Aadhaar for students: Maharashtra again flouting Supreme Court order
Despite a clear direction from the Supreme Court for not making Aadhaar mandatory for any services other than allowed by it, the Maharashtra government is found to be openly flouting this order. The Education Department headed by Bharatiya Janata Party (BJP)’s Vinod Tawde is again enforcing Aadhaar for all students appearing for senior secondary (SSC) and higher secondary (HSC) examinations across the state. Pune-based Sajag Nagrik Manch and Nagrik Chetana Manch have filed a complaint to the Chief Secretary of Maharashtra, requesting the government to withdraw a circular issued by the Education Department on Aadhaar. 
 
Pramod Patil, Section Officer in the Education Department on 21 September 2016 issued a letter to the Chairman of Maharashtra State Secondary & Higher Secondary Education Board. The Letter issued on 'urgent' basis directs the Chairman to mandatorily obtain Aadhaar number of students appearing for the SSC and HSC examinations from 2016-17. Patil also asked the Chairman to make suitable changes in the registration form to accommodate Aadhaar number of students. 
 
 
In the complaint, both the Manchs, represented by Vivek Velankar and Dr Anupam Saraph, said, "This (issuing circular) is a shocking disrespect of the rule of law and of the repeated orders of the Supreme Court. We request you to immediately withdraw above mentioned circular making Aadhaar card mandatory for 10th and 12th board form filling immediately failing which we will be compelled to approach the courts for remedies and relief from your failure to respect the rule of law."
 
The Office of Maharashtra Chief Secretary forwarded the complaint to the Principal Secretary of Education Department request him to take necessary action as per the rules and also inform the Manchs on the action being taken.
 
On 14 September 2016, the Supreme Court Bench of Justices V Gopala Gowda and Adarsh Kumar Goel, while staying operation and implementation of scheme for pre-matric scholarship scheme, post-matric scholarship scheme and merit-cum-means scholarship scheme asked the Ministry of Electronics and Information Technology, Government of India to remove Aadhaar number as a mandatory condition for student registration form at the national scholarship portal of the Ministry.
 
This is the second time the Devendra Fadnavis-led Maharashtra government is openly flouting orders issued by the apex court. Last year in April, the Maharashtra government issued a resolution for making Aadhaar mandatory for all students up to 14 years of age in the state and connect it with their school admission number. The district collector, as well as district education officer, is asked to fully implement this scheme before 26th June and submit a report. What the Education Department had forgotten was at that time majority of schools in the state were having summer vacations.
 
Earlier, on 16 March 2015, a Bench of Justices J Chelameswar, SA Bobde and C Nagappan directed the central and state governments not to insist on possessing Aadhaar for availing benefits under the various social security schemes as it reiterated an order it passed in September 2013.
 
Later on 16 October 2015, while reiterating that Aadhaar scheme is purely voluntary, the SC extended its usage for 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). Earlier the apex court had allowed usage of Aadhaar to public distribution scheme (PDS), for the distribution of foodgrains, cooking fuel, such as kerosene and LPG.
 
The order says, "We impress upon the Union of India that it shall strictly follow all the earlier orders passed by this Court commencing from 23 September 2013. We will also make it clear that the Aadhaar card Scheme is purely voluntary and it cannot be made mandatory till the matter is finally decided by this Court one way or the other."
 
Yet, the Maharashtra government is trying to enforce Aadhaar on students appearing for SSC and HSC, two of the most important examinations in a students' career.
 
With the Maharashtra government twice openly flouting directions from the Supreme Court, it is high time the apex court takes suo moto action against those responsible for this contempt of Court orders, be it the Minister or other babus.
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    COMMENTS

    Ravinder

    2 years ago

    Myself, at the age of 64, also likely to lose my identity because of botched up implementation of the program. My mobile phones are not getting linked, my bank account is likely to go inactive beyond 31st December, my pension will be stopped, my entry in airports and is likely to be denied (as they are likely to introduce biometrics tools at the entry points and all for the simple reason the biometric machines do not recognise my finger prints even after having them updated at Aadhaar Centre two times. The consequences are far reaching, which one can not imagine right now as more and more agencies start using the same. I have written every where right from the UIADI, Department of Public Grievances and what not, talked to mobile operators many times. No body listens. I am desperate and sometimes start thinking of ending of my life. It is getting too much for me to handle. Is is high time the Government and the Supreme Court does something about.

