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Aadhar card is a 12
digit identification number issued by the the concerned authority on behalf of
the government of india. This number, also known
as Unique Identity Number (UID), is linked with a number of demographic and
biometric details. Any individual, of any age and gender, who is a resident of
India, may by its own will and choice enrol to obtain Aadhaar number. Aadhaar
card comprises of some important features such as name of the individual,
Father/Mother’s name, Date of Birth, Sex, address of the individual and
biometric features such as photograph, fingerprints and iris (eye) details. Issues
have arose that the government and agencies denies benefits to the consumers if
adhaar not produced to them. Apart from the issues with the establishment of
adhaar various new things catering to the society has cropped up allowed the
government to directly transfer social benefits to the person under various
schemes,people who have been socially excluded now by having a aadhar can
access various social benefits too. There has been a very wide controversy on
adhaar in relation to hampering/violating the right to privacy of the
individual for the simple reason for not having any formal
statute/legislation.The UIDAI is also not responsible to the parliament if
there is a failurein the system.There are so many private people who have
engaged themselves in issuing adhaar even before the data base goes to the
CIDR. The threat to right to privacy was that the UIDAI can share the biometric
information of the citizens with the other government agencies .It was also
assumed that by usage of biometric data ,individuals can be tracked, harassed
etc. The Aadhaar (Targeted
Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016
was passed by the Lok Sabha. Subsequently the Bill was returned by the Rajya
Sabha with five key amendments, but these were not taken into consideration and
therefore Lok sabha passed it as a Money Bill. The
Aadhaar bill basically plans to use the identification number issued by the
Unique Identification Authority of India (UIDAI) to provide subsidies of the
state directly to the beneficiaries.The government has now made obligatory for
every citizen of india to have an aadhar card and also provided a precondition
of providing services or social benefits after fulfilment for the same this
condition was not mandatory earlier when the Aadhar bill of 2016 was passed.

SCOPE OF AADHAR

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The objective is to
show the ambit and advantages of linking Aadhaar card to various systems. The government
of India has attatched the Aadhaar card with various  schemes/services like subsidies given for
cooking gas, providing scholarship for schools, passports, bank accounts under the
scheme of PMJDY (Prandhan Mantri Jan Dhan Yojana), provident funds account,
pensions, driving license, insurance policies, waiving loans etc. The list does
not end here for linking of aadhar with the important services of the
government there are many more like it has made obligatory for ATM Cash
Transaction, reservation of railways,  applying for PAN (Permanent Account Number)
card, and filing income tax returns, mobile sim etc.The recent news suggested
that UGC (University Grants Commission) made mandatory in the universities to
include a photograph and seed the 12 digit Aadhaar number on the mark sheet as
well as on the certificates to bring consistency and transparency. Let us
dicuss the schemes of the government and importance of those schemes to the
citizens whether it has caused hindrance or rather violated the right to
privacy of the citizens or has proved to be useful by prevention corruption.

a) Indian railways

India is one of the
best with regard to transportation where almost million of passengers in india
travel by railways to various destinations situated in india. So in this
scenario the government is trying to provide the best possible means of comfort
and facilities to the individuals. Recently discussions have been in talk for
introducing or establishment of bullet trains which provide faster mode of travel
with ofcourse less time needed. Earlier an individual had to go to the railways
counters for any mode of support be it reservation or enquiry but with the
introduction of advanced technologies an individual can directly book the
tickets by sitting at home via online procedures and through there authorised
government site called IRTC(Indian railways tourism and corporation ltd).The
most important concer via filling up the particulars of the form for
reservation of the ticket the individual has to fill up details like name,
address, date of birth, mobile number, email id etc. etc and then the person
can either get a print out of the same or getting an sms for the same too. But
the most glaring factor of an hour is anyone can misuse this type of facility
they can misuse the mobile number of the person for fraudently travelling free
of cost how would a person be identified in this manner so the government has
basically now taken an initiative to enter the 12 digit number on the aadhaar
card which on the trial basis for 3 months and also show the aadhar to the
concerned checking authority along with the sms received. But this is not
enough to prevent the fraudent acts of the individuals for more security some
of the more initiatives would be taken on the platform by the government for
the same.

