Citizens' Issues
Resisting violations of the Supreme Court Orders on Aadhaar
The Supreme Court of India has time and again restricted use of unique identification (UID) number or Aadhaar to public distribution system (PDS) Scheme, the liquefied petroleum gas (LPG) distribution scheme, the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), National Social Assistance Programme (Old Age Pensions, Widow Pensions, Disability Pensions), Prime Minister's Jan Dhan Yojana (PMJDY) and Employees' Provident Fund Organisation (EPFO).  The Supreme Court has repeatedly emphasised that the UID number where permitted “is purely voluntary and it cannot be made mandatory till the matter is finally decided by the Court one way or the other“. The apex court emphasised that “The information about an individual obtained by the Unique Identification Authority of India (UIDAI) while issuing an Aadhaar card shall not be used for any other purpose, save as above”.
 
The Union of India was also required to “give wide publicity in the electronic and print media including radio and television networks that it is not mandatory for a citizen to obtain an Aadhaar card”.
 
In practice, in blatant contempt of the Courts orders and complete disrespect for the of the Rule of Law various government and non-government agencies have been using the UID number for functions beyond those permitted as also mandating the UID in some of the functions. Information of individuals obtained by the UIDAI has been shared beyond the purposes allowed by the Supreme Court. The government has failed to even issue notifications to its departments or to the UIDAI to cease all use of the UID number beyond that permitted by the Supreme Court. 
 
As a consequence of the government’s coercion and disrespect of respect the Rule of Law, helpless citizens are being made to suffer for not using a UID number. Many with a UID number are being made to suffer if their biometric fails or if their number has already been used by unknown persons.
 
At least a dozen petitions, including several contempt petitions remain unheard by the Supreme Court.
 
What can helpless citizens do? 
 
Here is a draft notice of contempt along with copies of the relevant orders of the Supreme Court that should be served to each agency in contempt of the orders of the Supreme Court after editing as required.
 
Name/Address of concerned authority that is forcing for an Aadhaar number
 
Dear Sir/Madam,
 
Subject: Contempt of Rule of Law and the orders of the Supreme Court of India
 
We are shocked that you have been continuing to require and use the UID number and associated data for purposes beyond that approved by the Supreme Court of India. We are also disturbed that you are mandating the requirement of the UID number. This is an unbelievable disrespect of the rule of law and of the repeated orders of the Supreme Court of India. 
 
Your actions have also resulted in coercing children, elderly and others alike to have to register for an UID number against their free will. Your actions also constitute an illegal functional creep that cannot be morally or legally justified. Your actions reek of creating a fait accompli before the court finally decides on the matter and hence does not uphold the promise of justice, liberty, equality or fraternity.
 
We draw your attention to the Hon’ble Supreme Court’s orders of 11 August 2015 restricting the use of Aadhaar to PDS Scheme, for the distribution of foodgrains, and cooking fuel, such as kerosene and LPG. This was extended to allow its use for the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), National Social Assistance Programme (Old Age Pensions, Widow Pensions, Disability Pensions) Prime Minister's Jan Dhan Yojana (PMJDY) and Employees' Provident Fund Organisation (EPFO) in its orders of 15 October 2015. The Court also stated that the information about an individual obtained by the Unique Identification Authority of India while issuing an Aadhaar card shall not be used for any other purpose. The use of the UID number/ Aadhaar or information associated with it for any purposes other than that allowed by the court as well as it being mandated for any purposes not allowed by the court is a contempt of the rule of law and the orders of the Hon’ble Supreme Court of India. 
 
We also draw your attention to the orders of 15 October 2015 where the Court reiterated that the UID number/Aadhaar card Scheme is purely voluntary and it cannot be made mandatory for the permitted uses till the matter is finally decided by this Court one way or the other. 
 
We require that you immediately cease to require the UID number as your usage does not fall into the allowed uses of the UID/ We require you to end the mandatory requirement for the UID number and make the procedures for those with or without the UID number identical.
 