    Kambhatla Lakshmi

    2 years ago

    I too faced the same problem with the finger prints.I do feel that finger prints of the same person may not match due to ageing and wear and tear of the skin with time.so there should be another way of identifying the person like taking a proper photo of the face of the person. They should take photos with and without aspects. First of all the government should take this important step of taking proper photo of the face of the person on the Aadhar card before insisting on linking it with all the important documents of Indian citizens. Otherwise people 'll be facing lots of problems. I do hope that God will make them understand our diffculty/problem.thank you,

    Sambhua Bhuniaa

    2 years ago

    Yes it and not made mandatory. To get Aadhar card is a herculin task

    Chhaya Vaidya

    3 years ago



    I want to know whether it is compulsory for inclusion of name in voter list?

    niten

    3 years ago

    Same is case in jharkhand.CBSE Schools are asking for it (Compulsory.).

    Roy Aranha

    3 years ago

    shocking aaacha din ?

    Hemant

    3 years ago

    Well even PSU banks are asking for Aadhar card as compulsory document. On asking them ,they says uper se order aya hai.

    Rabindra Kumar Dash

    3 years ago

    Yes it and not made mandatory.To Get Aadhar card is a herculian task.

    Aadhaar Made Mandatory: CBSE school goes on an enrolment drive
    The Supreme Court had ruled that Aadhaar could not be made mandatory for availing benefits under the various social security schemes. Following the order, the Central Board of Secondary Education (CBSE), also made it clear that providing Aadhaar number of students will be optional and not mandatory. However, some schools are not only forcing students to provide the UID number, but also arranging camps for enrolment of Aadhaar for those who do not have the UID number. 
     
    In a circular issued on 10 September 2016, the CBSE has clarified that "Aadhaar number field provided in the system is optional (not mandatory)". However, few schools that run CBSE curriculum are insisting on furnishing Aadhaar number for students. One such school even organises an enrolment camp to issue Aadhaar to students and sent out a letter to parents. Here is the letter, sent out by one such school for compulsory enrolment of Aadhaar and shared by one parent...
     
     
    Importantly, the school is found forcing Aadhaar enrolment upon students who are taking admission in primary classes as well. This raises another question: do the school authorities or even the government care that biometrics (a must for enrolling to Aadhaar), especially of children, are susceptible to change over years. It is a well-known fact that human body parts like fingerprint, iris, and voice age, wither and decay with the passage of time. Is there a biological material in the human body that constitutes biometric data, which is immortal, ageless and permanent?
     
    Besides, working conditions, humidity, temperature and lighting conditions also affect the quality of biological material used for generating biometric data. Aadhaar is based on the unscientific and questionable assumption that there are parts of human body likes fingerprint, iris, and voice that does not age, wither and decay with the passage of time. A report “Biometric Recognition: Challenges and Opportunities” of the National Research Council, USA published on 24 September 2010 concluded that the current state of biometrics is ‘inherently fallible’. That is also one of the findings of a five-year study.
     
     
    Coming back to enforcing Aadhaar on citizens, just few days ago, the Supreme Court caught the central government red-handed defying its order that no citizen will be deprived benefits under a government scheme for want of an Aadhaar number. A Bench of Justices Gopala V Gowda and AK Goel, while staying a letter issued by the Centre to states for making Aadhaar mandatory for scholarship schemes, directed the Ministry of Electronics and Information Technology to discard Aadhaar as mandatory condition for student registration from its national scholarship portal. The Bench also stayed instructions insisting on Aadhaar from government advertisement for the scholarship schemes, says a report from The Hindu.
     
    Last year, CBSE took a U-turn after announcing that students appearing for board exams had to compulsorily provide their Aadhaar number. It clarified that providing the UID number is optional for class 10 and class 12 students and also for students registering for class 9th and 11th, who will appear for board examination next year.
     
    On 15 October 2015, the Constitution Bench of Supreme Court led by the then Chief Justice HL Dattu had ruled that no person shall be deprived of services such as Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA), Jan Dhan Yojana, pension and provident fund schemes for want of Aadhaar. The Bench even hinted that the government risked contempt of Court if it chooses to continue to make Aadhaar number a mandatory condition.
     
    Earlier on 23 September 2013, a bench of Justice J Chelameswar, Justice SA Bobde and Justice C Nagappan, without going into concrete examples, had said: "In certain quarters, Aadhaar are being insisted on by various authorities."
     
