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Archives for : AADHAAR

Mumbai – #BreakAadhaarChains Protest – #Videos

#BreakAadhaarChains is a campaign to stop the government from treating us like criminals out to loot the state. Today, Aadhaar is required for a host of services from birth certificates to death certificates, school admissions, scholarships, PDS rations, NREGA job cards, bank accounts, mobile services – the list is endless. We have let ourselves be stalked all our lives by the state as well as non- state actors – every movement, every choice, every decision, every mobile call, every rupee earned, every learning mistake however small, is exposed to surveillance. Even foreign companies with dubious origins have been contracted to ‘store, transfer and process’ our personal information.

This expansion has happened despite the growing number of exclusions – people being denied welfare benefits, subsidies, or other services for want of an Aadhaar number – and data security breaches. Over 200 government websites have publicly “leaked” Aadhaar and related details, admin logins to the UIDAI official portal being sold at Rs. 500 – and the UIDAI files FIRs against those reporting such leaks rather than take action! Multiple scams have exposed how every facet of Aadhaar security, including biometrics, are prone to being hacked. Each time, the UIDAI has offered either cover-ups or a shifting of goalposts, as with the latest “Virtual IDs” which will require all existing Aadhaars to be revoked and reissued!

On Jan 12th Independent activists,  cyber experts , artists got together to raise their voices against aadhaar

 

Below are videos of the event

 

Raghu Godavarthi, who is also  part of a national programme and similar groups were being formed in Delhi and Bangalore. Mr. Godavarthi said, “Our goal is to expose the flaws in the Aadhaar project in the lead up to the Supreme Court hearing scheduled for January 17.”

Krishnakant Mane, founder of digitial freedom foundation and disability activists said, “My visual impairment is due to a faulty retina and hence I have been denied an Aadhaar card.” He said people with disabilities faced difficulties in obtaining an Aadhaar card.

“There is no such thing such as a unique biometric,” said J T Dsouza, a technocrat, who has been dealing with biometrics since 1997. “Earlier I thought that it was a good thing to have a centralised system. The database where all the information is stored need not be hacked. There are simpler

Testimony by Mithun, on his journey and experinces of aadhaar

Welfare researcher Sakina Dhorajiwala narrated three cases from Jharkhand where people had starved to death as they were denied rations because their Aadhaar card was not linked to the Public Distribution System.

Ms. Kamayani Bali Mahabal, who is also one of the petitioners , said, “The gender biases within the system came out only after I filed the petition. There have been several instances where women have been denied family planning options, as they did not possess an Aadhaar card. Linking of services to the project has been criticised by all.”

There was also music and Poetry at the event

Related posts

India – #Aadhaar Card Expose #UID

By- Sushrut Mane

A)What kind of technology is it?

Aadhaar collects the demographic as well as biometric data of whoever who has it. Section 33 of the Aadhaar Act ensures that under the guise of “national security”, the government can access any information without providing any explanation to anyone. It does not define what is “national security” so any reason can be used to access and use this data. So in short, one can say that,

Aadhar is a surveillance technology masquerading as secure authentication technology.

(1)

  1. B) But at least it is not affecting anyone directly. Then why we should worry?

1.Aadhaar is compulsory for two more groups of citizens – victims of the 1984 Bhopal gas tragedy, and workers rescued from bonded labor. The court took 15 years to decide who is eligible or not, whether the person is who they are claiming to be and Now, the government wants the victims to prove their identity in this manner again. Same problem with bonded workers. (2)

  1. Thousands of pensioners without Aadhaar or bank accounts struck off lists in Rajasthan (3)
  2. Jharkhand: Family denied ration over Aadhaar linking, girl starves to death (4) (This is recent news)

C)Where we have to link it and what can be its effects?

1.You have to link it with your SIM card, pan card, passport, bank account, voter ID, college/university. And if you want benefits of schemes like LPG, MGNREGS, etc. you have to link Aadhar to them also.

  1. According to Aadhaar act 2016,  “The Authority shall respond to an authentication query with a positive, negative or any other appropriate response sharing such identity information excluding any core biometric information.”

3.Which also means authority with whom you are linking Aadhar can have access to your photograph (which doesn’t come under core-biometrics) and your demographic information which includes as name, date of birth, address and “other relevant information” of an individual. It explicitly excludes race, religion, caste, tribe, ethnicity, language, records of entitlement, income or medical history.

  1. Well, this is legal (but worrying) way to give our personal details to authority. But there are other ways also.. Like:-  Aadhaar data of 130 million, bank account details leaked from govt websites: Report  (5)

5.To be fair, two safeguards are in place in the Aadhaar Act. One is that the requesting entity must inform you about the use it proposes to make of your identity information.( But who reads the fine print of the terms and conditions when buying a sim card, or before clicking “I agree” when installing new software?) The second safeguard is that the requesting entity cannot publish or display your Aadhaar number (or your core biometric information, but that is not accessible to a requesting entity in the first place).

  1. Note, however, that nothing prevents a requesting entity from publishing or displaying other identity information, as long as it has informed the concerned person.

But wait…

7.The Clause 33 (2) states that an official with the rank of Joint Secretary or higher may access a person’s identity information including core biometric information if the official has an order issued in the interest of national security by the central government.

The government has the power to know (or use) your fingerprints, iris scan for the “National Security”.

  1. D) If there are such serious loopholes, why Government wants to make it mandatory?
  1. The Supreme Court, way back in October 2015, clarified that Aadhaar cannot be made mandatory for any schemes/services other than ration (PDS), employment guarantee (MNREGS), LPG distribution, pension, provident funds (EPF) and Jan Dhan Yojana. (see the highlighted part – (6) )
  1. So today, whatever gov is asking to link this and that with Aadhar is actually illegal. And supreme court reminds this to center in last month.  (7)
  1. E) So is it necessary to link Aadhar with gov schemes?

1.As per “Government of India rule”, yes it is mandatory to link it for six welfare schemes, PAN cards, and mobile phones.

2.Other than these, ALL other schemes/services/benefits for which Aadhaar is being made mandatory go directly against the earlier Supreme Court order. Including the bank account linking.

  1. BUT the government continues its assault unabated. Even the regulations they cleared under the act were quite illegal and had many many loopholes. This is where the confusion begins.
  1. F) Aadhaar violates the fundamental right to privacy or not?

Yes, it does!

G)Then how the Aadhaar Act passed in Parliament? (read H) & I) also)

It was passed with shrewdness.

First, it was introduced in the Budget session of 2016 as a money bill. But Aadhar is not a money bill in any sense.

  1. H) What are money bills then?

1.Bills which exclusively contain provisions for imposition and abolition of taxes, for the appropriation of money out of the Consolidated Fund, etc., are certified as Money Bills.

  1. And Aadhar has nothing to do with these things. Only the speaker has the right to called a bill a money bill, but in case of Aadhar, Mr. Arun Jaitley himself introduce it as the money bill.

I)Why was it introduced as Money Bill?

  1. The Lok Sabha has majority members of ruling party but not in Rajya Sabha. Mr. Jaitley was aware that if this bill introduced as the normal bill it will be debated in Rajya Sabha.
  1. So after introducing it as a Money Bill, it will no longer under the control of members of Rajya Sabha. Rajya Sabha members can suggest amendments but Lok Sabha has every right to accept or reject those amendments. Guess what happens in Aadhar bill?

Lok Sabha rejected the amendments made by Rajya Sabha members and passed the bill. (8)

But the most dangerous thing is –

J)How Government is trying to set bureaucracy (and not democracy) regarding Aadhar Act?

For that, we take a wonderful journey all the way to Clause 58 on Page 17, to the very end of the oh-so-complicated-and-well-worded bill.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Acts may appear to be necessary for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.

This clause basically puts in a ‘lockdown’ provision. Before that comes into effect, they can make changes in the bill by notification in the Gazette ( a written record of bills which passed as an Act). Basically, bureaucrats will have a free reign over what this bill will do after it is passed by Parliament.

And this is very serious.

