Aadhar other government agencies .It was also assumed

Aadhar card is a 12 digit
identification number issued by the the concerned authority on behalf of the
government of india. This number, also known
as Unique Identity Number (UID), is linked with a number of demographic and
biometric details. Any individual, of any age and gender, who is a resident of
India, may by its own will and choice enrol to obtain Aadhaar number. Aadhaar
card comprises of some important features such as name of the individual,
Father/Mother’s name, Date of Birth, Sex, address of the individual and
biometric features such as photograph, fingerprints and iris (eye) details. Issues
have arose that the government and agencies denies benefits to the consumers if
adhaar not produced to them. Apart from the issues with the establishment of
adhaar various new things catering to the society has cropped up allowed the
government to directly transfer social benefits to the person under various
schemes,people who have been socially excluded now by having a aadhar can
access various social benefits too. There has been a very wide controversy on
adhaar in relation to hampering/violating the right to privacy of the
individual for the simple reason for not having any formal
statute/legislation.The UIDAI is also not responsible to the parliament if
there is a failurein the system.There are so many private people who have
engaged themselves in issuing adhaar even before the data base goes to the
CIDR. The threat to right to privacy was that the UIDAI can share the biometric
information of the citizens with the other government agencies .It was also
assumed that by usage of biometric data ,individuals can be tracked, harassed
etc. The Aadhaar (Targeted
Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016
was passed by the Lok Sabha. Subsequently the Bill was returned by the Rajya
Sabha with five key amendments, but these were not taken into consideration and
therefore Lok sabha passed it as a Money Bill. The
Aadhaar bill basically plans to use the identification number issued by the
Unique Identification Authority of India (UIDAI) to provide subsidies of the
state directly to the beneficiaries.The government has now made obligatory for
every citizen of india to have an aadhar card and also provided a precondition
of providing services or social benefits after fulfilment for the same this
condition was not mandatory earlier when the Aadhar bill of 2016 was passed.

SCOPE OF AADHAR

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The objective is to show
the ambit and advantages of linking Aadhaar card to various systems. The government
of India has attatched the Aadhaar card with various  schemes/services like subsidies given for
cooking gas, providing scholarship for schools, passports, bank accounts under the
scheme of PMJDY (Prandhan Mantri Jan Dhan Yojana), provident funds account,
pensions, driving license, insurance policies, waiving loans etc. The list does
not end here for linking of aadhar with the important services of the
government there are many more like it has made obligatory for ATM Cash
Transaction, reservation of railways,  applying for PAN (Permanent Account Number)
card, and filing income tax returns, mobile sim etc.The recent news suggested
that UGC (University Grants Commission) made mandatory in the universities to
include a photograph and seed the 12 digit Aadhaar number on the mark sheet as
well as on the certificates to bring consistency and transparency. Let us
dicuss the schemes of the government and importance of those schemes to the
citizens whether it has caused hindrance or rather violated the right to
privacy of the citizens or has proved to be useful by prevention corruption.

a) Indian railways

India is one of the best
with regard to transportation where almost million of passengers in india
travel by railways to various destinations situated in india. So in this
scenario the government is trying to provide the best possible means of comfort
and facilities to the individuals. Recently discussions have been in talk for
introducing or establishment of bullet trains which provide faster mode of travel
with ofcourse less time needed. Earlier an individual had to go to the railways
counters for any mode of support be it reservation or enquiry but with the
introduction of advanced technologies an individual can directly book the
tickets by sitting at home via online procedures and through there authorised
government site called IRTC(Indian railways tourism and corporation ltd).The
most important concer via filling up the particulars of the form for
reservation of the ticket the individual has to fill up details like name,
address, date of birth, mobile number, email id etc. etc and then the person
can either get a print out of the same or getting an sms for the same too. But
the most glaring factor of an hour is anyone can misuse this type of facility
they can misuse the mobile number of the person for fraudently travelling free
of cost how would a person be identified in this manner so the government has
basically now taken an initiative to enter the 12 digit number on the aadhaar
card which on the trial basis for 3 months and also show the aadhar to the
concerned checking authority along with the sms received. But this is not
enough to prevent the fraudent acts of the individuals for more security some
of the more initiatives would be taken on the platform by the government for
the same.

