Aadhar card


is it necessary to submit aadhar card every where if not then what is remedy for that?
 
Reply   
 
Lawyer, Scholar

That's perhaps the most hypothetical question I've ever seen, at least on LCI, and I must be the most lukkha advocate to answer it too cheeky.

If the other party absolutely insists on Aaadhaar number, you have to provide it, simple. If any other proof of identity will work as well, use that instead of Aadhaar to protect your privacy as far as possible.

 
Reply   
 


advocate

hahaha #Atul love the honesty

 

 
Reply   
 

Its a serious matter, every where aadhar number is being made mandatory without any protection to privacy. Why aadhar number is necessary for fillng exam forms? how some institution can insist even after supreme court order for not making it mandatory?

 
Reply   
 

Originally posted by : upendra rai
Its a serious matter, every where aadhar number is being made mandatory without any protection to privacy. Why aadhar number is necessary for fillng exam forms? how some institution can insist even after supreme court order for not making it mandatory?

Fully agree that it is a serious matter.

 

Privacy is an inherent human right and a requirement for maintaining the human condition with dignity and respect. Two proverbs say it best: Quis custodiet custodes ipsos? ("Who watches the watchers?") and "Absolute power corrupts absolutely."

 

Privacy protects us from abuses by those in power, even if we're doing nothing wrong at the time of surveillance. Cardinal Richelieu understood the value of privacy and surveillance when he famously said, "If one would give me six lines written by the hand of the most honest man, I would find something in them to have him hanged." Watch someone long enough and you'll find something to arrest or some material to blackmail with. Privacy is important because without it, surveillance information will be abused: to peep, to sell to marketers or to spy on political opponents, whoever they happen to be at the time.

 

We do nothing wrong when we indulge in some private moments or go to the bathroom for privacy. We are not deliberately hiding anything when we seek out private places for reflection or conversation. We keep private diaries, sing in the privacy while bathing in bathroom, or write letters to secret lovers and then burn them. Thus privacy is a basic human right. That is why Article 12 of Universal Declaration of Human Rights recognizes privacy as a fundamental human right. Similarly that is why Article 17.1 of International Covenant on Civil and Political Rights recognizes privacy as a fundamental human right. The Section 2(1)(f) of Protection of Human Rights Act, 1993, recognizes International Covenant on Civil and Political Rights and thus clearly acknowledges privacy as fundamental human right necessary for life of dignity.

 

Similarly Part III of the Constitution is an inspiration from Universal Declaration of Human Rights that is why privacy is embedded in Article 21. The same privacy is flowing into Identification of Prisoners Act 1920. Since privacy is a fundamental human right recognized by Article 21, and thus privacy cannot be invaded unless someone is criminally accused or convicted, that is why under the Sections 3, 4 and 5, the fingerprints, photographs and other bodily measurements, can be taken only of those who are criminally accused or convicted persons. Similarly since these measurements and photographs belong to the accused are held in trust in fiduciary capacity, when released without trial or discharged or acquitted by any Court, then as a matter of right of privacy and dignity of such person, the Section 7 mandates that all measurements and all photographs are be destroyed or made over to the person released without trial or discharged or acquitted. When fingerprints, biometrics or other bodily measurements of citizens are taken by State coercion of those who are neither accused or convicted, the State is reducing the dignity of the innocent to level of criminally accused or convicts, the State is changing the foundations of sovereign dignified relationship of citizens with the State, from masters of the State to it's slaves.

 

Fundamental rights are those rights without which our lives becomes miserable. Without right of privacy our lives will become miserable. Can the State or any court say(erroneously) that since privacy is not a fundamental right, the right to wear clothes to cover ones body or stay in privacy of home is not allowed and have to live and roam publicly fully naked? Savages do not have any privacy right that is why they live and roam about naked. With the progress of civilization, the respect and sanctity of right of privacy has increased and not gone town downwards the direction of savages and early man.