  1. K) What is the role of ministers in this?
  1. Arun Jaitley admits that he is forcing people to create Aadhar card and to link with Gov schemes (even though it does not follow Supreme Court’s order). –

Bhartruhari Mahtab (BJD) said the Supreme Court had said in September last year that Aadhaar is not mandatory and wanted to know whether the government was “forcing” people to get it.

Yes, we are,” Jaitley replied.

  1. Mr. Narendra Modi as a CM of Guj thoughts that Aadhar there is no vision in this scheme-

On Aadhaar, neither the Team that I met nor PM could answer my Qs on security threat it can pose. There is no vision, only political gimmick

— Narendra Modi (@narendramodi) April 8, 2014

  1. L) So who is really responsible for this? UPA or NDA government?
  1. The Aadhar card or  National Identification Authority of India Bill 2010 (NIDAI)  was introduced by the then PM Dr. Manmohan Singh along with Nandan Nilekani as an optional card that wasn’t meant to be mandatory for all citizens. What started out as a simple identity card that would be provided to all Indians.
  1. The Aadhaar (Targeted Delivery of Financial and other Subsidies, benefits and services) Act, 2016 is a money bill of the Parliament of India. It aims to provide legal backing to the Aadhaar unique identification number project by making it mandatory for people who want benefits subsidies or schemes.
  1. The foundational shift that occurred between the National Identification Authority of India Bill 2010 (NIDAI) and the Aadhaar Act 2016 is clear from their respective definitions of authentication:

NIDAI 2010: “The Authority shall respond to an authentication query with a positive or negative response or with any other appropriate response excluding any demographic information and biometric information.” (emphasis added)

Aadhaar Act 2016: “The Authority shall respond to an authentication query with a positive, negative or any other appropriate response sharing such identity information excluding any core biometric information.” (emphasis added)

  1. M) Conclusion-

Aadhaar’s purpose was drastically changed. It was supposed to be beneficial for the low-income group by providing subsidies to needy people and remove leakages in the system. The current version of it, which includes mandatory linking to companies and schemes, is illegal & risky. The Finance Minister’s replies to the opposition are super vague and show carelessness while introducing such important act. The disadvantages of this act are contradicting to the aim of Aadhaar Act 2016. The government must fix this issue before any major harm happens ( I think all possible negative effects have already happened.)

N)Fun facts-

  1. Aadhar is not mandatory for VIPs
  2. Your Jio card registered and activated within 5 minutes because of your biometric data that you provided (in this case it was your fingerprint). At the same time, you handle over your demographic as well as biometric to the Jio company. And this can be misuse (perhaps found to be misused  (9) )
  3. Making Aadhar mandatory is illegal. (I have shown you all evidence about it.
  4. In one rare case of mixed-up identities, 2 men end up with same Aadhaar number. You know, UID means- Unique…(10)
  5. In future Government can ask for DNA of citizen as a biometric data.

    I am not joking. This is what FM Arun Jaitley said –
    Shri Satpathi wants to know whether DNA can be part of it (Aadhaar).The act does not say so. Regulation can expand it.

    Annotations

    1. http://www.thehindu.com/opinion/lead/jean-dreze-on-aadhaar-mass-surveillance-data-collection/article8352912.ece

    2. No aid for Bhopal gas victims- https://scroll.in/latest/831144/no-aid-for-bhopal-gas-victims-workers-rescued-from-bonded-labour-unless-they-have-aadhaar-number?utm_content=bufferc9823&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

    3. Thousands of pensioners without Aadhaar or bank accounts struck off lists – https://scroll.in/article/813132/rajasthans-living-dead-thousands-of-pensioners-without-aadhaar-or-bank-accounts-struck-off-lists?utm_content=bufferf0eb6&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

    4. Jharkhand: Family denied ration over Aadhaar linking, girl starves to death- http://www.deccanchronicle.com/nation/current-affairs/171017/jharkhand-girl-starves-to-death-as-family-denied-ration-over-aadhaar-linking.html

    5.Aadhaar data of 130 million, bank account details leaked from govt websites: Report http://indiatoday.intoday.in/technology/story/aadhaar-data-of-130-millions-bank-account-details-leaked-from-govt-websites-report/1/943632.html

    6. https://drive.google.com/file/d/0B5mBxP7jq8_IS3R1RVJsOTZrRDg/view

    7.Supreme Court finds govt. defying its order on -Aadhaar http://www.thehindu.com/news/national/Supreme-Court-finds-govt.-defying-its-order-on-Aadhaar/article14999391.ece

    8.Aadhar bill passed in Lok Sabha after rejection of amendments introduced in Rajya Sabha- http://www.dnaindia.com/india/report-aadhar-bill-hits-rajya-sabha-roadblock-returned-to-lok-sabha-with-amendements-2190133

    9.  https://twitter.com/i/moments/907102170641612800

    10. In case of mixed-up identities, 2 men end up with same Aadhaar number-  https://m.timesofindia.com/city/dehradun/in-case-of-mixed-up-identities-2-men-end-up-with-same-aadhaar-number/amp_articleshow/58989496.cms

https://sushrutmane.blogspot.in/2017/10/aadhar-card-expose.html

Related posts

India – Switch off your mobiles at 11 am on 11/11 #NoMobile #NoAadhaar

 Tell Mobile Companies and Government We Are Not For Sale

Switch off your mobiles
at 11 am on 11/11

#NoMobile #NoAaadhar
Earlier this year, the government ordered us to link our mobile connections to our Aadhaar numbers or have our mobile connections cut off.

NO hesitation in jumping the gun even as the legal challenge to Aadhaar comes up for hearing in the Supreme Court!

NO qualms against violating our Constitutional right to privacy!

NO concern that telecom operators will use our data for commercial purposes!

NO protection from use of personal data for targeting and profiling!

The government can behave like this because it thinks that we citizens will not push back.
Let’s show them they’re wrong.

LET’S TELL THEM WE ARE NOT FOR SALE.

Join  #NoAadhaar #NoMobile

Switch off your mobile phone for 30 minutes at 11am on 11/11

And let’s repeat EVERY DAY for the next 30 days.

And don’t forget to send an SMS or mail to your service provider to tell them why you’re doing this.

#NoMobile30   #SwitchOff

 

Below is a template draft that you could email your mobile service provider and to TRAI:

To,

Service Provider,

In response to your drive to update Aadhaar I would like to draw your attention to the following:

1. More than a dozen PILs including several challenging the Aadhaar and its linking to various databases are pending before the Supreme Court. In the meantime the order dated Oct 15th 2015 of a five member bench headed by the then Chief Justice of India reiterated all its previous orders in the matter of WP(C) 494/2013 continue to hold force. In particular we draw your attention that the court has stated that:

(a) “We will also make it clear that the Aadhaar card Scheme is purely voluntary and it cannot be made mandatory till the matter is finally decided by this Court one way or the other”.

(b) “We impress upon the Union of India that it shall strictly follow all the earlier orders passed by this Court commencing from 23.09.2013”.

(c)  In its first order of September 23, 2013  court had highlighted that “In the meanwhile, no person should suffer for  not  getting the Aadhaar card inspite of the fact that some authority had  issued a circular making it mandatory”. No-one can cause any person to suffer inspite of any authority having mandated Aadhaar. Any coercion to link would amount to causing suffering and a contempt of the Supreme Court of India.

2. Furthermore, the use of Aadhaar for linking to other databases, retention, storage or publishing is not only not permitted but prohibited and also a punishable offence under sections 8, 29 and 37 the The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016Anyone asking to retain, link, store or publish the Aadhaar, will be in violation of the Aadhaar Act.

3. I have already provided many alternate means of identification on the basis of which you have been providing the service so far.

4. Since Aadhaar was introduced in September 2010, citizens have been cut off from essential services, and there are growing concerns around big data collection and identity theft. The multiple problems surrounding Aadhaar — its data errors, “deactivation” of genuine people,  personal data exposed — have convinced me that Aadhaar linking serves no purpose except to create a surveillance over me.