We trust you will share your compliance of the orders within 7 days, publish widely your decision to abide by the orders of the Supreme Court and not cause us to seek other remedies and relief for your failure to respect the rule of law. 
 
Sincerely yours,
CC 
1. Shri Nripendra Mishra, Principal Secretary to Prime Minister, 152, South Block, Raisina Hill, New Delhi-110011
4. Chief Justice of India, ℅ Chief Justice's Conference Secretariat, Supreme Court of India, Tilak Marg, New Delhi-110 201
 
Here is a draft notice of contempt you should also send to the UIDAI along with copies of the relevant orders of the Supreme Court for contempt of the orders of the Supreme Court.
 
Dr AB Pandey
Chief Executive Officer (CEO),
Unique Identification Authority of India -UIDAI
3rd Floor, Tower II, Jeevan Bharati Building,
Connaught Circus,
New Delhi - 110001
 
Subject: Contempt of Rule of Law and the orders of the Supreme Court of India
 
We are shocked that you have been continuing to service authentication and KYC requests for UID numbers and provide associated data for purposes beyond that approved by the Supreme Court of India. This is an unbelievable disrespect of the rule of law and of the repeated orders of the Supreme Court of India. 
 
Your actions are resulting in coercing children, elderly and others alike to have to register for an UID number against their free will. Your actions also constitute an illegal functional creep that cannot be morally or legally justified. Your actions reek of creating a fait accompli before the court finally decides on the matter and hence does not uphold the promise of justice, liberty, equality or fraternity.
 
We draw your attention to the Hon’ble Supreme Court’s orders of 11 August 2015 restricting the use of Aadhaar to PDS Scheme, the distribution of foodgrains, and cooking fuel, such as kerosene and LPG. This was extended to allow its use for the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), National Social Assistance Programme (Old Age Pensions, Widow Pensions, Disability Pensions) Prime Minister's Jan Dhan Yojana (PMJDY) and Employees' Provident Fund Organisation (EPFO) in its orders of 15 October 2015. The Court also stated that the information about an individual obtained by the Unique Identification Authority of India while issuing an Aadhaar card shall not be used for any other purpose. The use of the UID number/Aadhaar or information associated with it for any purposes other than that allowed by the court as well as it being mandated for any purposes not allowed by the court is a contempt of the rule of law and the orders of the Hon’ble Supreme Court of India. 
 
We require that you:
 
1. Immediately cease providing any authentication and/or KYC or support and use of the UID number for purposes other than those permitted by the Supreme Court of India. 
 
2. Cease to provide any UID authentication or KYC to any organisation mandating the use of UID number for the permitted purposes. 
 
3. Issue notifications and wide publicity in the electronic and print media including radio and television networks, as required by the orders of the Hon’ble Supreme Court dated August 16, 2016, to make it clear that you will not 
 
A. Provide authentication and KYC services beyond those permitted by the Supreme Court or 
 
B. Cause or allow any agencies to cause anyone to require registering for an UID number or 
 
C. Allow anyone to suffer for want of it and that UID number. 
 
We trust you will share your compliance of the orders within 7 days, publish widely your decision to abide by the orders of the Supreme Court and not cause us to seek other remedies and relief for your failure to respect the rule of law. 
 
Sincerely yours,
 
CC: 
 
1. Shri Nripendra Mishra, Principal Secretary to Prime Minister, 152, South Block, Raisina Hill, New Delhi-110011
 
2. Chief Justice of India, ℅ Chief Justice's Conference Secretariat, Supreme Court of India, Tilak Marg, New Delhi-110 201
 
3. You can tweet it to the CEO of UIDAI  @ceo_uidai
 
4. You can send emails to UIDAI's DG [email protected] and  [email protected]
 
While there is talk about digitization, it is better if you can send these complaints through registered post. This will help you get an acknowledgement and you can also file an application under the Right to Information (RTI) Act to know progress of your complaint. 
 
 
Please ask others who face the same scene as you to complain. Do please tweet your complaints with #UIDContempt. 
 