    "...no person should suffer for not getting the Aadhaar in spite of the fact that some authorities had issued a circular making it mandatory and when any person applies to get the Aadhaar voluntarily, it may be checked whether that person is entitled for it under the law and it should not be given to any illegal immigrant," the apex court had said in its order. 
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    COMMENTS

    suhas Killedar

    2 years ago

    What to do if finger prints are not identify by machine for getting Adhar card

    Pranali Sharma

    3 years ago

    Aadhaar card is essentially an identification document issued by the government of india after it records and verifies every resident Indian citizen’s , Aadhaar is a 12-digit unique identification number issued to Indian citizens by the Central government. It is issued and managed by the Unique Identification Authority of India.

    Click here to know how to apply for aadhar card online.

    Sivakumar Songappan

    3 years ago

    I could not understand the basic reason behind this propaganda against Adhar. If it is becoming easy to obtain and made mandatory, what is the problem for an ordinary citizen to comply with it. I'd people opposing because they do not want to forgo the unanimity coming along with the non availability of unified identity.

    Mandar Kulkarni

    3 years ago

    Thanks court from preventing authorities from making the Aadhaar mandatory. Widespread and nationwide debate is required on pros and cons of this UID system. Do we really need this? Better we scrap this immediately without wasting any further money of common taxpayers.

    MG Warrier

    3 years ago

    Looks, clarity is still missing, about Aadhaar and KYC (Know Your Customer). While there is need to enforce requirement to produce documents proving identiry and address proof, the insistance on any particular document for the purpose causes avoidable inconveniences. If Aadhaar is to be mandatory, issue of Aadhaar should be made the responsibility of the authority issuing Aadhaar. Till Aadhaar is issued, other documents in lieu should continue to provide the evidence Aadhaar is expected to provide.

    Aadhaar mystery: How many 'residents' actually have the UID number?
    The Unique Identification Authority of India (UIDAI) claims that it has issued 103 crore Aadhaar numbers to Indian residents and almost 97% of them are adults. On the other hand, Ujjivan Financial Services, one of the most prominent names in microfinance segment, says just 77% of its customers have Aadhaar as on 15 July 2016. This is interesting. Because, Aadhaar came into existence under the garb of providing identification to those poor people who do not have any kind of ID. Since Ujjivan operates in microfinance segment, most of its customers are supposed to have the Aadhaar numbers if we consider the claims from UIDAI. But that is not the case.
     
     
     
     
    We would presume that 100% of Ujjivan’s customers should have Aadhaar. They are borrowers who need to clear know your customer (KYC) norms. And all finance companies and banks have been waxing eloquent how Aadhaar has made life so easy for them. So, how come as high as 23% Ujjivan customers do not have the Aadhaar? Or is it possible that the claims by UIDAI are overhyped? 
     
    Quite possible. Especially, if one were to look at the history of UIDAI and how it goofs up with numbers and figures. For example, UIDAI conducted a proof of the concept trial of the Aadhaar project between March and June 2010 neglecting the basic principle of pilot testing and size of sample. For over 120 crore UID numbers, they have used data from just 20,000 people, in pairs, as the sample and have on the basis of these results, went ahead with the UID number through the 'Aadhaar' project. 
     
    On the false positive identification rate (FPIR), the authority had said, "We will look at the point where the FPIR (i.e. the possibility that a person is mistaken to be a different person) is 0.0025%". This means, for every 1 lakh comparisons, there would be two and a half false positives. On a large scale, it means for a population of over 120 crore, there would be 18 lakh crore false positives! (Read: How UIDAI goofed up pilot test results to press forward with UID scheme)
     
    Coming back to Aadhaar, last week united opposition members disrupted proceedings in the Rajya Sabha, while protesting against making the UID number mandatory for availing government benefits like subsidised LPG, PDS supplies and pensions. Ram Gopal Yadav from the Samajwadi Party (SP) said the Centre has issued instructions to state governments to stop ration card benefits, pensions and subsidised LPG to those not having Aadhaar. As much as 40% of the population do not have an Aadhaar card and the move will hit the poor hard, he said (emphasis added). 
     
    Dilip Tirkey of the Biju Janata Dal (BJD) told the upper house that 20% of the population in Odisha do not have Aadhaar number and the instruction from the Centre will only create problems for the poor (emphasis added).
     