I trust you will bring these facts to the attention of anyone in your organisation who insist on mandating Aadhaar. I am also sure you will raise complaints and serve notices, to appropriate authorities, to protect my rights, and ensure my rights do not suffer in any way because of coercion, and contempt of the orders of the Supreme Court, or violation of the The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016

Thanks and No2UID.

Mobile Service Provider emails IDs.
Airtel: [email protected] ,
Vodafone: [email protected] ,
Jio [email protected] ,
IDEA: [email protected]
BSNL: [email protected] ,
Cellular Operators Association of India [email protected]

PLEASE MARK A COPY OF EMAIL TO

1) HONOURABLE MINISTER (LAW & JUSTICE, ELECTRONICS & INFORMATION TECHNOLOGY) [email protected]

2) TELECOM REGULATORY AUTHORITY OF INDIA [email protected] ,

3) AND SECRETARY TELECOM [email protected]

If you prefer to SMS mobile service providers to stop illegally requiring Aadhaar:

For Airtel : Please contact: Shakyasingha Das m: 9831049835 e: [email protected]
Vodafone : Please contact: Gowtham Gowda m: 9923006663 e: [email protected]
BSNL : Please contact: Siddharth Gabiyal p: 01123708125 m: 9868142999 e: [email protected]
Idea Cellular illegally requiring Aadhaar? Please contact: Rahul Vatts m: 9891005951 e: [email protected]
Reliance Jio illegally requiring Aadhaar? Please contact: Arvind Tiwari m: 9987702300 e: [email protected]
@Sushubh Aircel contact: N.L. Garg m: 9810121026 e: [email protected]

 

Related posts

Public hearing on Killer Aadhaar -the Denial of Social Security

 

 

“The ration shop owner knows me very well but the bio metric machine does not identify my finger prints, so I have not been getting ration food for the past two years’

 

  • Padma, a brave woman who lives on the streets of bangalore

 

Like Padma, there were people from twenty districts who presented heart wrenching evidence of Aadhar related denials in the public hearing organised by the Right to Food Campaign in Bangalore today. Experiences of denial from across the state clearly show that the failures are not just a glitch or a rare aberration but that systemic exclusion is inherent to the Aadhaar system. Aadhar is hollowing out democracy where people have rights that they cannot exercise. The right to food, for example, is being rendered useless as machines are taking over the decision making process on who gets the monthly ration and who does not. In this dystopic society, Aadhaar has become a tool in the hands of the state to exclude people in millions from accessing even basic entitlements and services.

Despite repeated Court orders, Aadhaar has been linked to every aspect of people’s lives from school admissions, scholarships, insurance policies, to open Bank Account, PF, LPG, to even monthly rations, TB and HIV drugs, disaster relief and death certificates. While this forced submission of people into parting their private data can be challenged using the recent SC judgment, the brazen use of Aadhaar to systemically deny the masses of their basic entitlements is a matter that is yet to be accepted by the same courts, reminding us of the class bias of the legal system in India.

In a historic public hearing process today, people from twenty districts of Karnataka shared their life of denial, struggle and hopelessness in front of a honorable group of jury who have given the following judgement:

Sukanya, a tailor from Channapattana in Karnataka, was denied ration because she had not linked her ration card to Aadhaar. As someone who does not take things lying down, Sukanya requested the ration shop owner and the tehsildar, only to be told by both officials that she should link her ration card to Aadhaar card “because everyone was doing so”.

A defiant Sukanya went to court in February this year. The Karnataka High Court then passed an interim order that directed the Food and Civil Supplies department to not insist on an Aadhaar card link and provide subsidised foodgrain to Sukanya.

Lalithamma, a resident of Begur village in Chikmagalur district, was denied ration, along with fifty other people as they had not linked her ration card to Aadhaar card. When Lalithamma along with others from Begur made the trip to Tarikere taluk to ask authorities about this, they were told that they should link their ration card to Aadhaar cards. “It costs 100 rupees to make the journey to Tarikere taluk. In the last four kilometres, there are no buses and we have to walk,” she said.

Chowdappa, from Chintamani in Chikballapur district, was denied ration along with 15 people from the village, because they had not linked their ration card to Aadhaar card.

Jyoti, a resident of Belagavi, said that  her children were denied scholarship and even though they applied for Aadhaar card four times, they were rejected.

Padma, a resident of Bengaluru was also denied ration because the bio metric machine did not identify her fingerprints. “The ration shop owner knows me very well but the bio metric machine does not identify my finger prints, so I have not been getting ration food for the past two years,” she said.

Bharati, Secretary of the Karnataka Sex Workers Union, said that when police arrest sex workers they demand Aadhaar card and if they do not produce it, then it results in further harassment.

Like Sukanya, Lalithamma, Chowdappa, Jyoti, Padma and Bharati, over twenty people from various districts of Karnataka shared their stories of struggle and helplessness, at a public hearing organised by The Right to Food campaign in Bengaluru.

Though the Supreme Court had directed the Centre to not insist on linking ration card to Aadhaar, after the centre’s directive in February, the testaments from various people show that ration shops continued to deny them essentials.

 

Members of Jury

Usha Ramanathan

Here is the talk by Usha Ramanathan after peoples hearing on aadhaar & denial of Social Security

Clifton Rozario

Raghu KC

Dr. Sylvia Karpagam

 

Recommendations of the Jury

  1. The state government should recognize the vulnerability it is causing to its people when it coerces Aadhar on them. It should respect and follow the directives of the Supreme court against making Aadhar mandatory.
  2. Failures of the biometric system should be recognized and its use stopped forthwith.
  3. The State government should investigate the vulnerabilities caused to the people of the state and take appropriate action.
  4. The State government should immediately investigate and take action with regard to the deaths of the three men in Gokarna which has been linked to Aadhar. The reports and actions and corrective measures should be made public.
  5. The government of Karnataka should delink aadhaar to any essential services.
  6. The serious issue of malnutrition, stunting, wasting is a shame. To strengthen the public delivery system and make it Universal. No citizen of the state should be denied access to nutrition in the PDS, ICDS, mid-day meal or any other government sponsored nutrition program based on Aadhar. The Right to food should be upheld by the State as an inviolable right.
  7. To strengthen the healthcare system and invest in the public health system to make it universal access to comprehensive health care and this should include the promotive, preventive, curative and rehabilitative aspects. No person should be denied health care and any of the health entitlements based on Aadhar.
  8. To strengthen the public education system and make it Universal. No child should be denied education and Aadhar should not be an obstacle.
  9. The judgement of the Supreme court on the right to privacy requires a complete overhaul of the Aadhar system.  Matters of dignity, confidentiality, stigma and liberty have all been categorically recognized as fundamental rights as the people of the country. The Aadhar project will have to be subjected to strict scrutiny on the basis of this judgement.

 

 

Jury Observation:

 

After hearing the testimonies of the citizens of the State in the context of aadhaar, the jury members would like to make the following preliminary observations.