(Dr Anupam Saraph  is a Professor, Future Designer, former governance and IT advisor to Goa’s former Chief Minister Manohar Parrikar and the Global Agenda Councils of the World Economic Forum. He has designed delivery channels and ID schemes for good governance in his previous roles.)

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COMMENTS

Prince Henry

3 months ago

The countries mandating biometric id's are typically dictatorships, military ruled or terrorist sponsors.
Australia, UK, Norway, leichenstein and others do not require any id to claim social services.

The present aadhar concept is a pure Rothschild and new world order reptilian project.

We already have PAN, passports and driving licenses. Why one more?

Some countries (ex. Switzerland) do not recognise your DL as an ID. Why? Those are non expiring type of id's!

Even the US recognises state issues DL as your proof of id.

Chetan Bansal

3 months ago

School Education department of Maharashtra government has also made it mandatory for all schools to collect Aadhar/UID number of all students and maintain it in school register. No School Leaving Certificate can be issued henceforth without UID / Aadhar number!

Mahesh S Bhatt

3 months ago

Who is interested in Public Interest Politicians?? Mahesh Bhat

Mahesh S Bhatt

3 months ago

Who is interested in Public Interest Politicians?? Mahesh Bhat

Mahesh S Bhatt

3 months ago

Who is interested in Public Interest Politicians?? Mahesh Bhat

Pradeep Kumar M Sreedharan

3 months ago

God bless you sir, God bless you!!!
You have given us a role and power in the outcomes.
As for me, I gave minimum information at collection stage and haven't given Aadhar number anywhere. But I was feeling helpless as the Aadhar advanced. Now I don't, so much. Thanks again.

By the way my bank HDFC, dumps email after email, with email having large conditions, clauses and disclaimers. It is obscene considering that it is on innocent, hapless customers that they play this game. My persistent protests were responded met an instruction to ignore the extra baggage. I don't agree. They must stop sending garbbage truck to my email. Can you please draft a mile long baggage to return the complements to HDFC.?

Krishna Kumar

3 months ago

What about IIT JEE which as per news reports wants it to be mandatory, who are the ones wakes up and gives such notifications day in and day out

Flights out of Chennai diverted, cancelled
With strong winds blowing across the city on Monday due to cyclone Vardah, several flights were diverted, cancelled and delayed in Chennai.
 
"As the wind speed is around 50 knots, it is not conducive to operate the flights. We have not closed the airport," Chennai Airport Director Deepak Shastri told IANS.
 
Around 500 passengers - out and inbound - will be in the domestic terminal.
 
He said: "Twenty flights have been diverted, nine got delayed and five were cancelled."
 
According to him, since last night and till the flight operations were stopped, 46 flights were operated from the airport.
 
He said the incoming flights were diverted to nearby cities like Bengaluru or Coimbatore.
 
Shastri said the strong wind situation would persist till 3 p.m.
 
"The runway is open and is not flooded," Shastri added.
 
Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.

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Economy & Nation Exclusive
Where are the new notes going?

On 8 December 2016, R Gandhi, the Deputy Governor of Reserve Bank of India (RBI) announced in a press conference that the central bank has received back Rs11.55 lakh crore worth of old demonetised currency and has issued Rs4 lakh crores on new currency during the period 10 November 2016 and 5 December 2016. (Reference - https://rbi.org.in/scripts/Bs_viewcontent.aspx?Id=3287). This means, value wise, 34.63% or about one third of the returned old currency is dispensed or exchanged with new currency. There are 130 crore citizens in India. Census 2011 calculated an average household size as 4.8. This means India has about 27 crore household. If we divide Rs11.55 lakh crore and Rs4 lakh crore on population and household, we get following data –

 
Table 1: Data of old note returned and new notes dispensed between 10 November 2016 and 5 December 2016
 
 
Thus, on an average each household deposited Rs42,777 and got cash of Rs14,814, which is about one third of deposited money. If this is again stratified into different income segments, one may again come with similar distribution pattern. 
 