Linking of aadhar with
bank accounts

As we are aware of the
so called fact that linking or obtaining of aadhar was not at all mandatory but
now the scenario is way more different the government has made it compulsory
for all the individuals to link there 12 digit aadhar number with their bank
account if not linked the account woukld be treated as invalid a strict rule
indeed this is done to curb the opening infinite number of accounts with the
purpose of depositing n number of cash with any enquiry as to from where the
huge some of money is coming from. Speaking from personal experience as a law
student while i was doing my internship there was a person who had 14 bank
accounts and each account with a different name and with huge some of money.
Now the most glaring factor is from where the money is coming the business does
not give so much of returns so by assumption it is a black money or the person
is involved in some illegal business. So to curb such fraudulent acts of the
people the linking of aadhar will allow the government to inquire into the
occupation of the person to know how much returns the person is getting and
also will help to know the number of accounts of the person which he/she has
opened in various other banks.

Cooking gas

Earlier as we know that
linking of aadhar was not mandatory to obtain subsidies for the same by the
citizens but government in the recent sceanario has made compulsory to provide
certain incentives on cooking gas for the household by proving subsidies for
the same. And for this reason in order to obtain this linking of aadhar is an
important creiteria and the procedure for providing subsidies would directly go
into the banks of the concerned person in their account which would lead to
less practice of fraudulent means.

 PDS (Public Distribution System)

PDS (Public
Distribution System) was implemented in India in 1965 for the poor people who
can have the food delivered at a low cost or free of cost. In fact the
government bought the food grains from the farmer at a procurement price and
sell the food grains through the PDS. In 1997, the universal PDS system (where
each and every one was eligible, even rich people can opt for PDS for low cost
food grains) was abolished, and the entire country was divided into two parts,
APL (Above Poverty Line) and BPL (Below Poverty Line). Now, only BPL citizens
are only allowed to have an access to the PDS at low or free of cost 26.
Recently the government has linked Aadhaar card with the PDS system to overcome
the frauds. The major reason to implement Aadhaar based PDS system is that
there were increase in the number of ‘Rice Mafia’, people who just use the rice
from the government using fake ID’s and sell it outside to someone else for
profit 27. It is to be noticed that in previous PDS, each citizen with ration
card were allotted with specific FPS (Fair Price Shop) or ration shops. However
linking of Aadhaar card provides the access of any nearby FSP’s or Ration Shops

Making aadhar mandatory
for the passengers travelling via air

The Times of India in
its report stated in the year 2017 that next year that is 2018 that airports
authority of india(aai) will implement the government programme that is DIGI
YATRA as one of the most important project in coming year of 2018 from
basically three airports as per report stating that is Kolkata, ahmedabad and
Vijayawada and then would implement in other vairports of the cities.in this
system of linking aadhar flyers have to use the biometrics in order to prove
their identity in order to enter the terminal in this way their  Aadhaar-linked airline database will show
which flight they haved booked and also linked airport databases will show they
have been security screened and allowed access to boarding gate closer to the
flight departure time. These three steps would subsequently exclude the need to
show paper ID cards, paper tickets and boarding cards. AAI chairman said  that this solution provides the passenger an
option to enter aadhar number while booking the tickets.

Linking of mobile
number with aadhar card

.As we all know that
earlier before making the aadhar card linkage mandatory there are millions of
people in the country like india would had access to buying of the new sim by
showing very lenient documents without any problem. So ofcourse by ststing the
above facts people would and did ofcourse indulged in the so called
impersonation, misuse of the number with an illegal intention to fraud anyone.
But as we all know the government of the country would not see this mishap
happening quietly had played a very smart move by linking the aadhar card with
the mobile numbers of the person so thst it can easily trace the true identity
of the individual if some mishap happens for that matter.

Protection of data and
right to privacy

Loopholes attatched to
aadhar card as linking it with various services of the government

Aadhar Card has been a
highlighted news  recently for a lot of
controversial reasons.many aadhar card holders feel that the compulsory policy
launched by the government that basically asked Indian citizens to link their
aadhar card number with their bank accounts and PAN Card was a direct violation
of their Legislative Right to Privacy.