  1. Aadhar has emerged as a barrier for people to access entitlements as basic as food. The problems are at all stages; many are unable to enroll, many others are unable to authenticate themselves because of biometric failure, many others are unable to link taheir Aadhar with their PDS.
  2. This coercive use of Aadhar is completely contrary to what the Supreme court has said in multiple orders starting from 23/9/2013 and including orders that came in September 2016. The Aadhar Act passed by the Lok Sabha in March 2016 does not allow the denial of any entitlements to any person but this only observed in the breach. The government’s, both  Central and State, are ignoring both the orders of the court and the Aadhar Act 2016 and denying people their rations unless the biometric works.
  3. By now, reports have begun to emerge of deaths due to starvation because of their Aadhar numbers have not been linked to the PDS. This has resulted in large scale deprivation around the country. In Jharkhand for instance, while a 11 year old has died of starvation after family not having received rations for over 8 months, it has also come to light that 11.5 lakh ration cards have been cancelled on this spurious basis. The recent deaths in Gokarna are evident in the State.
  4. The targeted PDS system is highly discriminatory and leads to exclusion of the most vulnerable citizens such as daily wage labourers, people with disability, single women, widows, orphans etc. If the state government is serious and committed to meeting the needs of all its citizens, then the PDS has to be universal and equally available to all citizens
  5. The number of cases of malnutrition, stunting, wasting, undernutrition, anemia in the State and the devastating consequences for the most marginalized communities (eg. the starvation deaths in Gokarna) are a shocking indictment of the state. The state is absolutely mandated to ensure this crisis is addressed
  6. In the backdrop of this inadequate PDS, it is shocking that people are further denied  these meagre rations, because of Aadhar. Apart from humiliating people and denying basic rights, the Aadhar serves no useful person and infact removes even the idea of citizenship. It violates the Right to Food as a fundamental right as repeatedly reaffirmed by the Supreme court.
  7. The current public distribution System (PDS) is inadequate to provide the basic nutritional needs of the community. The scheme that provides rice, wheat, sugar under the current scheme in Karnataka is able to provide only around 633 Kcal/day for each member of a 5 member family. This is much less than the recommended average of 2200 Kcal per day per person. This is completely inadequate to meet needs. The needs of protein, vitamins and minerals can only be met through eating of other foods like fruits, vegetables, greens, eggs, meat, groundnuts etc. The state government, through the State Food Commission, should immediately recommend a revision of the quality and quantity of foods provided and ensure that other sources of nutritional need are met
  8. The Aadhaar card at no point is mandatory, but state governments are openly violating Supreme court orders. This is clear contempt of court and violates Constitutional rights of every individual citizen.
  9. The Aadhaar card further has been made mandatory for accessing health care. Again the health care system that is currently being provided by the State is inadequate and inaccessible. The rampant growth of the private sector has made healthcare unaffordable. In that backdrop it is shocking that instead of making all efforts to strengthen the public healthcare system, the government is investing more time and energy in pushing Aadhar cards for each and evey service. Patients have been denied services for antenatal care, delivery, HIV treatment, tuberculosis treatment, Ultrasound, death certificates, ambulance facilities, etc.  If the state is commited to providing universal access to comprehensive healthcare, then the Aadhar is a barrier to this. The Aadhar only prevents access and in no way facilitates improved health access for the citizens of the state
  10. Children, particularly those from most vulnerable communities, are being denied access to education, scholarship and hostel facilities. This is a violation of the Right to Education.
  11. Based on the numerous evidence presented before the jury, it is clear that the biometric system is flawed and is being used to violate people’s rights on a day to day basis. It serves no purpose and in fact seems to be intended to deny people basic rights of food, education and healthcare.
  12. Based on the responses of the officials from the Commissions who are responsible for overseeing and protecting the rights of minority communities, SC/ST Communities, people with disabilities and women, it is evident that this public hearing was an ‘eye opener’ for them. It gives an idea of how little the State government is aware of the day to day issues and violations faced by the communities and the fact that decisions such as introducing the Aadhar have not been consultative and are completely coercive in nature.

Related posts

India – Linking #Aadhaar to mobile and bank accounts is illegal- your guide what to do if forced