Linking of aadhar with
bank accounts

As we are aware of the so
called fact that linking or obtaining of aadhar was not at all mandatory but
now the scenario is way more different the government has made it compulsory
for all the individuals to link there 12 digit aadhar number with their bank
account if not linked the account woukld be treated as invalid a strict rule
indeed this is done to curb the opening infinite number of accounts with the
purpose of depositing n number of cash with any enquiry as to from where the
huge some of money is coming from. Speaking from personal experience as a law
student while i was doing my internship there was a person who had 14 bank
accounts and each account with a different name and with huge some of money.
Now the most glaring factor is from where the money is coming the business does
not give so much of returns so by assumption it is a black money or the person
is involved in some illegal business. So to curb such fraudulent acts of the
people the linking of aadhar will allow the government to inquire into the
occupation of the person to know how much returns the person is getting and
also will help to know the number of accounts of the person which he/she has
opened in various other banks.

Cooking gas

Earlier as we know that
linking of aadhar was not mandatory to obtain subsidies for the same by the
citizens but government in the recent sceanario has made compulsory to provide
certain incentives on cooking gas for the household by proving subsidies for
the same. And for this reason in order to obtain this linking of aadhar is an
important creiteria and the procedure for providing subsidies would directly go
into the banks of the concerned person in their account which would lead to
less practice of fraudulent means.

 PDS (Public Distribution System)

PDS (Public Distribution
System) was implemented in India in 1965 for the poor people who can have the
food delivered at a low cost or free of cost. In fact the government bought the
food grains from the farmer at a procurement price and sell the food grains
through the PDS. In 1997, the universal PDS system (where each and every one
was eligible, even rich people can opt for PDS for low cost food grains) was
abolished, and the entire country was divided into two parts, APL (Above
Poverty Line) and BPL (Below Poverty Line). Now, only BPL citizens are only
allowed to have an access to the PDS at low or free of cost 26. Recently the
government has linked Aadhaar card with the PDS system to overcome the frauds.
The major reason to implement Aadhaar based PDS system is that there were
increase in the number of ‘Rice Mafia’, people who just use the rice from the
government using fake ID’s and sell it outside to someone else for profit 27.
It is to be noticed that in previous PDS, each citizen with ration card were
allotted with specific FPS (Fair Price Shop) or ration shops. However linking
of Aadhaar card provides the access of any nearby FSP’s or Ration Shops

Making aadhar mandatory
for the passengers travelling via air

The Times of India in its
report stated in the year 2017 that next year that is 2018 that airports
authority of india(aai) will implement the government programme that is DIGI
YATRA as one of the most important project in coming year of 2018 from
basically three airports as per report stating that is Kolkata, ahmedabad and
Vijayawada and then would implement in other vairports of the cities.in this
system of linking aadhar flyers have to use the biometrics in order to prove
their identity in order to enter the terminal in this way their  Aadhaar-linked airline database will show
which flight they haved booked and also linked airport databases will show they
have been security screened and allowed access to boarding gate closer to the
flight departure time. These three steps would subsequently exclude the need to
show paper ID cards, paper tickets and boarding cards. AAI chairman said  that this solution provides the passenger an
option to enter aadhar number while booking the tickets.

Linking of mobile number
with aadhar card

.As we all know that
earlier before making the aadhar card linkage mandatory there are millions of
people in the country like india would had access to buying of the new sim by
showing very lenient documents without any problem. So ofcourse by ststing the
above facts people would and did ofcourse indulged in the so called
impersonation, misuse of the number with an illegal intention to fraud anyone.
But as we all know the government of the country would not see this mishap
happening quietly had played a very smart move by linking the aadhar card with
the mobile numbers of the person so thst it can easily trace the true identity
of the individual if some mishap happens for that matter.

Protection of data and
right to privacy

Loopholes attached to
aadhar card as linking it with various services of the government

Aadhar Card has been a
highlighted news  recently for a lot of
controversial reasons.many aadhar card holders feel that the compulsory policy
launched by the government that basically asked Indian citizens to link their
aadhar card number with their bank accounts and PAN Card was a direct violation
of their Legislative Right to Privacy.

The loopholes in the
aadhar card are as follows

MISUSE OF bank details

As aadhar makes
obligatory for the Indians  to link their
bank account with the aadhar card, it can lead to some serious problem, if
users bank details are not protected and leaked or misused in any of the ways

 

COMPROMISING with the
right to privacy of the citizens

. Aadhar
holds bio-metric data and residential information of each individual in the
country. Now according to the  government
rules, the information is linked with the bank accounts of all the individuals  including  voter Id, PAN card etc. Assumption is made if
all the  users information is leaked or
used for improper  purposes by the
government. We will not be able to 
refuse  that majority of  the Government officers are corrupt and won’t
mind manipulating the individual  information for some extra income.

