Aadhaar cases pending in courts

published on March 31, 2013

Several cases have been filed in various courts questioning the security aspects and the legality with regard to Aadhaar cards.

The National Identification Authority of India Bill, which seeks to establish an Identification Authority and lay down the process of issuing the Aadhaar cards and safeguards for protection of privacy of Aadhaar number holders, is yet to be cleared in Parliament. But the Unique Identification Authority of India (UIDAI) has already enrolled more than 30 crore people.

In November, a Supreme Court bench of Chief Justice Altamas Kabir and Justice J Chelameshwar issued notices to Ministry of Finance, Planning Commission and the UIDAI on a PIL by a retired judge of Karnataka High Court K S Puttaswamy who said the government was bypassing Parliament by going ahead with  the distribution of UID numbers.

Interestingly, a PIL was filed in the Bombay HC last week questioning the lack of safeguards in the Aadhaar cards. The court directed the UIDAI and the Centre to decide the matter within three months.

The PIL by Vickram Krishna, Kamayani Bali Mahabal, Yogesh Pawar, Dr Nagarjuna G and Prof R Ramkumar said such mandatory, non-voluntary and coercive enrolment for Aadhaar cards was against one’s personal integrity and right to make decisions for themselves. It also violated the Right to Life under Article 21 of the Constitution, they added.

The Karnataka HC issued notices to the UIDAI and the Centre on a petition challenging the order of a City Civil and Sessions Court that refused to entertain an appeal to declare ‘Aadhaar scheme illegal’.

Speaking to Express, the petitioner, V K Somashekhar, said, “The government cannot enforce something on every citizen. The UIDAI cannot waste thousands of crores of public money in building a system without any legal sanction. We certainly will fight to make every responsible person accountable and recover the money wasted.”

“Moreover, the Parliamentary Standing Committee has found the project full of uncertainty in technology as the complex scheme is built upon untested, unreliable technology and on assumptions,” Somashekhar added.

This apart, the Andhra Pradesh HC has issued notices to the Union Petroleum Secretary, oil marketing companies and State Civil Supplies Department directing them to place information on the rationale for linking Aadhaar cards to LPG supply to domestic consumers.

In another case, the Punjab and Haryana HC has issued notices to the Centre and the Union Territory Administration where the UID card was made mandatory for registration of vehicle and getting driving licence. However, this stands cancelled now.

In all of these cases, the government is yet come out with proper answers to the petitioners’ queries.

Read More : http://newindianexpress.com/cities/bangalore/article1524002.ece