The Right to Food Campaign is deeply disappointed by the 13 March 2018 Supreme Court order which extends the deadline for Aadhaar linking of facilities such as bank accounts and SIM cards, but permits the continued imposition of Aadhaar on social services and entitlements such as the public distribution system (PDS), the National Rural Employment Guarantee Act (NREGA) and social security pensions. This order perpetuates a long-standing double standard, whereby the hardships experienced by privileged classes due to Aadhaar being made mandatory are being addressed while much greater hardships endured by poor people are ignored.
The Interim Order issued by the Supreme Court today has come as a grave disappointment, given the large scale exclusion and cases of starvation deaths reported due to Aadhaar, the biometrics-linked resident ID, from the poorest districts of the country.
Dear friends and subscribers, The March 31, 2018, deadline for linking Aadhaar to various essential services is nearing, which we are sure is a cause for anxiety. We hope this comprehensive newsletter will help you navigate the Aadhaar mess - as always, please feel free to write in with your questions and concerns.
Dear friends and subscribers, The March 31, 2018, deadline for linking Aadhaar to various essential services is nearing, which we are sure is a cause for anxiety. We hope this comprehensive newsletter will help you navigate the Aadhaar mess - as always, please feel free to write in with your questions and concerns.
Constitution Bench hearings on Aadhaar begin: SC asks whether biometric data collected between 2009-2016 should be destroyed
After about seven years since the first challenges to the Aadhaar project, on Wednesday, a Constitution bench began hearing the arguments to decide the legal validity of the project.
The 9-Judge Constitution Bench concluded hearings to settle the question of whether there exists a fundamental right to privacy in India. The bench has reserved its judgment over whether privacy is a fundamental right in India.
The government’s counsels insisted that the Supreme Court should not recognise privacy as a fundamental right. They once again repeated arguments that privacy is an elite concept, that privacy interests are being only canvassed by a minority of wealthy citizens, and further, that only wrong-doers were asking for privacy.
The 9-Judge Constitution Bench continued hearing the arguments of the Government of India to settle the question of whether there exists a fundamental right to privacy in India. In August 2015, the Government of India denied that a fundamental right to privacy exists in India in the ongoing Aadhaar case. After the 9-judge bench finishes hearings on the limited question of whether Indians have a fundamental right to privacy, a 5-judge bench is then expected to rule on whether the Aadhaar scheme violates such a fundamental right and will thereby decide the fate of the Aadhaar project.
The 9-Judge Constitution Bench continued hearing the arguments of the Government of India to settle the question of whether there exists a fundamental right to privacy in India. In August 2015, the Government of India denied that a fundamental right to privacy exists in India in the ongoing Aadhaar case. After the 9-judge bench finishes hearings on the limited question of whether Indians have a fundamental right to privacy, a 5-judge bench is then expected to rule on whether the Aadhaar scheme violates such a fundamental right and will thereby decide the fate of the Aadhaar project.
The 9-Judge constitutional bench resumed hearings to settle the question on whether there exists a fundamental right to privacy in India. This bench in the words of Justice Nariman “..will decide the issue once and for all for conceptual clarity for the nation.” In an important development, several states decided to join the issue on the side of the petitioners and argued that there does exist a fundamental right to privacy in India.
Today, a five-judge bench of the Supreme Court presided over by Chief Justice of India J.S. Khehar heard a bunch of petitions today challenging Aadhaar, a biometrics-linked residents ID, on different grounds, including those related to right to privacy.
They decided to constitute a nine-judge bench to decide on the issue of whether we enjoy a right to privacy as a fundamental right under the Constitution of India.
The Supreme Court on Friday, July 7 heard applications for interim relief to stay notifications which make Unique Identification Number or Aadhaar, a biometrics-linked identity number for residents, mandatory for availing any benefits and entitlements. The applications are by the same petitioners whose challenge against the constitutionality of the Aadhaar Act is pending before a Constitution Bench of the Supreme Court.