Not an easy process to
use/the usage is uneasy

More than 30% population
in india is not educated, and because of illetracy it is difficult for them to
understand  or operate properly by using
an aadhar card. As we all know a country like india which is a developing one
ofcourse comprises of several rural areas  where aadhar card centers or offices are not
established. Not allowing  these rural
people from having an identity proof

There have been multiple
cases come up in which implementing aadhar had faced problems.  The main purpose is to discuss the cases.

According to The Times of India there was a
controversy on aadhar  in which the
Aadhaar card were being considered invalid on multiple grounds. The case was
there was a senior citizen who got his card without any problem,but the problem
cropped up when he got the Aadhaar card stating the ‘Year of Birth’ instead of
‘Date of Birth’ which was taken to be invalid. Subsequently the Secretary of
State (Mumbai) IT Department considered it to be valid as the senior citizens
who were born before the year 1989, can use Year of Birth as they didn’t had
the provision for birth certificate during that period of time. Recently,
Aadhaar has been made mandatory to be linked with PAN card, since then various
cases of mismatching names on PAN card and Aadhaar card have also been reported
44. The main reason is that Aadhaar does not require to disclose the name of
the citizen without initials where as the PAN requires the disclosure of full
name with the initials. Because of this , many people are unable to link PAN
with Aadhaar card. As per the finance act 2017,  Aadhaar is made compulsory for applying a
fresh PAN application and for filing Income Tax returns. The  government is also saying that the existing
PAN would be cancelled if Aadhaar has not been linked with it; the reason is to
regulate the escape of taxation  and
exclude multiple PAN’s. In this  the linkage
of Aadhaar to PAN is a good initiative but name of Aadhaar card has not paid
much attention while implementing this project. Though such types of problems
are occurring, it is to be noticed that Income Tax department made mandatory to
link Aadhaar card with bank accounts by 30 April 2017 to self-certify them to
comply with FACTA (Foreign Tax Compliance Act) regulations 44.

4 Supreme Court of India’s Findings

Aadhaar card is a major concern for the nation which
led the Supreme Court of India interferes. The objective of this section is to
present the findings of the court. On 20th 
November of 2012, the legislative and the state knocked the door of
Supreme Court of India where the court observes the arguments against National
Identification Authority of India Bill 2010 which possibly overlaps the Article
73 of Constitution of India which states “Extent of the executive power of the
Union, states that, Subject to the provisions of this Constitution, the
executive power of the Union shall extend to the matters with respect to which
Parliament has power to make laws and to the exercise of such rights, authority
and jurisdiction

as are exercisable by the Government of India by
virtue of any treaty or agreement”. On 23rd September of 2013, the Supreme
Court of India held by three-judge bench ordered that the Central Govt. cannot
refuse to give subsidies to the person who does not possess an Aadhaar card.
Therefore, court admitted that Aadhaar is voluntary but not mandatory. But in
2016, the Supreme Court of India extended the use of Aadhaar Card to MGNREGA,
pension schemes, EPF (Employee Provident Fund) and PMJDY though Aadhaar was
first only restricted to Cooking Gas subsidies and PDS distribution system. On
7th February of 2017, the Supreme Court of India ordered to link mobile number
with Aadhaar card as well as reminds that the government cannot make Aadhaar
mandatory for welfare schemes. It is to be noticed that in January 2017-March
2017 alone the government of India has made possession of an Aadhaar card
mandatory for availing over 30 central schemes. On 27th March 2017, the court
again reiterated that government cannot make Aadhaar mandatory for welfare
schemes 30. However, the court has not stopped the government to make Aadhaar
mandatory for other schemes. Recently Supreme Court of India has also started
hearing on a batch of petitions challenging Section 139AA of Income Tax Act
which made mandatory linking of Aadhaar with IT Returns. Senior Advocate
Aravind Datar argued that the Section 139AA of Income Tax Act is contrary to
the orders of the Supreme Court, and further the section violates Article 14
and 19(1)(g) of the constitution of India. A similar type of petition was also
filed by the former Kerala minister and CPI leader Binoy Viswam stating that
section 139 AA(1) is ‘illegal and subjective’ and violates Article 14 and
Article 21 of Constitution of India 50.    

 

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