    The biggest shocker came from Petroleum Minister Dharmendra Pradhan, who said that 85% of the population have got Aadhaar, and the penetration can be pushed only with the effort of the state government. The question is how many citizens have actually received an Aadhaar number? It is 96.7% as claimed by UIDAI, or 85% as stated by the Minister? Or much lower, as charged by the Parliamentarians?
     
    As if the white elephant of Aadhaar was not enough, the claims and counter claims are making it a story of an elephant and four blind persons with everyone giving their own numbers.  
     
    Meanwhile, the Comptroller and Auditor General of India (CAG), in a report tabled in the Parliament on 2 August 2016, had said that UIDAI had granted undue favour to Wipro Ltd in a maintenance contract worth Rs4.92 crore. "The UIDAI, in contravention of the provisions of the contract, extended undue favour to the vendor (Wipro) and incurred an avoidable expenditure of Rs4.92 crore on annual maintenance contract of the equipment for a period covered under warranty/free maintenance," the CAG report stated.
     
    "The UIDAI did not route its advertisements through the Directorate of Advertising and Visual Publicity in accordance with the advertisement policy of the Ministry of Information and Broadcasting. This led to loss of Rs1.41 crore as the eligible discount was not availed," the report added.
     
    Wipro, however, has disagreed with the findings of CAG. "We disagree with the findings of the (CAG) report that UIDAI extended undue favour to us. We draw attention to the latter's response in the report that the acceptance of goods was given by the competent authority in UIDAI after commissioning the equipment," the software company said in a statement.
     
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    COMMENTS

    Prem Gupta

    2 years ago

    It is forced by government to link mobile numbers with Aadhaar but unfortunately my finger prints of all the ten fingers didn’t authenticated my Aadhaar no

    Sukanya Rao

    3 years ago

    In order to get a voters card I recall spending a full six hours waiting in the queue and much to my dismay I didn't receive the card. This happened about 25 years ago. Considering the importance of a voters card, I went again and waited for 12 hours in the queue. The waiting time would have been 8 hours had their machinery not broken down. Beyond the bad photo which looks like a compressed version of my face, my address is incorrect. Apart from voting I hadn't used it for any purpose. So when I read that the Supreme Court said that Aadhar card is purely voluntary I was happy and decided that I could live without one. But my happiness is short lived because I am slowly realizing that it is actually mandatory. My gas agency has called me this time third year in a row (apart from innumerable reminders) to submit my aadhar card and I don't have one. I have stopped receiving my gas subsidy despite my submitting the voters card. I am worried that I may stop receiving the gas cylinder itself. The Karnataka Education department has made it mandatory for all school children to have an aadhar card. I am receiving reminders since last year to submit my son's aadhar card from his school because the education department insists that all children must have one. I have heard rumours that without aadhar card, children may not be allowed admission into schools and colleges or they may not be able to receive their scholastic results. All this has got me worried and I decided to apply for an aadhar card finally. The government is arm twisting citizens to get an aadhar card despite the Supreme Court's ruling. I have also heard cases where the biometric machines were unable to read people's fingerprints and hence the aadhar card hasn't been useful. I am unable to understand the purpose an aadhar card will serve which is beyond a voters card, pan card, Passport, ration card, and various other cards that we have for ID proof and Address proof. I am sure a few years from now, we'll have to go through another card process.

    Prakash Basrur

    3 years ago

    Are we not under the scanner of thousands of "on-line" media since last decade ? Google, WhatsApp , FaceBook et al have been snooping on our "Kundalis" 24/7/365 for many years ! Who has stopped those "Orwellian Big Bros" till now ? Are we going to stop using the Internet and Computers all together because of this threat ? Aadhar is another such "Ghost" we have to take it or leave it ! "Jai Ho !"

    Prakash Basrur

    3 years ago

    Are we not under the scanner of thousands of "on-line" media since last decade ? Google, WhatsApp , FaceBook et al have been snooping on our "Kundalis" 24/7/365 for many years ! Who has stopped those "Orwellian Big Bros" till now ? Are we going to stop using the Internet and Computers all together because of this threat ? Aadhar is another such "Ghost" we have to take it or leave it ! "Jai Ho !"

    Ralph Rau

    3 years ago

    UID is a dangerous concept which places the citizen at risk of continuous surveillance and encourages authoritarianism. George Orwell's Big Brother come true.