Let us further classify deposited money into running and idle money. Honest and law abiding citizens deposited two types money, available with them –
 
1. Running money - Money used for monthly working expenses. This may include part of salary or income and spend towards household expenses, EMI, children education, utility bills payment, domicile medicine, and necessary travel.
 
2. Idle money - Legacy household savings kept for emergencies or just as buffer. This may include drip by drip accumulation of money by domestic savings and gifts.
The deposited Rs11.55 lakh crore consist of both these type on money. In fact it consists of some part of black money also. But let us ignore this part of money as of now. There is no data to bifurcate Rs11.55 lakh crore between the running and idle money, unless a sampling is done. But one thing can be easily guessed with reasonably high level of accuracy that the idle money must be much bigger than or at least equal to running money. Considering the share of both as equal then running money deposited will be about 6 lakh crore. Let us recast the above table –
 
Table 2: Data of running money in old note returned and new notes dispensed between 10 November 2016 and 5 December 2016
 
 
A household is required to get running money immediately to run the household where as idle money can wait. The above table shows that with some realistic assumptions, RBI has returned two third of running money in 25 days. With the same velocity, the running money deposited and money dispensed will match in 37 days that means on or before 20 December 2016.
 
With the above data, it is clear that with bit miserliness, household can easily run essential services at the cost of luxuries. 
 
Even then, why there are lines outside banks and automatic teller machines (ATMs)? Where has the money gone?
There can be few hypotheses – 
 
1. There is no equitable distribution of money. Some households would have got much higher new currency than the average where as other are much lower. 
 
2. Money in bulk is cornered by black money hoarders as seen during Income Tax (I-T) raids and by hearing stories about conversion of black money into new notes.
 
3. Households are parking part of money taken from banks into idle money.
 
4. People are just collecting, whatever money is available in banks and ATMs.
 
5. There may be some more hypotheses.
 
The Government and Reserve Bank must immediately investigate the reason(s) and correct the anomaly in the system else even after pumping more money, lines in front of banks and ATM will continue and major purpose of demonization and push for cashless digital transaction will be defeated. 
 
(Dr Rakesh Goyal is perpetual student of cyber security since 1991. He is PhD is Cyber Security, Gold Medalist Engineer, Gold Medalist PGDM from IIMB. He is MD of Sysman Computers Private Limited, Mumbai, one of the 23 IT security audit organisations empanelled with CERT-In, Min of IT, GoI to audit cyber security of critical national infrastructure/assets. He can be contacted at [email protected].)

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COMMENTS

SRINIVAS SHENOY

3 months ago

I feel the planning of the distribution of the money supply is poor and this has caused misery for majority of the households, particularly in small towns and villages and defeated the purpose of demonetization.

REPLY

Sudhir Jatar

In Reply to SRINIVAS SHENOY 3 months ago

Yes, no doubt. However, it is not so serious as is clear from the fact that the BJP has done extremely well in the last few weeks in elections to the Municipalities and municipal councils (means both urban and rural) in Maharashtra.

NITIN PATIL

3 months ago

I FULLY AGREE WITH HARI BALDAWA !

Hari Baldawa

3 months ago

Liquidity would have been never felt if 200/- (two hundred) were printed in place of 2000 and 1000 notes were banned immediately. This could have reduced hoarding to good extent. Unfortunately with 2000 the hoarding is encouraged defeating the purpose it was made for. Hoarders got huge advantage by replacing the old 2lakhs of old 1000 notes with relatively smaller sized new 5 lakhs.

Old 500 rupees could have been banned completely after few days of replacement. This could have reduced huge pain the citizens, country and economy is going through.

