RAM K. KAUSHIK

Aadhar Or UID Project Mandatory - Techno Legal News and Views

Aadhaar article No 926

Posted on 7th December 2010

By Ram K Kaushik

Unique identification project (UID project) or Aadhar project has been portrayed by unique identification authority of India (UIDAI) as optional and non mandatory. However, this is not true. The truth is that UIDAI is making Aadhar project mandatory by using arm twisting techniques and through tie up arrangements.

This is another departure of UIDAI from its declared policy. Previously UIDAI declared that it would not support a vendor lock-in policy. However, it openly supported closed source software vendor Microsoft in this regard.

This supports the claims that the main purpose of Aadhar project is not social inclusion but social oppression through violating the privacy rights of Indians on the one hand and illegal and unlawful sharing of hard earned tax money as booty sharing on the other hand.

Neither Aadhar project nor UIDAI are supported by any legal framework. So much so that even after the National Identification Authority of India Bill 2010 (Bill), both Aadhar project and UDIAI would still remain unconstitutional project and illegal authority, says Supreme Court of India Lawyer Praveen Dalal.

This is because the Bill has no safeguards for prevention of privacy rights violations and keeping in mind the e-surveillance nature of the project, this cannot pass the tests laid down by the Indian Constitution.

Further, by making it compulsory for public distribution system, food security requirements, security transactions, financial and banking purposes, etc the intention of the government of India in general and UIDAI in particular is very clear. Instead of making it compulsory directly they are making it compulsory indirectly.

Even this compulsive drive of government of India and UDIAI is unconstitutional and illegal informs Praveen Dalal. According to the Constitution of India if the government or its agencies cannot do anything directly they also cannot do the same indirectly, says Praveen Dalal.

From beginning to its present state, both Aadhar project and UIDAI are illegal and unconstitutional and no justification can be given for the public money already spent and that would be spend in future by UIDAI without “Constitutional Recognition”, opines Praveen Dalal.

UIDAI is able to do all these wrongs and irregularities because we Indians are very docile and are not willing to protest against this illegal arrangement of Indian government. The time is not far when Indian government and UIDAI would destroy all your civil liberties keeping aside the constitution of India.

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RAM K. KAUSHIK 




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