["The latest proposal to make the UID mandatory for all those who are
required to file Income Tax returns will affect a smaller chunk of the
population than the notification making the UID mandatory for rations.
But interestingly, if you do not file your Income Tax returns, it is
not exclusion, rather you can face penal action. In effect, no tax
payer will be able to choose to be outside UID system without being
criminalised. Nothing allows the government to take away my
entitlements, or criminalise me if I do not comply with the project
declared by the highest court of this land to be voluntary."

(The text of the relevant portion of the latest SC order, dated August
11 2015, reads as under:

Having considered the matter, we (the three-judge bench) are of the
view that the
balance of interest would be best served, till the matter is finally
decided by a larger Bench if the Union of India or the UIDA proceed
in the following manner:-
1. The Union of India shall give wide publicity in the electronic
and print media including radio and television networks that it is
not mandatory for a citizen to obtain an Aadhaar card;
2. ***The production of an Aadhaar card will not be condition for
obtaining any benefits otherwise due to a citizen*** (emphasis added);
3. ***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;*** (emphasis added)
4. 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.

Ref: p. 16&17 / 18 at
<http://judis.nic.in/supremecourt/imgs1.aspx?filename=42841>.
May also look up p. 15&16 / 25 at
<http://www.sacw.net/IMG/pdf/uid_sc_orders_11.08.2015.pdf>.)]

http://epaperbeta.timesofindia.com/Article.aspx?eid=31821&articlexml=BY-INVITATION-Aadhaars-insidious-march-continues-23032017008021

Mar 23 2017 : Mirror (Mumbai)
BY INVITATION - Aadhaar's insidious march continues
PRAAVITA


The last few weeks of UID Aadhaar-related govern ment notifications
have felt like a reenactment of the Martin Niemöller poem: First they
came for the journalists, then they came for the pensioners, then they
came for the ration card holders, then they came for the children....
The UID project began its life as an Executive Notification dated 28th
January 2009. Even as the project has been working its way into the
government for the last 7 years, it only obtained legal backing in
2016. The Aadhaar Act, through a sneaky process that circumvented the
scrutiny of the Upper House of Parliament, became law as a Money Bill
in March 2016. A batch of petitions challenging the constitutional
validity of the UID project has been ongoing in the Supreme Court
since 2012. The petition has been pending a hearing by a bench of 5 or
more judges on the question of whether Privacy is a fundamental right
in India.No less than 5 orders of the Supreme Court have held that
possession of a UID number cannot be made mandatory to access
entitlements or benefits.The most recent of these orders was in
October 2015. Despite the passage of the Aadhaar Act in March last
year, the Supreme Court, in September 2016, recognised its earlier
orders and stated that the UID number could not be made mandatory for
availing certain scholarships. Thus, the UID number cannot be
mandatory for any purpose whatsoever.The notifications making
possession of a UID number mandatory are blatantly illegal.The UID
project has always operated outside the law and continues to do so.

While it might seem like we already give our data unthinkingly to
various private and public bodies, the UID project is unique in its
ability to connect and centralise all the dispersed and diverse
information about ourselves. We as citizens are vulnerable in the
absence of any regulation of data collection, data processing and
surveillance. We do not even know who operates the systems that will
control our data and whom they will share it with.

***The latest proposal to make the UID mandatory for all those who are
required to file Income Tax returns will affect a smaller chunk of the
population than the notification making the UID mandatory for rations.
But interestingly, if you do not file your Income Tax returns, it is
not exclusion, rather you can face penal action. In effect, no tax
payer will be able to choose to be outside UID system without being
criminalised. Nothing allows the government to take away my
entitlements, or criminalise me if I do not comply with the project
declared by the highest court of this land to be voluntary.***
[Emphasis added.]

The Aadhaar project has been marketed to us in many ways. First as a
measure to improve welfare and corruption, and now as a tool for
digital payments and the cashless economy. In terms of welfare, this
year itself, incorrect details entered in Aadhaar enrollement led to 7
lakh pensioners being declared dead in Rajasthan. It has led to the
exclusion of around 30% of ration beneficiaries, around 1 crore
people, under the Public Distribution System in Rajasthan. Inflated
savings claimed to be the result of the project have been repeatedly
punctured by academics and the government's own reports.In the almost
inexorable onward march of this project, we have willingly and
unthinkingly accepted its insidious entrance into every aspect of our
lives.

When it was made mandatory for ration card holders to avail grains
under the PDS, a small number of people questioned the government.
More recently, when they came for the children with the notification
making Aadhaar mandatory for mid-day meals, a larger furor was raised
with protests in Delhi and statements from rights-based campaigns. The
latest attempt to make it mandatory will bring into the net all those
previously unaffected.Now is the time to speak up.They're coming for
you.

The writer is a working committee member of the Rethink Aadhaar Campaign

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