Sudhir Jatar

3 months ago

Is there a conspiracy to ensure that the new notes are cornered by a few so that the demonetisation exercise fails? This is because more than hundreds of crores of hoarded money has been recovered in IT raids. This has been possible obviously with the help of the Bank officials. In other words, it is a conspiracy.

vswami

3 months ago

Sporadic (jottings - pending EDIT):

The attempted analysis in general, and the data revealed, and the line of reasoning adopted in particular, requires a close and critical study. So that a reasonably satisfying answer could be found to the inherently difficult and intriguing poser. Such an analysis, based on certain assumptions, at best, could be taken to provide clues to independently consider how far the official claim , rather repeated assertion holding out the promise that the policy decision culminating in 'demonetization' , though has indisputably resulted in 'short term pains', has in store for 'long term gains' ; that is, for THE PEOPLE for whose common benefit and advantage the decision was taken.

There is, in one's firm conviction, an obvious fallacy in resorting to any 'averaging' as has been ventured; in that, such an exercise daringly flies in the face of the field realities as have come to be commonly experienced post-demonetization.
More importantly, how far / to what extent any of the related data so far released and doing rounds could be reasonably believed to be 'reliable' itself has come to be gravely doubted; read,http://newsalert.thehindu.com/a/hBYU3TvB9HlHIB9HlJNAAAbF-$z/hind552 -

To hint at, on a selective basis:-

(A) Admittedly, the distribution, through authorized channels, of the only new notes (-of face value 2,000), so also of the other notes still a valid currency, has been far from being 'equitable' or legitimate in any sense; and
(B) the varying and mutually contradicting notifications made/directives etc., issued, mindlessly / impulsively so, almost on a daily basis, have largely contributed to misconceptions, the chaos and resulting miseries of the governed.

It may not be too late to Invite more thoughts from the duly equipped economic and/cum social experts at large,- for a good measure, barring those within the governmental portals, the bureaucrats, particularly the coterie of the men in governance or otherwise, - to the end of reaching better conclusions and offering an incisively impartial report to the government, for serving the ultimate aim of the common good.

B. Yerram Raju

3 months ago

95% of the ATMs barring the exceptions in UP or the other election mandated States, are not functioning and where they functioned, that was for an hour or two that too once or twice in a week. Banks are rationing out cash and to the best of my knowledge and based on my personal experience maximum they gave in a fortnight was Rs.5000 either in exchange or out of the deposit!! RBI admitted that they released Rs.2000 notes to the extent of above 90% and that too unevenly in various states and among various banks. Hence the distributional imbalances are the raison de' etre for the unrest among people.

Bhuvaneswaran K

3 months ago

Is this way of estimation suit the distribution of money in our country?! Because, all the family members are not earners. But all of them are spenders. Also, the number of people below poverty line and those having lots of money could be taken into account. May be the 80/20 rule(80 percent money lies with 20% people) is applicable to India..?!!(I am not sure). If those are taken into account, the money is definitely going "somewhere".

Badrinath Nuggehalli

3 months ago

The weightage of running money in monthly expenses could also depend on the adoption of cashless alternatives already taken up. The affluent and upper-middle classes have had credit/ debit cards, online banking, etc for years. They are also more likely than others to take up mobile wallets. I am surprised that the government is not doing more to educate the masses on these options. I would have expected Mr Modi and his team to have an effective combination of incentives, penalties and education in place by now. Without that, the pain is going to last much more than the 50 days promised.

Prakash Pimparkar

3 months ago

The whole excerise is immature bookish and ill thought
If Govt is so serious it should heve taken following steps before firing the gun from common mans shoulder
A. Declared political parties funding soueces - More than 50 % of major party fund is from unknown sources (black money for sure )
B.Taken strict action against currupt gove officers - not a single officer punished only transfered
C.Reduced income tax to 10% flat above 5 lac gross income - as on today only 1.24 cror pay any tax,there are only 10 lac people in the country with more than 10 lac income ( this is unbelivable) and only 5430 people with income tax more than 1 crore .Whereas money in circulation is 14.5 lac crore ,means large money has never beeen accounted for itax purpose
D. Only fools would keep black money in cash form when there are 100 ways of changing the form ,should have closed the loop
E. Printed only 100 ,50,10 '5 rs note and demonrtised 500,1000 rs note

shashi kiran

3 months ago

Whether demonetisation could have been done in a better way ?

