Mandatory Aadhaar will make us slaves: PIL in Supreme Court
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NEW DELHI: Countering the Centre’s contention that linking of PAN with Aadhaar is needed to curb tax evasion, petitioners opposing the move told the Supreme Court on Thursday that making it compulsory is illegal and would virtually convert citizens into “slaves” as they would be under the government’s surveillance all the time.
Appearing before a bench of Justices A K Sikri and Ashok Bhushan, senior advocate Shyam Divan contended that making Aadhaar mandatory would be violative of the citizens’ fundamental rights granted under the Constitution as they would be coerced to give sample of their fingerprints and iris. Divan, appearing for Major General Sudhir Vombatkere (Retd) and Dalit activist Bezwada Wilson, contended that Aadhaar is optional and not mandatory as per the Aadhaar Act and the government could not make it compulsory under the amended Income Tax Act.
The petitioners have challenged the constitutional validity of Section 139AA of the Income Tax Act which provides for mandatory quoting of Aadhaar for filing of income tax returns and while applying for allotment of PAN number from July 1 this year. “Aadhaar is voluntary. The Act creates a right in favour of the resident and duty is not cast upon them to get Aadhaar as it is optional but Income Tax Act makes it mandatory. The I-T Act is in direct confrontation with Aadhaar Act. This is complete collision and mismatch,” Divan said while pleading the court to at least read down Section 139AA to make it optional.
Divan contended that making Aadhaar mandatory would push the country towards a totalitarian state where citizens’ rights would be made subservient and the government would keep an eye on every activity of an individual. He said the government is not supposed to keep watch on its citizens in a democratic country and the concept of Aadhaar is antitheses to democratic principles.
“In our Constitution, we form the government and we have given ourself the right to govern ourselves. The government has limited authority over us. Do not let Section 139AA fetter the citizens. People’s consent for Aadhaar should be free and voluntary,” he said. “My fingerprints and iris are part of my body and I have absolute right over my body. The state cannot coerce me to give sample of my fingerprints and iris for getting Aadhaar,” Divan said.
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BJP attacks Aadhaar scheme, says it violates right to privacy – http://www.firstpost.com/politics/bjp-attacks-a...
“The reality is that the National Identification Authority of India Bill, 2010, which gives sanction to this particular card was rejected by the standing committee on Finance,” BJP Vice President Smriti Irani said, alleging that the programme violates the constitutional right to privacy."
Aadhaar flip-flop: When the BJP called it a fraud scheme aimed at legalising illegal immigrants – http://www.hindustantimes.com/india-news/aadhaa...
When the BJP was in Opposition, senior party leaders relentlessly targeted Aadhaar and dubbed it as a fraud scheme, asking questions about its security.
Raising the red flag against the Congress-led UPA’s UIDAI bill, which aimed to give statutory backing to the Unique Identity scheme, the BJP did not allow the legislation to be passed in Parliament.
But after coming to power, the NDA government brought an amended Aadhaar bill as a money bill to avoid Rajya Sabha’s veto where the Opposition is in majority.
Yup BJP was completely against it 
Double standards 
@goyal.dkg Aap ni aaye abhi tak 
aap to khi nhi aayegi ab .
wase tag karne ka koi khas reason ??? ya aap wahi se continue karna chahte ho jaha par chhoda tha – https://www.desidime.com/forums/dost-and-dimes/...
The case is dogshit. The government does not need anyone’s Aadhaar for surveillance. Just like your fingerprint, your signature is also personal – now say you will keep it secret and not show to anyone. Your educational certificates are also personal – how dare anyone ask to see it??!!
All of this is from frustrated opposition!
Bio-metrics is the only way to prevent people from creating multiple IDs. Now with Aadhaar becoming mandatory for ITR, those with multiple PANs are screwed!
p.s. I am not for or against Aadhaar, my views are only about this specific case.
But you do have a choice when/where you want to sign or use your fingerprint. You can deny wherever/whenever you want!
You ain’t bothered about anyone seeing your certificates… But are you ok if someone leaks them on Internet.
You might be aware of the various Aadhar scams. Most recent being from Jharkhand (from where I belong )
PS: Even I am not for or Against Aadhar. Its just that I am against Mandatory Adhaar. One should always have the option for Not-Trusting. Isn’t it?
and on topic no need to reply again n again same thing , already many threads on same topic on DD .
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anyone can file PIL , it is the court who will decide whether PIL is having valid point or not . anyone can openly discuss . but thing will not change without any solid reason .
tomorrow someone may watch movie like “catch me if you can” and then will say oh this or that thing is risky , so that’s not way to work . either destroy all id proofs , pc , laptop , mobile phones , everything that can be programmed .
it is not logical if you say , no issue if companies can see whatever you do in pc / phone but govt should not see what we do . and govt can watch anyone with help of many intelligence agencies and cyber cell , anyone they want , no need of such aadhar .