 

Since privacy is so foundational for our being as humans, that is why a future in which privacy would face constant assault was so alien to the framers of the Constitution that it never occurred to them to call out privacy as an explicit right. Privacy was inherent to the nobility of their being and their cause. Of course being watched in your own home was unreasonable. Watching at all was an act so unseemly as to be inconceivable among gentlemen in their day. You watched convicted criminals, not free citizens. You rule your own self and body. It's intrinsic to the concept of liberty. Too many wrongly characterize the debate as "security versus privacy." The real choice is liberty versus control. Tyranny, whether it arises under threat of foreign physical attack or under constant domestic authoritative state scrutiny, is still tyranny. The very purpose of creating a State with Constitutional guarantees is to safeguard liberty. Liberty requires security without intrusion, security plus privacy. Widespread police surveillance under any color or pretext, is the very definition of a police state. And that's why we should champion privacy even when we have nothing to hide.

 

What can be done since the matter is already with Supreme Court? Collect the evidence of coercion and provide directly to Supreme Court or contact the existing petitioners or their lawyers. Also provide the legal facts mentioned in this post so that can be told to Supreme Court that privacy is indeed a fundamental right beyond any doubt. May visit the following websites, contact the relevant persons to further this matter and share this post with them -

 

http://rethinkaadhaar.in

 

https://twitter.com/no2uid/status/846270551630888960

 

http://cis-india.org/internet-governance/blog/the-aadhaar-case

 

May also contact Advocate Shyam Divan who is probably fighting the ongoing Supreme Court case of K. Puttaswamy v. Union of India and share the points mentioned in this post, so the same can also be told to Supreme Court.

 
Reply   
 

Thanks a lot..

 

 
Reply   
 
Scientist/Engineer

Dear Democratic Indian:  We do not do anything in this country unless some other "Advanced Country" has done somthing similar. Has any other "Advanced Country" adopted an adhaar system? Of course the name may not be adhaar, it may be a different name.

 
Reply   
 

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
Dear Democratic Indian:  We do not do anything in this country unless some other "Advanced Country" has done somthing similar. Has any other "Advanced Country" adopted an adhaar system? Of course the name may not be adhaar, it may be a different name.

Dr. Ramani Ji, this country is not forcing the UID project because some other  "Advanced country" adopted it. Many countries have actually rejected this UID project due to various reasons including privacey, very bad cost benefit ratio etc. etc.

 

In reality the "Advanced country" is actually arm twisting this country into adopting this Aadhar(UID) project because it's software companies, marketing companies, it's financial system and surveillance State of "Advanced country" will be able to access the Aadhar database at the click of the mouse button. Now since Indian State wants to push "Make in India" project, it means it may become serious economic competitor to China. Will China allow this or do it's best to balkanize india? Similarly America would not like another China to emerge. It is worth speculating that in order to prevent a serious economic and industrial competitor, some point in near future the economic interests of America and China may converge for balkanization of the Indian State.  If you objectively analyze the political, economic and social condition in India now, is it not heading towards the fate of former USSR? Because now Russia, China and Pakistan are aligned into undeclared military alliance, this country has literally fallen prostrate at the feet of America for protection and advanced military equipment. Obviously America will demand it's pound of flesh.

 

Dr. Norbert Haering is a German business journalist and blogger. His best selling book on “Abolishing cash and the consequences” was published in 2016 by Bastei-Luebbe (in German). He has mentioned about this in his blog America ordering India to do demonitization. May read these links to understand further the matter in detail -

 

http://norberthaering.de/en/home/32-english/news/745-washington-s-role-in-india

 

http://norberthaering.de/en/home/32-english/news/749-modi-2

 

http://greatgameindia.com/imf-paper-teaches-govts-wage-war-cash-pushes-cashless-world/

 
Reply   
 

sir I agree with you.

 
Reply   
 
Scientist/Engineer

Even without Adhaar life has become miserable particularly for old people. Some years back I stood in queue and submitted documents for entry of my name in the electoral rolls. I did not know where to inquire regarding its progress and totally forgot the same. Some months later my wife brought the election cards. She said the neighbouring grocer gave it to her. My name and photograph were distorted. The address was wrong. What kind of identity card it was!. Now if you shift your residence it is a nightmare. You cannot operate your bank account unless you make your account KYC compliant. You will need all kinds of documents with regard to your new address. I do not think that we are being pressurised by any Advanced country. I suspect that some Tuglaks are sitting in critical places.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu

web analytics