Dr Anupam Saraf
Mobile linkage
Various telecom companies are citing TRAI and DOT notifications to force you to link Aadhaar to your mobile else face disconnection. While it is not amusing that the government believes that a SIM issued in someone’s name is used by the same person and terrorists and criminals do KYCwith their own documents or Aadhaar, here are just three ways that requiring an Aadhaar to obtain a SIM endangers India:
1. It enables terrorists, criminals and anti-national forces to obtain multiple SIMs through eKYC, claims of eKYC, or submitting Aadhaar cards of other persons and use them in turn to open bank accounts for money laundering and financing anti-national activities.
2. It facilitates obtaining all documents like passport, and drivers licenses by using the new SIM and the Aadhaar. It, therefore, destroys our ability to distinguish a citizen from an illegal immigrant. It is therefore like the disease AIDS for the country.
3. The SIM treated as a proof of identity of the user allows infiltration of the country, even its defence services, with terrorists and anti-nationals causing a national security threat.
Here are just three ways that requiring an Aadhaar to obtain a SIM endangers you:
1. Because Aadhaar and one time passcode (OTP) are treated as “second factor authentication”, SIMs issued with your Aadhaar will be the single point for fraudsters to hack your identity, commit crime and rob you of your property, dignity, liberty, equality and access to justice.
2. Bank accounts opened using your Aadhaar and SIM, as well as property transactions, registration of contracts will no longer be in your control or with your knowledge and traceability. Because the use of “your” SIM in these instances will leave little deniability, if you are accused of these acts, it will destroy your right to justice.
3. The SIMs issued using your Aadhaar allow anyone in possession of such SIMs to impersonate you in both your private and public life. Not only will you have no way to know of such misuse, but you even have no ability to prove and control the misuse.
Bank linkage
Most banks have gone on an overdrive of threatening to freeze existing bank accounts unless customers to link Aadhaar. They are also refusing to open new bank accounts without Aadhaar, citing GSR 538(E), the amendment to the Prevention of Money-laundering (Maintenance of Records) Rules, 2005 under the Prevention of Money-laundering Act, 2002 (15 of 2003)(PMLA), on June 1st 2017.
It is not amusing either that the government believes that Aadhaar identifies anyone at all, provides proof of the persons authorisation or consent to opening bank accounts or even to do bank transactions. Here are just three ways that linking an Aadhaar number to a bank account or carrying out bank transactions destroys India’s financial systems:
1. When pressured to link Aadhaar to bank accounts, the Reserve Bank of India (RBI) had maintained that the use of the Aadhaar number was in conflict with the Prevention of Money Laundering Act (PMLA), the Basel Standards for maintaining customer information and its own extant guidelines. The RBI also highlighted that at best the Aadhaar is a third party identification and such third party identification is not used in banking practices anywhere in the world. It had also highlighted that the use of eKYC destroys customer acquisition information and customer records. As such, Aadhaar enables millions of shell bank accounts to be opened.
2. Bank accounts opened with Aadhaar can be created and operated remotely and therefore create a framework for money laundering at a scale that is impossible with pre-Aadhaar KYC. In five years post Aadhaar KYC, bank accounts in India have doubled from 44 crore to 88 crore and deposits have also doubled from Rs66 lakh crore to Rs122 lakh crore suggesting shell accounts with black money being parked in them.
3. Aadhaar-enabled Payment Systems (AEPS) transfer money from Aadhaar to Aadhaar number and not bank accounts. Such money transfers do not leave money trail and therefore facilitate money laundering in ways that was not possible with National Electronics Funds Transfer System (NEFT) or Real Time Gross Settlement (RTGS).
Here are just three ways that linking Aadhaar to your bank accounts endangers you:
1. Your bank account becomes Aadhaar enabled allowing AEPS to transfer money into or from your account as soon as you link it to Aadhaar. This means all money transfers through the AEPS to or from your bank account will be un-traceable and therefore, also irreversible.
2. Money transfers to your account can now be hijacked by a “phishing” account that links itself to your Aadhaar number to receive money meant for you. Such money transfers may become impossible to track and reverse, as they do not leave any money trail.
3. Crime committed using duplicate accounts opened with your Aadhaar number will point to you, not the fraudster. This will also leave you defenseless and deprive you of recourse to justice.
What can you do?
Neither the Aadhaar linkage to mobiles nor the linkage to bank accounts is legal. In fact, it even violates the orders of the Supreme Court and is counter to the Rule of Law. The coercion to link Aadhaar to mobile phones started because of the Telecom Regulatory Authority of India (TRAI) and the Department of Telecom (DoT) colluded to ignore the Court’s orders, the rule of law, and existing legislation to produce notifications that mislead, misquote and cause coercion.
The coercion to link bank accounts started because the Department of Revenue, under the Ministry of Finance issued an illegal notification ignoring the law, Court orders and the rule of law.
Here are two open letters. The first to the Chairman of TRAI and the second to the Secretary, Dept of Revenue, asking them to end the illegalities, restore respect of the Supreme Court and respect the Rule of Law. You too can endorse them and spread them by mailing/emailing them, or sharing them on social media till the respective government offices respect the orders of the Supreme Court. Together, let us restore the Rule of Law, the protection of our national security, financial integrity and respect for national interests.
(Dr Anupam Saraph is a renowned expert in governance of complex systems and advises governments and businesses across the world. He can be reached @anupamsaraph)
***********************************************************************************
October 2nd 2017 
Chairman,
Telecom Regulatory Authority of India 
Mahanagar Doorsanchar Bhawan (next to Zakir Hussain College) 
Jawaharlal Nehru Marg (Old Minto Road) 
New Delhi: 110 002
[email protected] @rssharma3 @trai 
Dear Mr RS Sharma,
Subject: Contempt of Rule of Law and the orders of the Supreme Court of India
Mr. Sanjeev Banzal, Advisor(NSL) recommended, vide No 102-2/2015-NSL-II dated January 20th 2017, to the Secretary, Department of Telecommunications to use Aadhaar based eKYC to re-verify existing mobile subscribers. 
Mr. Prashant Verma, ADG (AS-II) of Ministry of Communications, Department of Telecommunications (Access Services Cell) has been instructing all unified licensees, unified access service licensees and cellular mobile service licensees vide File No. 800-26/2016-AS.IIdated 23.03.2017 to re-verify all existing mobile subscribers through Aadhaar based eKYC process. Mr. Verma uses the documentation by the order of two member bench of the Supreme Court in WP(C) 607/2016 dated 06.02.2017 of the position brought to its notice as a direction of the court. He also asks the licensees to destroy old customer acquisition forms after an Aadhaar “verification”.
Mr Sanjay Kapur had filed an IA on behalf of the TRAI (IA 22, 23 of 2015) on Oct 3rd 2015 with the prayer to modify its order of 11.08.2015 in WP 494 of 2012 to permit biometric eKYC for paperless activation of telephone connections/SIM cards as an alternative process to the existing process of verification of telecom subscribers, till the disposal of the present writ petition. Kindly note the following:
1. A five member bench headed by the then Chief Justice of India in its order dated Oct 15th 2015, turned down your prayer to allow linkage of Aadhaar numbers with SIM activation. The court reiterated all its previous orders. In particular we draw your attention that the court  stated that:
1. “After hearing the learned Attorney General for India and other learned senior counsels, we are of the view that in paragraph 3 of the Order dated 11.08.2015, if we add, apart from the other two Schemes, namely, P.D.S. Scheme and the L.P.G. Distribution Scheme, the Schemes like The Mahatma Gandhi National Rural Employement Guarantee Scheme (MGNREGS), National Social Assistance Programme (Old Age Pensions, Widow Pensions, Disability Pensions) Prime Minister’s Jan Dhan Yojana (PMJDY) and Employees’ Provident Fund Organisation (EPFO) for the present, it would not dilute earlier order passed by this Court. Therefore, we now include the aforesaid Schemes apart from the other two Schemes that this Court has permitted in its earlier order dated 11.08.2015” 
2. “We impress upon the Union of India that it shall strictly follow all the earlier orders passed by this Court commencing from 23.09.2013
3. “We will also make it clear that the Aadhaar card Scheme is purely voluntary and it cannot be made mandatory till the matter is finally decided by this Court one way or the other”
2. The three member bench of the Court had noted earlier in its order of August 11, 2015 that: “The learned Attorney General had stated that the respondent Union of India would ensure that Aadhaar cards would only be issued on a consensual basis after informing the public at large about the fact that the preparation of Aadhaar card involving the parting of biometric information of the individual, which shall however not be used for any purpose other than a social benefit schemes.”. It had therefore ordered that 
1. “The Unique Identification Number or the Aadhaar card will not be used by the respondents for any purpose other than the PDS Scheme and in particular for the purpose of distribution of foodgrains, etc. and cooking fuel, such as kerosene. The Aadhaar card may also be used for the purpose of the LPG Distribution Scheme;
2. “The information about an individual obtained by the Unique Identification Authority of India 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. 
3. In its first order of September 23, 2013, the apex court had highlighted that “In the meanwhile, no person should suffer for not getting the Aadhaar card inspite of the fact that some authority had issued a circular making it mandatory”.
4. Furthermore, the use of Aadhaar for linking to other databases, retention, storage or publishing is not only prohibited but also a punishable offence under the The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016
It is evident that all communications of the TRAI/DOT to require linkage of Aadhaar are invalid and bad in law. Moreover, they are also in contempt of the Supreme Court and are showing complete disrespect for the Rule of Law. 
In light of these facts, and to ensure that you do not continue to commit contempt of the Supreme Court of India, disregard the Rule of Law and get embroiled in needless controversy and criminality that results from the use and linkage of Aadhaar with the issue and use of SIM and telephones, we require that you kindly issue an immediate and urgent notification and advertise widely highlighting these facts and that mobile and telephone companies can not and do not require or use Aadhaar numbers or Aadhaar information for any process.
Sincerely yours,
CC 
1. TRAI members and Advisors
2. Chief Justice of India, ℅ Chief Justice’s Conference Secretariat, Supreme Court of India, Tilak Marg, New Delhi-110 201 Email: [email protected]
***********************************************************************************
October 2nd 2017
Secretary,
Ministry of Finance,
128-A/North Block, 
New Delhi
Dear Dr Hasmukh Adhia,
Subject: Contempt of Rule of Law and the orders of the Supreme Court of India
Mandeep Kaur, Dy. Secretary of your department notified GSR 538(E), citing powers conferred by sub-section (1) read with clause (h), clause (i), clause (j) and clause (k) of sub-section (2) of section 73 of the Prevention of Money-laundering Act, 2002 (15 of 2003), on June 1st 2017.
We draw your attention to the following:
1. A five member bench headed by the then Chief Justice of India in its order dated Oct 15th 2015, had reiterated all its previous orders. In particular we draw your attention that the court  stated that:
1. “After hearing the learned Attorney General for India and other learned senior counsels, we are of the view that in paragraph 3 of the Order dated 11.08.2015, if we add, apart from the other two Schemes, namely, P.D.S. Scheme and the L.P.G. Distribution Scheme, the Schemes like The Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), National Social Assistance Programme (Old Age Pensions, Widow Pensions, Disability Pensions) Prime Minister’s Jan Dhan Yojana (PMJDY) and Employees’ Providend Fund Organisation (EPFO) for the present, it would not dilute earlier order passed by this Court. Therefore, we now include the aforesaid Schemes apart from the other two Schemes that this Court has permitted in its earlier order dated 11.08.2015” 
2. “We impress upon the Union of India that it shall strictly follow all the earlier orders passed by this Court commencing from 23.09.2013”
3. “We will also make it clear that the Aadhaar card Scheme is purely voluntary and it cannot be made mandatory till the matter is finally decided by this Court one way or the other”
5. The three member bench of the court had noted earlier in its order of August 11, 2015 that: “The learned Attorney General had stated that the respondent Union of India would ensure that Aadhaar cards would only be issued on a consensual basis after informing the public at large about the fact that the preparation of Aadhaar card involving the parting of biometric information of the individual, which shall however not be used for any purpose other than a social benefit schemes.”. It had therefore ordered that 
1. “The Unique Identification Number or the Aadhaar card will not be used by the respondents for any purpose other than the PDS Scheme and in particular for the purpose of distribution of foodgrains, etc. and cooking fuel, such as kerosene. The Aadhaar card may also be used for the purpose of the LPG Distribution Scheme;”
2. “The information about an individual obtained by the Unique Identification Authority of India 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. 
6. In its first order of September 23, 2013  court had highlighted that “In the meanwhile, no person should suffer for  not  getting the Aadhaar card inspite of the fact that some authority had  issued a circular making it mandatory”.
7. Under section 74 of the Prevention of Money-laundering Act, 2002 (15 of 2003) every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.The rules have not been laid before the Parliament as required by parliamentary procedure
8. Furthermore while clause (h) of the Prevention of Money-laundering Act, 2002 (15 of 2003)was omitted by s. 29 with effect from 15.2.2013 and clause (i), clause (j) and clause (k) of sub-section (2) of section 73 does not allow for freezing of any  asset or making it inoperable.
9. Furthermore, the use of Aadhaar for linking to other databases, retention, storage or publishing is not only prohibited but also a punishable offence under the The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016
It is evident that the GSR 538(E) to require linkage of Aadhaar is invalid and bad in law. More over it is in contempt of the Supreme Court and a disrespect for the Rule of Law. The tactic to coerce people under an invalid legislation that is in contempt of court is undemocratic and deplorable at the very least.
In light of these facts, and to ensure that you do not continue to commit contempt of the Supreme Court of India, disregard the Rule of Law and get embroiled in needless controversy, money-laundering, and criminality that results from the use and linkage of Aadhaar with the opening of bank accounts and undertaking financial transactions, we require that you kindly issue an immediate and urgent notification and advertise widely highlighting these facts and that banks can not and do not require or use Aadhaar numbers or Aadhaar information for any process including KYC and payment transactions.
Sincerely yours,
CC 
1. Dr Urjit R Patel, Governor, Reserve Bank of India, 16th floor, Central Office Building, Shahid Bhagat Singh Marg, Mumbai – 400 001 [email protected][email protected] for similar action to notify banks to purge all Aadhaar usage
2. Chief Justice of India, ℅ Chief Justice’s Conference Secretariat, Supreme Court of India, Tilak Marg, New Delhi-110 201 Email: [email protected]