Central government should be charged with contempt of court as court itself termed it voluntary.
“542 persons are sitting in Parliament, why do they not object to it? If they are not objecting, why should we go into it,” a Bench comprising Justices A K Sikri and Ashok Bhushan said.
When it was told that the Centre has earlier made a statement in the apex court that it would not make Aadhaar mandatory, the Bench said, “They cannot be bound by it. It cannot preclude Parliament from enacting a statutory provision.”
The court was hearing three petitions challenging the constitutional validity of section 139AA .
The Bench also observed that tax evasion existed in India and it was a “shame” that citizens do not want to pay taxes.
The court said there was no doubt that Aadhaar should be voluntary and observed since tax evasion existed, the government could bring in new statute to stop such “leakage”.
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“We have reached to 99 percent of population. We are not at a nascent stage,” AG Kukul Rohtagi (behalf of govt) said and questioned the maintainability of these writ petitions saying they had not raised the issue of violation of privacy.
http://www.businesstoday.in/current/economy-pol...
abhi goyal sahab fan-list ka analysis karne me busy hain….fir ye conclude karenge ki sharad1234 is another id of shoaibmax 
And by reading the childish statements of goyal sahab aisa lagta nahi wo iske alawa “max” to “max-imum” kuchh kar sakte hain.
i am not AADHAR to conclude the same .
@shoaibmax bro why you creating un-necessary drama just bcoz i mentioned someone liking his provoking comment max to max , so it means max is you ?? logic ??
same question for you 
i think admin should come and check again the same rubbish talks started . which is only provoking to fight . last time too same happened but this time rather than using such language i will tag admin .
till yet i did not call anyone anything , but some ppl trying best to do that again . like this – https://www.desidime.com/forums/dost-and-dimes/... , when i did not comment on this thread , these guys tagging to forcefully comment ?? or why they interested in my salamati ?? i can take it in other way too .
Sheesh….no limit to stupidity? At least try to make a good case
thats why i said let SC think how much worthy case is !!
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even the twitter handle which is campaigning on destroy the aadhar – @Stupido*** (this handle is doing this campaign with most dedication and only popular bcoz of this) ..
1. ""Now the same account telling similar thing about EVM that EVM must be destroyed"" .
this account started this aadhar campaign from 2 years (when more than 60% people already shared biometric details) , not earlier , just filter his tweets by date , while aadhar was being launched many years back . that time database was most secure than now ??
2. “bcoz at that time the same handle use to review which party is good which is not and some normal tweets” btw more info can be seen with past tweets ,
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coming to aadhar – 113 cr people already have aadhar which implies their data is already collected in UIDAI , so govt can use that data easily even if anyone stop this aadhar programme right now . and as per risk logic , if not in india anywhere in world and we will find surprise when we will travel to that country .
connect points 1 and 2 .
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also the same handle made fun of USA govt 3 yrs back when USA govt said the same risk part on java language .
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and if some one really have valuable feedback regarding aadhar payment security he can mail to management of NPCI , those ppl are cool enough to get such feedback (over emails) (experienced in UPI issue over many payment gateway which is almost solved now) .
Personally, I am happy with Aadhaar being made mandatory for ITR. A lot of Income Tax related fraud will stop.
But aadhaar should not be mandatory for opening bank account
Also when pan will be linked to aadhar and pan in bank then the fraud seen in fake bank accounts for saving tax can be minimized .
Moti just renamed UPA schemes
Why moti strongly opposed aadhaar then ?
Now same moti strongly supporting aadhaar why this double standard?
Aadhaar, bank account data of over 100 million Indians may have been leaked: Report
http://www.moneycontrol.com/news/business/econo...
The extent of data leaks clearly indicates that even as the UIDAI proactively pushes for other databases to get seeded with Aadhaar numbers, there is little consideration to ensure security and privacy of data. It is also disheartening that the Aadhaar Act regulations have failed to put in place standards to regulate databases that use private information for their use.
Another proof
Are you considering “may have” and “could have” as “Proof”?
What an Aadhar-linked cow could say!
The Aadhaar Bill has passed for your ‘benefit’!
Aadhar everywhere!
If still blind b supporters support aadhaar and say only criminals are crying then god bless us
Let’s say the government makes it mandatory to install CCTV cameras in every corner of your house. They will say it’s for your safety. Will you then say, only criminals should have problems with it? What have you got to hide? Let the government watch, right? Please think with your brain .Giving the government too much control is never a good idea irrespective of whether you are a criminal or a good citizen