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

'Flawed' argument: Gandhi had minimal role, naval mutinies alone led to Independence

Counterview Desk Reacting to a Counterview  story , "Rewiring history? Bose, not Gandhi, was real Father of Nation: British PM Attlee 'cited'" (January 26, 2016), an avid reader has forwarded  reaction  in the form of a  link , which carries the article "Did Atlee say Gandhi had minimal role in Independence? #FactCheck", published in the site satyagrahis.in. The satyagraha.in article seeks to debunk the view, reported in the Counterview story, taken by retired army officer GD Bakshi in his book, “Bose: An Indian Samurai”, which claims that Gandhiji had a minimal role to play in India's freedom struggle, and that it was Netaji who played the crucial role. We reproduce the satyagraha.in article here. Text: Nowadays it is said by many MK Gandhi critics that Clement Atlee made a statement in which he said Gandhi has ‘minimal’ role in India's independence and gave credit to naval mutinies and with this statement, they concluded the whole freedom struggle.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Maize, bajra, jute, banana cultivation banned off West Bengal border: Plea to NHRC

Counterview Desk  West Bengal-based human rights defender Kirity Roy, who is secretary, Banglar Manabadhikar Suraksha Manch, and is national convenor of the Programme Against Custodial Torture & Impunity, in a representation to the chairman, National Human Rights Commission, second within few days, has bought to light one more case of trespassing and destruction of a fertile banana plantation by BSF personnel along the Indo-Bangladesh border, stating, despite a written complaint to the police has taken "no initiative".

India second best place to invest, next to UAE, yet there is 'lacks support' for IT services

By Sreevas Sahasranamam, Aileen Ionescu-Somers*  The United Arab Emirates (UAE) is the best place in the world to start a new business, according to the latest annual Global Entrepreneurship Monitor (GEM) survey. The Arab nation is number one for the third year in a row thanks to a big push by the government into cutting-edge technology in its efforts to diversify away from oil.

Mahanadi delta: Aggressive construction in flood plains, reduced fish stock, pollution

By Sudhansu R Das  Frequent natural calamities, unemployment, low farmers’ income, increase in crime rate and lack of quality human resources to strike a balance between growth and environment etc. continue to haunt the state. The state should delve into the root causes of poverty, unemployment and natural calamities.

Living standards in 'model' Gujarat worse than major states: Govt of India document

By Rajiv Shah  Amidst raging controversy over whether the latest Government of India’s “Household Consumption Expenditure Survey 2022-23 Fact Sheet: August 2022-July 2023” suggests that India’s poverty levels are actually down to 4.5 to 5%  during the decade-long Narendra Modi rule, a state-wise breakup in the 27-page document shows that “model” Gujarat’s average consumption expenditure is far below most of the so-called developed states.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

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".

Not livable in summer, Chitrakut PM-Awas houses 'push' tribals in moneylender trap

By Bharat Dogra*  Those who are in-charge of implementing the PM-Awas scheme of rural housing can rightly take pride in what has been achieved in Dafai hamlet (Karvi block, Chitrakut district, Uttar Pradesh). All the Kol tribal families here are extremely poor and vulnerable. In a rare achievement, almost all of them have received housing assistance under PM Awas. 

Narmada Valley's fossil evidence: Ground for 'nationalists' to argue primates' India roots?

By Saurav Sarkar*  In December 1982, a geologist digging in India’s Central Narmada Valley found something he did not expect. Arun Sonakia, who at the time worked for the Geological Survey of India, unearthed a hominid fossil skullcap from the Pleistocene era. The discovery sent shockwaves through the field of paleoanthropology and put South Asia on the map of human prehistory. Some experts concluded that the skull likely belonged to a member of a predecessor species of ours, Homo heidelbergensis , or perhaps was a hybrid of homo species, while Sonakia himself suggested “ an affinity… to Homo erectus .”

Sharp 61-85% fall in Tech startup funding in India's top 'business-friendly' States

By Rajiv Shah Funding in Tech startups in top business-friendly Indian states has witnessed a major fall, a data intelligence platform for private market research has said in a series of reports it has released this month. Analysing Tech startup data of Telangana, Maharashtra, Delhi NCR, Gujarat, Tamil Nadu, Karnataka and Kerala, Tracxn Technologies Ltd , the Bengaluru-based research firm, finds that except for Kerala, funding witnessed a fall of anywhere between 61% and 85%.