Skip to main content

Aadhaar not compulsory: Union human resources ministry "clarifies" after civil rights NGO writes to apex court

By Our Representative
Responding to letters of Citizens Forum for Civil Liberties (CFCL) to the Chief Justice of India, Union Minister of Human Resource Development and Secretary, University Grants Commission (UGC), and contempt applications in the Supreme Court, the Universities Grants Commission (UGC) has “clarified” students who have applied or wishing to apply for scholarship/fellowship “shall not be denied benefit thereof due to non-availability of Aadhaar No./Card.”
CFCL had sent letters to the three authorities on August 26, 2016, July 12, 2016 and 2nd July, 2016, drawing attention of the apex court view taken in 2014 that “no person shall be deprived of any service for want of Aadhaar number in case he/she is otherwise eligible/entitled.” 
It directed “all the authorities are directed to modify their forms/circulars/likes so as to not compulsorily require the Aadhaar number in order to meet the requirement of the interim order passed by this Court forthwith.”
The apex court confirmed its order October 15, 2015 saying its part order would remain in force till the time court itself does not waive it. Says CFCL’s Gopal Krishna in a statement, “The Court’s order makes it clear that UID/ aadhaar remains voluntary.”
The latest Government of India decision to take back its earlier decision to make Aadhaar card for UGC scholarships and fellowships is likely to adversely affect other government ministries which had sought to make Aadhaar/UID compulsory.
Already, Ajay Bhushan Pandey, Chief Executive Officer, Unique Identify Authority of India (UIDAI), has said that “at least from the UIDAI side, we have not said it shall be mandatory.”
According to Krishna, the Government of India has “illegitimately and illegally” been trying to make UID/Aadhaar Number mandatory by making it structurally irreversible outwitting Court’s directions although the very first promise which legally questionable UIDAI made in its UID/Aadhaar Enrolment Form is/was that it is “free and voluntary”.
“Government’s notification of September 12, 2016 also underlines it”, he says, though regretting, “The fact is that it is neither free nor voluntary. It is not free because the foreign companies involved are admittedly charging Rs 2.75 per enrolment. Central, State Governments and other agencies have been illegally seeding UID/Aadhaar in their IT systems to make it structurally mandatory.”
Pointing out that “it is only Court’s order that has kept UID/Aadhaar voluntary”, Krishna says, “Attempts to make UID/Aadhaar compulsory have emerged as an act of bullying by the government agencies and turning citizens into subjects by making right to have inalienable, natural, fundamental and constitutional rights conditional on biometric identification.”
“The revision of the UGC’s order by central government ahead of the upcoming hearing in the Supreme Court vindicates the position of CFCL and eminent citizens who have issued Statement of Concern and Public Statement seeking halting of UID/Aadhaar project”, Gopal claims.
He adds, “This revision reveals that the Central government, state governments and other agencies who have been attempting to make it mandatory have been manifestly been wrong.”
Krishna believes, In view of the “urgency” admitted and recorded by Court’s Bench of five judges headed by Chief Justice of India to the biometric UID/Aadhaar Number case, “it appears inappropriate that even as the apex Court is to determine the legal status of UID/Aadhaar, Indian residents are being coerced to accept 12 Digit Biometric UID/Aadhaar Number as a fait accompli.”

Comments

TRENDING

Buddhist shrines massively destroyed by Brahmanical rulers in "pre-Islamic" era: Historian DN Jha's survey

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

India sees 62 journo deaths, 4th highest, amidst pandemic: Swiss media rights body

By Our Representative The Switzerland-based media rights body Press Emblem Campaign (PEC) has noted that India is the fourth most affected country as far as mediapersons’ death on account of Covid-19 is concerned. According to Blaise Lempen, secretary-general of PEC, the global tally of casualties among media persons in the Covid-19 pandemic has reached 1,036 journalists in 73 countries till date.

Liberating Bengal Hindus? Worst flames of communal division, lessons from the past

By Shamsul Islam*  The whole thrust of the RSS-BJP election campaign for 2021 state assembly elections in West Bengal has been to save Bengal from the rule of Mamata Bannerjee who is allegedly not a ‘Hindu’. Prime Minister Narendra Modi, a self-proclaimed Hindu nationalist, as usual set the polarizing agenda. While addressing the first election rally, he called upon the electorate to overthrow the ‘nirmam’ (cruel) rule of Mamata by showing a ‘Ram Card’. He did not name Hindus directly but there was no confusion about the religious identity of the electorate Indian PM was addressing to.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Pradeep Bhattacharya, who spent his life for the cause of working masses, rational thinking

By YS Gill*  At 11:30 pm on May 3, 2021, I lost my best friend and comrade Pradeep Bhattacharya. He spent his life dedicated to the cause of the working masses and rational thinking. A person of thorough scientific outlook and a well-read student of Marxian thought, he was a walking encyclopedia and could speak on a wide variety of topics from art and culture to science, philosophy, history and politics.

Rs 5 crore 'demand' for India Today anchor: What about 52 lesser souls who died in April?

By Vidya Bhushan Rawat*  A well known Hindutva protagonist masquerading as journalist passed away recently resulting in messages of condolences and tribute right from the Prime Minister and the Home Minister to progressive liberals expressing grief of his untimely death. It is said that he passed away due to cardiac arrest, though the fact is, he was also Covid infected. The Prime Minister and the Home Minister termed him a ‘brave’ journalist, insisting, his passing away has left a big ‘vacuum’.

Modi's Hindutva 'ensuring' empowerment of rich, disenfranchisement of poor

Bhabani Shankar Nayak*  The Hindutva socio-psychopaths are neither nationalists nor patriotic people. These medieval reactionary forces don’t understand the idea of citizenship, justice, liberty, equality and humanism. Indian democracy is merely an electoral transaction for the Hindutva forces. Hindutva forces neither follow science nor understand the sufferings of fellow human beings. These core qualities are common among the Hindutva forces in India.

Communal rhetoric? Hindutva preached by RSS-BJP is 'monolithic', not Hinduism

By Prem Verma*  I am a devout Hindu but not a believer of RSS Hindutva form of Hinduism which brings about hatred of other religions. My Hindu religion has not taught me to look down on other religions and neither has it instilled in me to go about converting others to my religion because my religion is superior.

India's Covid-19 'nightmare': A product of majoritarian Hindutva ideological praxis?

By Bhabani Shankar Nayak*  Indians struggle to find place and time to bury their dead due to the devastating effects of the second wave of Covid-19 in India. The crematoriums in the capital cities are overflowing with dead bodies. People are dying without oxygen and basic medical support. The cities like Delhi and Mumbai are struggling to cope with the rising number of infections and COVID-19 led deaths. The deaths and destitutions are products of a defunct BJP government led by Narendra Modi.

Indian media persons collapsing to Covid disease as fast as 3 per day, third highest

Yogesh Sharma, Shailesh Rawal  By Our Representative  The Switzerland based media rights and safety body, Press Emblem Campaign ( PEC ) has said that it is “alarming for Indian journalists”, who have lost at least 107 colleagues to Covid-19”, noting, Indian “journo-colleagues” have been collapsing to the Covid-19 complications now as fast as three scribes per day. In a statement, PEC said, “India with 107 media corona-casualties has already placed itself on the third position just below Brazil (181 dead) and Peru (140) in the list of Covid-19 victims among journalist.”