    This is the reason citizens of developed nations have steadfastly opposed a similar biometric or Universal ID scheme.

    Use of UID must be limited to subsidies for the poor especially since Rajee Gandhi acknowledged that 85% of welfare spending never reaches the recipient.

    Nitin Bhatia

    3 years ago

    At least get your own numbers right before writing such a rant filled and poorly researched article.
    " the possibility that a person is mistaken to be a different person) is 0.0025%". This means, for every 1 lakh comparisons, there would be two and a half false positives. On a large scale, it means for a population of over 120 crore, there would be 18 lakh crore false positives!"

    Correct figure should be 30000 which is minuscule compared to the overall population.

    NARENDRA NEGANDHI

    3 years ago

    even in writing an article of this size you make a blunder mentioning a figure of 18 lakh crore, you expect that such a huge tasks of UIDAI is to be done without mistake? AAdhar has to be made compoulsory & even if with an accuracy level of say 95% it will help india in a huge way. Let us all support rather than finding trivias about it

    Anil Kumar

    3 years ago

    With such a big project, the overlaps / gaps is only logical. In due course, I think the juggernaut of enrollment will cover most of the most.

    Hemant Chitale

    3 years ago

    It is for Residents. Don't use the word "Citizens" in your article. Going by advertisements on the Internet, Non-Residents also have been obtaining Aadhaar numbers.

    ANIL KHEMKA

    3 years ago

    I HAD APPLIED 5 AADHAR FOR MY FAMILY.
    HAVE RECEIVED ONLY 2 TILL DATE WITH NO COMMUNICATION ON THE FATE OF THE OTHERS SINCE 3 YEARS WHEN THE BIOMETRICS WERE TAKEN

    P L Despande pawar

    3 years ago

    This is criticism for the sake of criticism.CAG's observation of undue benefit to Wipro is prima facie ridiculous.
    May be there are slippages but you can't overlook the execution of milestone !

    P L Despande pawar

    3 years ago

    This is criticism for the sake of criticism.CAG's observation of undue benefit to Wipro is prima facie ridiculous.
    May be there are slippages but you can't overlook the execution of milestone !

    SuchindranathAiyerS

    3 years ago

    When it comes to Statistics, the BJP is just as much a liar as the Khangress. Primarily because, like Aadhar, all the BJP policies are the same as that of the Sonia-Manmohan led Parivar that loots together to stay together. More importantly, it is the same rusted iron framework of incompetent, corrupt, Babu-Cop-Milard-Crony Kleptocrats comprising, for the most part, of those Constitutionally Certified to be Congenitally Backward.

    REPLY

    R Varadarajan

    In Reply to SuchindranathAiyerS 3 years ago

    How right you are !!! Everybody is on publicity drive !!!

    MOHAN SIROYA

    3 years ago

    What is stated in the article appears to be true. The efficacy of linking ADHAAR no. to all other Bank or Income Tax KYC/Returns is not coming thru'. After hair splitting investigation as to the denial of
    Aadhaar no. to other Govt. departments/KYC, especially with Income tax department is being ejected simply for the reason that ,While the PAN has Self name , Father name and also father an and not Husband name in case of a married woman. Aadhaar was not created on these parameters but only on self name followed by Fathers name separately. Because of this separation, Income tax
    department is rejecting the linkage .



    If it was necessary that we should register the name exactly as per PAN details, why the UIDAI authorities accepted name of the registrant without having Father's name in the middle of his name as per PAN card. In fact Pan Card was submitted as a prof of ID to make the Aadhaar Card.
    Surpisingly till today, while maie Aadhar Card they did not inist on name exactly as given in PAN Card. Even a driving licence is accepted as proof of name and address, which again is different than given in PAN card. All such discrepancies make a mockery of efficacy of this linkage Tamaasha

    REPLY

    R Varadarajan

    In Reply to MOHAN SIROYA 3 years ago

    The major issue is that the persons who are involved with the ground level operations are not totally involved - for reasons best known to them and to their employers. This created endless problems for the residents and the correction of details become even more difficult.

    M Muralidharan

    3 years ago

    There are many who have AADHAR and dont want to register the same in any bank or other Govt. places for their own ideas. Hence, the nos. registered with the Govt. Depts. can never be the correct one as not everyone would have used it in many places or all places as required.

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