Related posts

#AadhaarMafia Delhi Cop threatens activist – If you don’t have aadhaar or address proof you should be surrounded and killed

‘जिसका आधार नंबर और एड्रेस नहीं है हम उसे कहीं भी ख़तम कर सकते हैं’
‘एक अभियान चल रहा है घेरो और मारो’
Sub Inspector threatens  activist   Shabnam Hashmi 
New Delhi –  Shabnam Hashmi who is  a  founder trustee  of Pehchan , which  runs a small centre in Jaitpur extension and teaches school drop outs every year, coaches them to appear for 10th and 12th from Jamia. It also runs sewing classes for women.
She  received a call from Director of Pehchan coaching centre at 8.59pm  today who e told her  that Haseen husband of one of the women (Mubina) , who had learnt stitching at our centre, got a call from a man who said that he was calling from the Lajpat Nagar police station and was a sub inspector. He threatened Haseen and called him to the police station regarding some complaint. She gave me SI’s name and number.
Usually when someone is called at night we do try and call up the police officer concerned, try and arrange a lawyer to go with whoever has been called to the police station.,’ shabnam hashmi said  and added m’I did the same. Unfortunately my telephone did not have a call recorder downloaded. The conversation which was full of abuses, using highly derogatory and uncivilized language could not be recorded. I cut the phone after 15 minutes or so and downloaded a call recorder quickly. In between the person who claimed to be the Sub Inspector Sandip Malik from Lajpat Nagar Police Station called 4 times but I didn’t pick up the phone till the recorder was downloaded.
 Shabnam Hashmi ahs audio recording  which is self explanatory.
The earlier conversation was a lot more threatening and abusive as compared to what has been recorded.  I was directly threatened that I will be killed in an encounter and that there is the new law according to which whoever doesn’t have an aadhaar and address proof should be surrounded and killed (‘एक अभियान चल रहा है घेरो और मारो’ ).
The man who claimed to be the sub inspector called from mobile no 7065824289.
The conversation and the Sub Inspectors’ threat raise serious questions which the Government of the day and the Police Commissioner must answer.
Accoridng to truecaller, the number belongs to one Ashish Kumar and has also been indicated as a police number.

Related posts

Stop #Aadhaar- What you can do

Sign Petition to Chief Justice of India 

https://secure.avaaz.org/en/petition/Chife_Justice_of_India_Stop_Mandatory_Aadhaar_for_services/share/?new

We the undersigned  request  Chief Justice of India  to stop the Government of India to continue committing contempt of court by implementing Aadhaar in each and every way , that it is doing inspite of Supreme Court’s order in the matter.  Aadhaar is  cannot be made mandatory till the matter is finally decided by the apex court one way or the other We request you to urgently hear the pending Aadhaar PILS

Draft letter you can send to your MP to request they take up amending Aadhaar Rules which are in parliament (drafted by Saurabh Bhatt)

Dear Sir/Madam,

Subject: Mandatory Use of UID-Aadhaar in Violation of Orders of the Supreme Court and Lacunae

in Aadhaar (Enrolment and Update) Regulations, 2016

We write to about the Aadhaar (Enrolment and Update) Regulations, 2016 [hereinafter, Aadhaar

Regulations] that have currently been laid before each House of Parliament in pursuance of Section 55

of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016

(hereinafter the Aadhaar Act), and seek to draw your attention to the lack of substantive and procedural

safeguards against exclusion of citizens through the use of Aadhaar.

At the outset, we express our profound sense of alarm at the manner in which Aadhaar has been made

mandatory, in clear disregard of Orders of the Supreme Court, for access to various entitlements,

subsidies, services, legal compliance, etc. We are constrained to point out that the Supreme Court has

repeatedly emphasised that the Aadhaar number “is purely voluntary and it cannot be made mandatory

till the matter is finally decided by the Court one way or the other“. It must also be noted that the

Supreme Court has, through its order dated 14-09-2016, persisted with the prohibition on the

mandatory use of Aadhaar even after the passage of the Aadhaar Act. As such, insistence of mandatory

submission of Aadhaar Number for an ever-expanding list of services and activities constitutes an

unconscionable breach of the rule of law as well as contempt of the Supreme Court of India.

Even as such mandatory use of Aadhaar constitutes a violation of Supreme Court order, it also reinforces

the need for a robust, accessible, and accountable procedural mechanism for preventing misuse of

Aadhaar number and protecting citizens from denial of services due to linkage with Aadhaar. However,

the procedures envisaged by the Aadhaar Regulations fail to conform to elementary principle of fairness,

access and natural justices that have been recognized as integral part of Art. 14 of the Constitution. We

draw your attention to the following aspects in particular:

Deactivation without pre-decisional hearing

Regulations 29 to 32 of the Aadhaar Regulations provide for deactivation of Aadhaar number. In view

of the linkage between Aadhaar number and basic services, including basic services recognised as part

of the Right to Life under Article 21 of the Constitution, strict procedures with rigorous safeguard

constitute an imperative. Yet, Regulation 29 fails to provide for pre-decisional hearing to the number-
holder as a compulsory requirement. The Regulation uses the phrase “deactivation may require field

inquiry”, suggesting that UIDAI has the discretion to dispense with an inquiry.

Further, clause (2) of the Regulation suggests that UIDAI may ask another agency to carry out the inquiry

and submit a report. The regulation however makes no mention of the selection process of this agency,

the qualifications of the persons carrying out such inquiry or the procedure the agency must follow.

Another cause of concern is that clause (3) of Regulation also fails to provide any guidance on the

officers within the UIDAI that would be authorised to carry out such deactivation or what procedure

they would follow prior to deactivating the Aadhaar number.

Inadequacy of Grievance Redressal

Regulation 30 of the Aadhaar Regulations require an aggrieved number-holder to pursue a complaint

through the “grievance redressal mechanism” set up under Regulation 32. Regulation 32 states that the

UIDAI “shall set up a contact centre to act as a central point of contact for resolution of queries and

grievances of residents, accessible to residents through toll free number(s) and/ or e-mail.”

However, the Regulations contain no indication about the powers of the contact centre or the

procedures it shall follow. In view of the critical impact of any deactivation of Aadhaar number and

consequent denial of services, grievance redressal mechanism must be prompt, effective and accessible.

But in the absence of both substantive and procedural norms, the mechanism envisaged under

Regulation 32 is in danger of being nothing more than a charade.

Further, the mechanism also fails the principle of access given its reliance on phones and emails. Such

a mechanism would serve to exclude those without phones or internets who even at this moment,

constitute a sizable section of our citizenry. Admittedly, clause (3) of Regulation 32 allows residents to

“raise grievances by visiting the regional offices of the Authority or through any other officers or

channels as may be specified by the Authority.” But with regional offices currently existing in mere 8

states, this option may also prove to be an illusory rope.

