why Mr Nilekani has to emphasise the number of enrolments, not the benefits that flow from Aadhaar - because those exist today only in theory. And the simple fact is that enrolments should not be seen as a sign of success. The roll-out of working Aadhaar-linked programmes should be - because, after all, cost savings and user-friendliness were the supposed rationale for the UID project.

However, since January 2013, when the government announced a speeded-up timetable for Aadhaar-linked programmes, it has had to retreat on its ambition. The number of programmes that were being tried and the number of districts they were being tried in were both whittled down. Political pressure from the Congress party, including from Rahul Gandhi, led to the one place that Aadhaar looked like making a difference, the household liquefied petroleum gas subsidy, being in essence withdrawn.


None of this is, of course, Mr Nilekani's fault. The blame belongs to the rest of the government. Many in government actively blocked the UID project in the early years; others were passive. Like much else in this government's tenure, the lack of co-ordination and co-operation between ministries led to the stalling of a good idea. Meanwhile, the government's inability to pass a suitable law in Parliament - in particular following an ill-judged and backward-looking attack on the UID project from the standing committee chaired by Yashwant Sinha - allowed the Supreme Court to repeatedly order the Aadhaar programme to be scaled down. Concerns over privacy issues also have not been adequately addressed. It, therefore, would be unfortunate if one of the only transformational ideas of this government is a casualty of its slowness and inefficiency, or of the BJP's desire to play politics. But that, at least, is what it seems might happen now.

Friday, March 14, 2014

5306 - Aadhaar Cards With Immigrants Sparks Worry - New Indian Express

By Merlin Francis - BANGALORE
Published: 14th March 2014 08:07 AM
Last Updated: 14th March 2014 08:15 AM

Investigation into the arrest of nine Bangladeshi nationals by Cubbon Park police has revealed that one of them, who had been living in Bangalore for the last one year, had even managed to get an Aadhaar card.

City Police Commissioner Raghavendra Auradkar has noted that the commissionerate will look into whether the process of providing Aadhaar cards can be made more foolproof.

“I don’t know how these people got Aadhaar cards so easily. I myself had to go at least thrice to the centre and provide various documents and proofs before I got an Aadhaar card,” he said.

“There is no police verification required to get an Aadhaar card or an EPIC card, at present. We will look into whether we can suggest a better verification process to make the process foolproof,” he said.

According to the police, Mohammad Masoom (28), son of Mohammad Anwar, was the first to come to Bangalore. He later brought eight others to the city, along with their families, the investigation revealed.

“During the investigation, he showed us his Aadhaar card. He said that he had applied for the card showing his rental documents as address proof. Another immigrant too said he has an Aadhaar card, although he did not furnish it,” police said.

According to officials in the Army headquarters for the Karnataka and Kerala sub-area, where the immigrants were working, Masoom had been employed with them for over three years while the others were relatively new.

“During police verification, we asked them where they are from. They told us the group was from Bangladesh, which is when we handed them over to the police. Apart from an Aadhaar card, he also had loan documents with which he was planning to purchase a vehicle,” a police official said.

The group had entered the country through Assam and Malda in West Bengal. From Malda, they took a train to Kolkata and from there to Bangalore, the official said.

While the fact that the illegal immigrants were able to receive Aadhaar cards, is of concern, the local police inspector claims that they are not investigating the issue, but are focused on deporting the immigrants.

However, considering that Masoom was able to get an Aadhaar card using his rent agreement as address proof, concerns have been raised with regard to the possibility that if he tried, he could have got an EPIC card too and registered as a voter.

Chief Electoral Officer Anil Kumar Jha noted that an Aadhaar card can be used as age or address proof. “We usually depend on educational certificates as age proof, but Aadhaar cards can also be produced as age proof and rental documents as address proof,” he said.

While someone could get away with this, he added that stringent verification, especially with regard to physical address verification, is necessary to ensure that miscreants did not get into the system. “We also call for public notices to check authenticity of applicants before electoral registration,” he said.

Nandan Nilekani, who quit as UIDAI chairman  on Thursday, noted that Aadhaar was never proof of citizenship, but only a proof of identity. “Aadhaar only proves that you are you, not that you are a citizen of India. Even if you have to get an EPIC card or register as a voter, you need to have other supporting documents.”


Police officials have ruled out the possibility of a security threat from the illegal immigrants.

Monday, February 24, 2014

5166 - Aadhaar can be used to identify illegal migrants: SC - TNN

TNN | Feb 5, 2014, 05.10AM IST

NEW DELHI: Months after ordering that Aadhaar cards based on unique identification number could not be linked to social welfare schemes to deprive its benefits to those without the cards, the Supreme Court on Tuesday looked at the flip-side and said it could be a useful tool to identify illegal migrants. 