Yes.

How ? Ban 500 and 1000 notes on Nov 8 , but with effect from say 3 or 6 months.

In such a scenario, people with black money, will do what ?
1.buy property
2.buy gold.
3. buy dollars
4. repay old debt.
5. arrange for exchanging old notes.


for point

1, Govt could have declared that there will no property registration from Nov 9 till further instructions or say 6 months. So this will block property buying.
2. Declare that all Jewellery shops will be closed for 6 months. if this is not possible, then a URL in income tax website to be created and all transactions from Nov 9 with complete details of buyer and mode of payment, needs to be entered by Jewellery shop. Till that period, import of gold is banned.
3. All major forex purchases need to be reported by all currency exchangers to IT website in a similar URL mentioned in point 2 , exclusively for forex dealers wef Nov 9.
4.Let them repay old debt from private people or repay to bank loans. NPA will be reduced in banks.
5. If they try exchanging directly or indirectly : banks to report all cash deposits above 2.5 lakhs (limit declared now ),to the IT URL from Nov 9. IT to investigate all such cases on war footing.

In meantime, all deposits on 500 and 1000 notes will not be recirculated by banks and 100 notes will be pumped in circulation


Also not to reintroduce 500 or 1000 or 2000 notes (even with new design), thus saving the cost of printing these notes. Also declare that no amount above 1 Lakh can be withdrawn from bank in cash and all withdrawal above Lakh has to be done through cheque or online.


Above all, this process would not have the effect of common man standing for hours or days just to exchange his /her hard earned money, leaving their job for the day . effect from say 3 or 6 months

Mahesh S Bhatt

3 months ago

Golmal Hai Bhai sab Golmaal Hai.How can state expect total transparency when their Election Commision returns have unknown donations?? Mahesh

Rahul Pande

3 months ago

Incorrect hypothesis about distribution of running money.Money has gone into the coffers of those who were supposedly targeted in demonetisation drive.

ksrao

3 months ago

It was a fatal mistake to introduce new Rs.2000 notes. Given the propensity of Indians for corruption, how does anybody think that by withdrawing Rs.1000 notes but replacing them with Rs.2000 would eliminate corruption? Now there is a talk of withdrawing Rs.2000 notes ! Hope Govt will not introduce Rs.5000 notes in their place! The advisers to the PM have bungled the whole affair.

mschaskar

3 months ago

I paid school fee of my daughter through credit card by paying rs. 200 extra as convenience charge over and above fees. This is what the future of cashless economy? Card compAny earning money

REPLY

Pradeep Kumar M Sreedharan

In Reply to mschaskar 3 months ago

I was asked by the shop keeper to pay 1% extra to the Bank for buying bullion - convenience money or goonda money? If Govt/RBI cannot incentivice digital transactions from an escrow account by taxing cash transaction, IT'S INTENTIONS ARE TO BE CHALLENGED. I Challenge it now through this forum. Presence of British PM has defenitely something to do with our Demonetisation decision timing. After all De La Rue, the kingpin in currency printing and blacklisted in India is British with blood connections to the Queen of England.

Sudhir Jatar

In Reply to mschaskar 3 months ago

I paid in the last two days by cheque amounts of Rs 200, 180 and 320 for sundry purchases e.g. Laundry, garments etc to small shops. No problems.
Asking for convenience fees should be immediately report as it is illegal.

Gurudutt Mundkur

In Reply to Sudhir Jatar 3 months ago

That is the way to go, fellow citizens!

uttamkumar dubey

3 months ago

credit/debit cards not working at many places, ISPs are feeling the heat of it.. nobdy is bothered about the security. BUT you must not stand in Queue or treat it as a pride... one of my friend thinks, if he is hungry then only world will eat!!! Please make a separate column or hire pro-govt respected ppl, to keep ur viewer index high, otherwise u r not serving the nation.Be a critic but only if u r pro!!!

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