The Finance Ministry has yet again extended the deadline by which people can link their Aadhaar numbers to PAN, until December 31, 2019. Rethink Aadhaar maintains that such linking is disproportionate and unconstitutional. A challenge to such linking is being heard in the Karnataka High Court wherein the Central Board of Direct Taxes (CBDT) has asked for more time to respond. The HC has directed the CBDT not to take any action against the petitioners for not linking Aadhaar to PAN until the hearing is complete.
Last year, we created the Article 21 Trust as an engine that could power further struggles to counter the impact of Aadhaar and other civil technologies on human rights – in particular the right to life, liberty, and livelihood (as the name of the Trust might suggest). Article 21 will support Rethink Aadhaar through fundraising as well as working on necessary research.
On July 16, the Delhi High Court directed the Election Commission of India (ECI), to consider a plea for an Aadhaar-based voting system, in response to a PIL filed by BJP member Ashwini Kumar Upadhyay. The petition “proposes an e-voting system using fingerprint and face biometric” and, for that purpose, linking of Aadhaar number with voter ID. Such a system, the petition claims, will lead to an increase in voting percentage while also preventing bogus or fraudulent voting.
While the government is trying hard to crush every voice against Aadhaar, one person from Mumbai not only fought, but also won against the government's mandatory linking policy. Hear Mr Ramesh Kurhade of Mumbai Port Trust as he shares the story of his unwavering fight against Aadhaar.
A number of concerned citizens and NGOs have come together to felicitate Mr Kurhade in the hope that his experience will give courage to others. The felicitation and his talk will be followed by brief interventions from additional speakers: Dr. Anupam Saraph, Vickram Crishna, Raghu (aka godavar), Vidyut Gore, Elisha Ebenezer, and more.
Over 260 organisations and concerned citizens across the spectrum of Indian society have written (read the letter) to the Vice President of India, who is also the Chairperson of the Rajya Sabha, and the Prime Minister demanding that the Aadhaar Amendments Bill and DNA Bill be subjected to greater scrutiny by sending them to the appropriate Parliamentary committees.
The Union Government has listed for introduction in the Lok Sabha tomorrow (January 2, 2019) the Aadhaar and Other Laws (Amendment) Bill, 2018, in the Lok Sabha. There are serious concerns violating court orders and citizens rights in this.
The Right to Food Campaign in Jharkhand reported the death of three more people from starvation after their ration cards were canceled due to not linking with Aadhaar. The full RFC update is included here.
In 2016, some of us came together to formulate a response to the Aadhaar onslaught and attempted to organise resources to challenge Aadhaar. We also worked to raise awareness and developed resources to help others understand - and critique - the project. We thought we would be focused on both “welfare and privacy” - two worlds that did not seem particularly connected until the UID project attacked our rights in both spheres. Some of us loosely began calling for “Rethink Aadhaar” (or “no2UID”).
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.
It has been 849 days since the Indian Supreme Court decided to set up a Constitution Bench to examine if Aadhaar project violates Indian Constitution. Every day that the court delays in deciding on this matter, there are more instances of people suffering because Aadhaar has been made ‘mandatorily voluntary’. Since the matter didn’t get listed in the Supreme Court on its own, there was a mentioning by the lawyers today in morning in the court of the Chief Justice of India.
Today, the Supreme Court tagged the four new petitions brought before it with the other pending Aadhaar cases. All the petitions will be heard by a Constitution Bench, possibly by end of November. The Court assured the petitioners that if the matter is not heard at the end of November, it would consider issuing interim orders to stay the linking of Aadhaar with bank accounts and mobile services.
We welcome the judgment of the Supreme Court affirming the Right to Privacy as a fundamental right. This is a historic day.
This judgment comes to us after a reference in the Aadhaar cases starting in in 2012 where the Union Government in August 2015 argued that the fundamental right to privacy does not exist under the Constitution. Since then the government and UIDAI, the agency managing the Aadhaar database, have consistently argued in Court that Indians have no fundamental privacy and that privacy is a concern only of the elite. These pernicious arguments have finally been laid to rest.
Tomorrow the Supreme Court of India will decide whether or not Indian citizens have a fundamental right to privacy. This historic decision will have far reaching consequences. A bench of nine judges including the Chief Justice of India, Justice Khehar, Justices Jasti Chelameswar, SA Bobde, RK Agarwal, Rohinton Nariman, AM Sapre, DY Chandrachud, SK Kaul and S Abdul Nazeer have heard the case.
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.