Examining the benefits of Aadhaar cards from a national security aspect, a bench of Justices B S Chauhan, J Chelameswar and M Y Eqbal said, "As on date, illegal migration to India continues unabated. By collecting personal details for Aadhaar cards, at least there can be some basis to identify an illegal migrant." 

Justice Chelameswar, who was the chief justice of Gauhati High Court from 2007 to 2010, spoke about the illegal migrant problem in north-eastern states. "Speaking from the records of the court, there are about 10 million illegal migrants in the country," he said. 


In Sarbananda Sonowal case-I and II, the apex court had directed identification of illegal migrants by setting up tribunals under the Foreigners Act, acknowledging that the state of Assam and its culture was in the throes of getting swamped by rampant and unabated illegal migration from Bangladesh. 

Elaborating on the difficulties faced by the tribunals set up for identification of illegal tribunals, Justice Chelameswar said, "Whenever notice is issued (to suspected illegal migrants), they say our name is in the electoral list. Assuming each tribunal completes one case a day, it will take two centuries to identify them. Would it not be in the interest of society that this process continues." 

Senior advocate Shyam Divan, appearing for one of the PIL petitioners, said, "It is our apprehension that Aadhaar cards and UID will be given to these 10 million migrants. It is not confined to citizens." The bench was quick with a rejoinder, "Can apprehension of misuse be a ground for challenge? They can fine-tune this (UID) programme." 

While reiterating its earlier interim order restraining the Centre from forcing people to get Aadhaar cards to avail of welfare scheme benefits, the bench asked whether it could restrain persons from voluntarily availing it. "What if somebody wants the benefits and is willing to give all the information asked for. How can we stop it," it asked. 


It attempted to visualize the controversy from another angle. "If private malls search your pockets in the name of ensuring safety, people are fine with it. But for security of nation, we say this (collection of biometrics under Aadhaar) is unconstitutional. We fail to understand," it said.

Sunday, September 29, 2013

4665 - ‘Aadhaar voluntary; not for migrants’ - Asian Age


In a setback to the Centre, the Supreme Court on Monday said that Aadhaar cards, being issued under a key scheme of the UPA-2, are purely voluntary and that Centre and state government departments cannot demand the card as the sole proof of identity in order to provide a service.

The top court’s interim directions came in response to a PIL filed by a former judge questioning the legal sanctity of the Aadhaar card.

In his plea, K.S. Puttaswamy, a retired judge of the Karnataka high court, challenged the decisions of some states to make Aadhaar cards compulsory for a range of basic activities, including salary and PF disbursals, marriage and property registrations, as well as issuing new gas connections. It alleged that through the Aadhaar scheme, even non-citizens are likely to be given benefits, such as cash transfers.

The court directed the Centre to ensure that Aadhaar cards are not issued to illegal immigrants.

4664 - Supreme Court asks Centre not to make Aadhaar cards mandatory - India Today

MAIL TODAY BUREAU   |   MAIL TODAY  |   NEW DELHI, SEPTEMBER 24, 2013 | UPDATED 13:02 IST



Dealing a huge blow to the Centre's ambitious scheme to link essential services with the Aadhaar card, the Supreme Court on Monday asked the Centre not to make it mandatory for availing of government benefits and services. 

Pointing at the shortcomings of the Aadhaar scheme rolled out by the Unique Identification Authority of India (UIDAI, a Bench headed by Justice B.S. Chauhan said UID number should not be necessary for essential services such as gas connections, vehicle registration, scholarships, marriage registration, salaries and provident fund.

The court also said the Aadhaar cards should not be issued to illegal immigrants as it would legitimise their stay in the country. There have been reports of a huge number of Bangladeshi illegal immigrants being issued Aadhaar cards.

Big blow

The court order could deal a blow to the Centre's 'gamechanging' Direct Benefits Transfer (DBT) scheme - through which it transfers welfare payments directly to the Aadhaarlinked bank accounts of beneficiaries - at a time when the Congress is hoping to cash in on the project for electoral gains.

The apex court was hearing a batch of petitions against the decisions of some states to make Aadhaar cards compulsory for availing various facilities, including Provident Fund disbursals and marriage and property registrations.

Alleging political gains, senior counsel Anil Divan told the bench of Justices Chauhan and S.A. Bobde that indiscriminate issuance of Aadhaar numbers to all residents, including illegal migrants, created a serious threat to national security.

Stay

Linking the Aadhaar number to getting benefits of welfare schemes under the Food Security Bill, cooking gas subsidy, PF and direct benefit transfer made it mandatory in nature, Divan, representing petitioner and former Karnataka High Court judge K.S. Puttaswamy, said. The petitioner has sought a stay on the implementation of the scheme.