Levying and collecting Fees

The Aadhar (Enrolment and Update) (First Amendment) Regulations 2017 have authorised Registrars,

Enrolling Agencies and other Service Providers to collect a fee from the residents for the services

provided by them. Imposition of fees would constitute a dual burden on citizens and residents. Not only

are people being compelled to sign up for Aadhaar, they shall also be charged a fee for such enrolment.

Indeed, it seems a cruel joke being played at the cost of people of India.

In view of these lacunae, we believe that Aadhaar Regulations fail to act as a strong bulwark against

exclusion of people due to linkage of Aadhaar and other services. Therefore, we write to you and call

upon you to exercise your responsibility as Members of Parliament and request you to endeavour to

modify or annul the Aadhaar Regulations under Section 55 of the Aadhaar Act before the Regulations

become final.

Thanking you

Yours sincerely,

 

Serve contempt notice if forced to give aadhaar (drafted by Anupam Saraph)

Please ask others who face the same scene as you to complain. Do please tweet your complaints with #UIDContempt.
Here is a draft notice of contempt along with copies of the relevant orders of the Supreme Court that should be served to each agency in contempt of the orders of the Supreme Court after editing as required.
Name/Address of concerned authority that is forcing for an Aadhaar number
Dear Sir/Madam,
Subject: Contempt of Rule of Law and the orders of the Supreme Court of India
We are shocked that you have been continuing to require and use the UID number and associated data for purposes beyond that approved by the Supreme Court of India. We are also disturbed that you are mandating the requirement of the UID number. This is an unbelievable disrespect of the rule of law and of the repeated orders of the Supreme Court of India. 
Your actions have also resulted in coercing children, elderly and others alike to have to register for an UID number against their free will. Your actions also constitute an illegal functional creep that cannot be morally or legally justified. Your actions reek of creating a fait accompli before the court finally decides on the matter and hence does not uphold the promise of justice, liberty, equality or fraternity.
We draw your attention to the Hon’ble Supreme Court’s orders of 11 August 2015 restricting the use of Aadhaar to PDS Scheme, for the distribution of foodgrains, and cooking fuel, such as kerosene and LPG. This was extended to allow its use for the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), National Social Assistance Programme (Old Age Pensions, Widow Pensions, Disability Pensions) Prime Minister’s Jan Dhan Yojana (PMJDY) and Employees’ Provident Fund Organisation (EPFO) in its orders of 15 October 2015. The Court also stated that the information about an individual obtained by the Unique Identification Authority of India while issuing an Aadhaar card shall not be used for any other purpose. The use of the UID number/ Aadhaar or information associated with it for any purposes other than that allowed by the court as well as it being mandated for any purposes not allowed by the court is a contempt of the rule of law and the orders of the Hon’ble Supreme Court of India. 
We also draw your attention to the orders of 15 October 2015 where the Court reiterated that the UID number/Aadhaar card Scheme is purely voluntary and it cannot be made mandatory for the permitted uses till the matter is finally decided by this Court one way or the other. 
We require that you immediately cease to require the UID number as your usage does not fall into the allowed uses of the UID/ We require you to end the mandatory requirement for the UID number and make the procedures for those with or without the UID number identical.
We trust you will share your compliance of the orders within 7 days, publish widely your decision to abide by the orders of the Supreme Court and not cause us to seek other remedies and relief for your failure to respect the rule of law. 
Sincerely yours,
CC 
1. Shri Nripendra Mishra, Principal Secretary to Prime Minister, 152, South Block, Raisina Hill, New Delhi-110011
2. Prime Minister of India, 152, South Block, Raisina Hill, New Delhi-110011 Email: [email protected] Twitter: @narendramodi @pmoindia
3. President of India, Rashtrapati Bhavan, New Delhi – 110 004 email: [email protected] 
4. Chief Justice of India, ℅ Chief Justice’s Conference Secretariat, Supreme Court of India, Tilak Marg, New Delhi-110 201

 

DO MENTION IN COMMENTS IF YOU HAVE ACTED ON NAY OF THE ABOVE ACTIONS 

Related posts

Are you being forced to have #Aadhaar #UID ? – Complain SC

 

PLEASE DO SEND COPY OF YOUR COMPLAINTS TO [email protected]

FACE BOOK GROUP SAY NO TO UID

 

 

 

childuid

Aadhaar (alias UID – unique identity number), is not to be made mandatory for any government service according to repeated Supreme Court orders in September 2013, March 2014 and the latest on 16th March 2015. Recently in the apex court, the judge further reprimanded the central government, “It is your duty to ensure our orders are followed. You can’t say states are not following our order.”

If there are cases of anyone being denied an entitlement or government service because they don’t have aadhaar, please send a letter to the Supreme Court at their official postal address, fax
The Registrar,
Supreme Court of India,
Tilak Marg,
New Delhi-110 201 (India)
PABX NOS.23388922-24,23388942-44,
FAX NOS.23381508,23381584,23384336/23384533/23384447
and email: [email protected] (
At the head of the message, it would be wise to mention, “For the kind attention of Hon’ble Mr Justice Chelameswar and companion judges hearing the matter regarding Aadhaar, in the matter of Aruna Roy v. Union of India Writ Petition (Civil) No. 833 of 2013″.
 I will request all of you to also write  complaints in the comments section of the blog post to keep a record of the complaints 
you can also end your complaint to me at- PLEASE DO SEND COPY OF YOUR COMPLAINTS TO [email protected], after you  send your complaint to Supreme Court
you can also post on FB GROUP – SAY NO TO UID
https://www.facebook.com/groups/nouid/?fref=ts

Related posts

Not just Aadhaar: your privacy is under threat from all kinds of players #UID

Not just Aadhaar: your privacy is under threat from all kinds of players

Reuters

The privacy of India’s citizens is under threat, thanks to a weak state. By weak state one means the absence of a strong basis in law for most of the acts allegedly carried out on behalf of the state. A strong state is one where every action of the state or its representatives is grounded in law, which itself is intended to protect the citizens from arbitrary official action.

India is a weak state as it enables powerful people manning various state or private institutions to use gaps in the law to impose mindless new costs and regulations on citizens without commensurate benefits.

Thanks to the absence of a law on privacy, and weak implementation of whatever law that exists, the Indian citizen has now been left vulnerable to fraud, blackmail and other forms of harassment by state or non-state actors. And no one can actually help you if you are a victim of one.

Consider the amount of data now being collected from private citizens either without the authority of law, or by agencies that supposedly act within the law, but which cannot mandate protection of your information or data.

The Unique Identification Authority of India collected biometric and other data from over 600 million Indian residents without any law mandating the safekeeping of your private data. Now that the Modi government has made peace with UIDAI’s Aadhaar and plans to use it for its own schemes, one wonders how it can do so without legislating a law to protect this data from misuse. When private parties collect my biometric data, what is the guarantee this won’t remain in private hands, and lend itself for misuse?

Every bank, every mutual fund and every financial institution with whom citizens have dealings demands a lot of financial and other details from citizens: father’s name, mother’s name, mother’s maiden name, date of birth, account details, annual income. Today’s Mint newspaper (dated 28 July) discusses how mutual funds are seeking details of income and from 1 August you cannot buy a mutual fund without giving these details in a second form.

As of now, you can still fib about your income, but what if tomorrow they demand salary slips and more details? All this is possible because market regulator Sebi is expected to play a policing role on behalf of the taxman. Mutual funds are supposed to report suspicious transactions to the Financial Intelligence Unit – which means spying on you by demanding income statements. What if this information, now lying unprotected with mutual funds, lands up with the local gangster who can now kidnap kids and demand ransom, secure in the knowledge of how much he can demand from whom?

Even mobile companies now demand bank statements as address proof. So copies of your bank statements showing incomes and salary inflows are now with mobile and phone companies. The data itself is collected by direct selling agents or staff who keep moving in and out of companies for marginal increases in pay. Who will protect our financial data given to mobile phone companies? What if the info leaks? Who is accountable?