The loopholes in the
aadhar card are as follows

MISUSE OF bank details

As aadhar makes obligatory
for the Indians  to link their bank
account with the aadhar card, it can lead to some serious problem, if users
bank details are not protected and leaked or misused in any of the ways

 

COMPROMISING with the
right to privacy of the citizens

. Aadhar
holds bio-metric data and residential information of each individual in the
country. Now according to the  government
rules, the information is linked with the bank accounts of all the individuals  including  voter Id, PAN card etc. Assumption is made if
all the  users information is leaked or
used for improper  purposes by the
government. We will not be able to 
refuse  that majority of  the Government officers are corrupt and won’t
mind manipulating the individual  information for some extra income.

Not an easy process to
use/the usage is uneasy

More than 30% population
in india is not educated, and because of illetracy it is difficult for them to
understand  or operate properly by using
an aadhar card. As we all know a country like india which is a developing one
ofcourse comprises of several rural areas  where aadhar card centers or offices are not
established. Not allowing  these rural
people from having an identity proof

There have been
multiple cases come up in which implementing aadhar had faced problems.  The main purpose is to discuss the cases.

According to The Times of India there was a
controversy on aadhar  in which the
Aadhaar card were being considered invalid on multiple grounds. The case was
there was a senior citizen who got his card without any problem,but the problem
cropped up when he got the Aadhaar card stating the ‘Year of Birth’ instead of
‘Date of Birth’ which was taken to be invalid. Subsequently the Secretary of
State (Mumbai) IT Department considered it to be valid as the senior citizens
who were born before the year 1989, can use Year of Birth as they didn’t had the
provision for birth certificate during that period of time. Recently, Aadhaar
has been made mandatory to be linked with PAN card, since then various cases of
mismatching names on PAN card and Aadhaar card have also been reported 44. The
main reason is that Aadhaar does not require to disclose the name of the
citizen without initials where as the PAN requires the disclosure of full name
with the initials. Because of this , many people are unable to link PAN with
Aadhaar card. As per the finance act 2017,  Aadhaar is made compulsory for applying a
fresh PAN application and for filing Income Tax returns. The  government is also saying that the existing
PAN would be cancelled if Aadhaar has not been linked with it; the reason is to
regulate the escape of taxation  and
exclude multiple PAN’s. In this  the
linkage of Aadhaar to PAN is a good initiative but name of Aadhaar card has not
paid much attention while implementing this project. Though such types of
problems are occurring, it is to be noticed that Income Tax department made
mandatory to link Aadhaar card with bank accounts by 30 April 2017 to
self-certify them to comply with FACTA (Foreign Tax Compliance Act) regulations
44.

3.3 Lack of Awareness      

There are many cases where the security threats are
due to the lack of awareness in the people. The objective of this section is to
discuss such cases. Recently it has been observed by the UIDAI that there are
various e-commerce websites who are charging to print Aadhaar data on a plastic
card 48. In fact some entities were charging Rs.50 to Rs.200 and making fool of
the customers stating that Aadhaar printed on the plastic card are said to be
‘Smart Card’. However, UIDAI has stated that “There is no such concept called
Smart Card, and Aadhaar data printed on a normal sheet of paper is enough as a
proof.” It cautioned the Government as the websites may not be only interested
in this scheme but the sensitive data in the hands of the e-commerce website
can be misused. Therefore UIDAI warned several e-commerce websites like E-Bay,
Flipkart, Amazon etc. that printing Aadhaar card on the plastic card and
charging for it is a punishable offence, and the e-commerce firms are liable to
pay for it and may lead to imprisonment too under the IPC (Indian Penal Code),
and also under Chapter VI of Aadhaar Act (Aadhaar Act 2016) which states that
“The Authority shall take all necessary measures to ensure that the information
in the possession or control of the Authority, including information stored in
the CIDR (Central Identities Data Repository), is secured and protected against
access, use or disclosure not permitted under this Act or regulations made
there under, and against accidental or intentional destruction, loss or
damage”.

    Also,
according to the sources of India Times 49, UIDAI asked the Play store to take
down 12 of the fraudulent applications which violated Aadhaar act 2016. UIDAI
stated that the application owners without the permission of UIDAI, were giving
the services like downloading Aadhaar card, generating Aadhaar status like service
which led them get the access to user’s sensitive data and enrolment number. It
is also to be noticed that UIDAI has not authorised any of these firms to
extend any Aadhaar related services. Therefore UIDAI asked the Google play
store to shut down all those application. 
Further a warning was also given to use the Aadhaar logo in any of the
application, which is again illegal according to the Aadhaar Act and Copyright
Act. 

4 Supreme Court of India’s Findings 

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