Those opting for Aadhaar are required to give personal information including biometrics, iris and fingerprints, which infringes the fundamental right to privacy under Article 21, Divan said. The bench was also informed that there were no safeguard to protect the personal information and no provision for penalties if it comes to public domain.

Opposing the plea, Solicitor General Mohan Parasaran said Aadhaar card was purely voluntary and there was no need for interim directions. The Centre has said the consent of an individual is indispensable for Aadhaar.


4663 - Supreme Court shock for UPA’s Aadhaar-linked cash transfers - Live Mint


Top court says Aadhaar can’t be mandatory for availing benefits; interim order may foil UPA’s poll trump card

First Published: Mon, Sep 23 2013. 09 36 PM IST

The Aadhaar scheme was designed to provide every resident in India with a unique identity number. Photo: Ramesh Pathania/ Mint

Updated: Tue, Sep 24 2013. 02 17 PM IST
New Delhi: The Supreme Court on Monday, in an interim order, said the government cannot make Aadhaar numbers mandatory for availing the benefits of government services and subsidies, including the direct benefit transfer (DBT) scheme for cooking gas.

The move could potentially crimp the Congress-led United Progressive Alliance’s (UPA) plans to use the direct transfer of benefits as a talking point in the upcoming general election; it had even coined a catchy slogan to do so—Apkaa paisa aapke haath (your money in your hands).

Launched on 1 January, the direct benefits transfer programme has expanded to 28 schemes in 121 districts.

The court has also restrained the government from issuing Aadhaar numbers to illegal immigrants. The Aadhaar scheme was designed to provide every resident in India with a unique identity number and did not distinguish between citizens and non-citizens.

The interim order was passed by a two-judge bench, headed by justice B.S. Chauhan, that was hearing a public interest litigation (PIL) challenging the issuance of Aadhaar numbers on grounds of invasion of privacy and right to life, according to advocate Anish Kumar Gupta who is representing the petitioners— former Karnataka high court judge K. S. Puttuswamy and advocate Parvesh Khanna.

Mint has not reviewed a copy of the interim order.

“The court says that Aadhaar can’t be made mandatory for providing services, (and) this is so far the government’s stand as well. Aadhaar can’t be a criteria for excluding people when it comes to services such as registration or protection. This may not hold for subsidies,” said a senior government official, who spoke on the condition of anonymity. This person added that he is yet to see and understand the complete order.


News agency Press Trust of India reported that the Union government told the Supreme Court that securing Aadhaar numbers was optional and it had not made it mandatory for citizens.

A senior official at the Unique Identification Authority of India (UIDAI) said, “One can only comment when we have seen the order, but in general terms, the UIDAI is in agreement that the enrolment for Aadhaar is voluntary and its application should be accompanied with robust exception management which has been the government’s stand as well.”

Exception management refers to providing services or benefits through alternative systems for those who do not have Aadhaar numbers.

“The court said that possession of Aadhaar numbers is not compulsory for availing government-sponsored beneficial schemes and services. The bench issued a set of interim directions today and the matter will come up for hearing at a later date. These orders will operate till a final decision is arrived at by the court,” said Gupta.

The Aadhaar or Unique Identity Number, issued by the UIDAI under the aegis of the Planning Commission, is a 12-digit identification number which serves as proof of identity and address anywhere in India.

The apex court also heard a batch of pleas against decisions of some states to make Aadhaar numbers compulsory for a range of activities including salary, provident fund disbursals and marriage and property registration.

The Aadhaar-based DBT scheme aimed at transfer of welfare payments to the bank accounts of beneficiaries, with the unique identity number acting as the link between the government department’s beneficiary database and the beneficiary’s bank account.

However, official review meetings of DBT have found that linking of beneficiaries’ bank accounts to their Aadhaar numbers has been a drag on its faster implementation.

While S. Sundareshan, mission director for DBT, declined comment, stating he was not authorized to speak on Aadhaar, a petroleum ministry official requesting anonymity said: “If there will be some problem, it will be taken up at the appropriate level for relief.” This person added that it was impossible to target cooking gas subsidies without Aadhaar-linked bank accounts.

Despite the call for fresh legislation supporting the issuance of Aadhaar numbers from the Parliamentary Standing Committee on Finance in consecutive reports since December 2011—the latest one was tabled in April—the government has not created an enabling law. Instead, it has proceeded to link it in phases with transfer of welfare payments such as cooking gas, scholarships and pensions.

The finance ministry said in Parliament on 16 August that only 9.62% of beneficiary accounts for schemes under the programme, other than cooking gas subsidy, were linked to Aadhaar. The figure was about 50% for liquified petroleum gas subsidy transfer, much behind Aadhaar coverage of about 75% in the 20 districts where the targeted cooking gas scheme began on 1 June.

Utpal Bhaskar contributed to this story.