Of course, we are not only talking about data demanded officially, but also private players. From Google to Flipkart to every transaction site, a lot of your personal data is now with private agencies who now know all your financial details, the passwords you tend to use, the things you are interested in, etc. If this data leaks out or is misused, every transaction of yours can be compromised.

The sheer amount of personal information – especially financial information – collected by all kinds of unaccountable agencies and private parties is now so staggering that no citizen can feel safe about sharing information that is demanded almost at every street corner. Even shops and cable operators now demand to know you PAN number – the former if your purchases exceed a certain level, the latter routinely.

The problem with India’s state agencies and regulators is that they collect loads of data without knowing what they will use it for, and how it will be protected.

The Radia tapes affair showed how even information legitimately collected can leak into the public domain and make waves. This clearly shows that before we impose any more rules on the kind of data we need  to collect (for tax purposes, KYC, payment of subsidies, etc) we must legislate a powerful privacy protection law.

The law must cover the following aspects.

One, it must clearly emphasise that the data given under any law or rule is the property of the private citizen and it can be used only for the specified purpose by the agency collecting it. If a bank statement is given to a mobile company, the info is only for the purpose of ascertaining the address, and not for anything else. If a mutual fund collects income statements, it is only meant for checking for any inconsistency in investments and income show. The data again cannot be shared with any outside party.

Two, breaches of privacy must carry heavy penalties. Leaks of any data should not only incur fines, but for more serious breaches, it must lead to prosecution and jailing of the officials concerned.

Three, all agencies – public or private – collecting data from the public must be forced to follow internal processes that specifically protect the data. Just as government departments have information officers to give out information sought through RTIs, there must be designated privacy protection officers who will be accountable for data leaks.

Four, institutions using private parties and direct selling agents (DSAs) to collect data will be liable for any lapses on the parts of their agents. Use of private agents cannot absolve the principal of liability if things go wrong. In the case of the UIDAI, all biometric and other data already collected must be fully protected. This means UIDAI must go back to their data collecting agencies and ensure that any data still left in private hands is either destroyed, or accounted for with full past and future liability.

The point of all this is simple: in these days of phishing and other kinds of internet frauds, the availability of so much unprotected data offers crooks and scamsters lots of options to hack into citizens’ accounts and make a killing. Moreover, financial data in the wrong hands can lead to blackmail, extortion and other forms of demands.

Just consider: when everything from date of birth to mother’s maiden names to salary info is available easily, wouldn’t hacking of accounts become easy with minor efforts?

Also, if all future payments under NREGA, etc, are made through payment banks or other mass disbursal agencies, would it be very difficult to skim 99 paise from every account without the poor account-holder guessing what is happening to her in village Rampur? A million accounts skimmed and shown as miscellaneous bank charges is unlikely to be questioned by any party – and that is a million bucks to somebody on the basis of skimming just under Re 1 from millions of account.

The government has to start taking the privacy issue seriously. The UPA never did. Will Modi’s government be different?

 

Read more heer- http://firstbiz.firstpost.com/money/not-just-aadhaar-your-privacy-is-under-threat-from-all-kinds-of-players-92081.html

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Arun Jaitley – My Call Detail Records and A Citizen’s Right to Privacy #Aadhaar #Uid

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By  Arun Jaitley

In the past few months I have been closely monitoring a series of news reports which deal with surveillance of my mobile phones. An effort has been made to get access to my call detail records. On two occasions senior officers of the Delhi Police have met me to keep me informed of the progress of the case.

The Facts

On three occasions the Delhi Police has officially asked for the call detail records of the mobile phone which I regularly use. These details have been asked for by the South District, the Central District and the Crime Branch of Delhi Police. The reason for officially seeking the call detail records are both curious and ridiculous. On two occasions for two different periods the Call Detail Records were sought ostensibly on the ground that they were required for a verification in relation to the crime of multiple murders which had been committed in a farmhouse in Delhi. On the third occasion a Head Constable of Delhi Police sought the details and successfully obtained them on the ground that he was returning from the Saket Courts, an anonymous source advised him to check up the call detail records of my telephone number since the same may provide some evidence in relation to a fake currency racket. Obviously, both the pretexts were palpably false. Even for the wildest of imagination there would not be any evidence available in my phone details in relation to these offences. I hardly have any familiarity with the persons involved in these crimes or in relation to the subject matter of the offence.

In another incident the Delhi Police unearthed an effort to a constable of the Police acting at the behest of a private detective agency to get the Call Detail Records of some of the phones which are used by persons around me. Two phones in my name are used by two drivers whom I alternatively use and the third one is used by my son. When I am in my car or at a meeting, I do receive calls on my driver’s numbers. The Delhi Police claims that this attempt was foiled by a vigilant employee of the Service Provider who suspected foul play in these transactions.

The details of these calls being observed through official and illegal channels were for the periods November-December,2012 and January 2013. It was junior officers of the police including the officials at the level of Head Constable and Constables who could get access to these Call Detail Records.

It is obvious that somebody during this period was desperately trying to look for some evidence in my call details. The combined effort has covered the phones which I regularly use and some phones of persons who accompany me which I may incidentally use. Regrettably the Delhi Police believes that each of these efforts are unconnected and there is no pattern in the fact that an attempt was being made both successfully and unsuccessfully to monitor the persons with whom I am in touch with during the critical period. I find it difficult to accept this explanation of the Delhi Police that it is unable to find out the master-mind behind this operation and it is merely co-incidental that so many activities were taking place at the same time to get at my Call details.

The Delhi Police would have me believe that these were unconnected developments. The inability of the Delhi Police to find out the master-mind behind this operation does not mean that there is no master-mind. Either the investigation is extremely incompetent to discover the identity of the master-mind or the Delhi Police finds it embarrassing to name the master-mind. My guess is still wide open. This could be an out-sourced operation to a Government agency or a private rogue operation.

The Effect

My object in raising this issue is not to play a victimhood card. I raise this issue because some larger questions of public interest are involved.

Firstly, every citizen in India has a right to privacy. His right to pirivacy is an inherent aspect of his personal liberty. Interference in the right to privacy is an interference in his personal liberty by a process which is not fair, just or reasonable. A person’s Call Detail Records can throw up details of several transactions. In the case of an average citizen it can reflect on his relationships. In the case of a professional or a business person it can reflect on his financial transactions. In the case of a journalist it can reveal the identity of his sources. In the case of a politician it can reveal the identity of the person with whom he has regular access. Every person has ‘a right to be left alone’. In a liberal society there is no place for those who peep into the private affairs of individuals. No one has a right to know who another communicates with him. The nature of communication, the identity of persons being communicated with and frequency of communications would be a serious breach of privacy. If Constables and Head Constables of police officially (even though on false pretexts ) or unofficially can get access to Call Detail Records of an individual (in this case Leader of Opposition in one of the Houses of Parliament) the personal liberty of an individual would be in peril.

In the case of a Member of Parliament, this raises an additional issue. A Member of Parliament like a media person receives information from various sources. It is in public interest that the identity of the sources is to be concealed. Most scams are exposed by insiders. If identity of sources are revealed there is a danger of the sources drying up and public interest suffering. A Member of Parliament has several undefined privileges. Nobody has a right to know who communicates with him. If those who communicate with him are exposed nobody would be willing to provide information to a Member of Parliament. This will be detrimental to public interest. If the privileged phone records of the Leader of Opposition can be accessed so easily, one shudders to think as to what would happen to an ordinary citizen.

This incident throws up another legitimate fear. We are now entering the era of the Adhaar number. The Government has recently made the existence of the Adhaar number as a condition precedent for undertaking several activities; from registering marriages to execution of property documents. Will those who encroach upon the affairs of others be able to get access to bank accounts and other important details by breaking into the system? If this ever becomes possible the consequences would be far messier.
Read morehere- http://www.bjp.org/index.php?option=com_content&view=article&id=8683:article-shri-arun-jaitley-on-qmy-call-detail-records-and-a-citizens-right-to-privacyq&catid=68:press-releases&Itemid=494

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