Why Vasundhara Raje should immediately withdraw circulars making Aadhaar mandatory -Part 23

Ashok Gehlot government’s submission to the Supreme Court, just before vacating the office, not only dismisses fundamental rights of Indian citizens but also questions powers of the apex court. That too when several experiments in Rajasthan had revealed the failure of Aadhaar-based systems

“If once people become inattentive to the public affairs, “you and I, Congress and Assemblies, judges and Governors shall become wolves.”
 

-Thomas Jefferson, author of the Declaration of Independence and the third president of USA in a letter, 16 January, 1787 
 

“The people cannot be all, and always, well informed. The part which is wrong will be discontented in proportion to the importance of the facts they misconceive. If they remain quiet under such misconceptions it is a lethargy, the forerunner of death to the public liberty.”
 

-Thomas Jefferson in a letter, 13 November, 1787
 

Commenting on Aadhaar-based cash transfers, at Jantar Mantar in New Delhi, Shankar Singh of Mazdoor Kisan Shakti Sangathan had prophetically said, “You transfer cash, we’ll transfer our votes.” The voters transferred the votes from Congress to Bharatiya Janata Party (BJP). Out of the 49 assembly constituencies where direct benefits transfer (DBT) implemented, the Congress could win only three, while BJP won 39. This is a verdict against Aadhaar-linked programs of the Congress party. BJP cannot afford to delay announcement of its abolition. It should unsign the memorandum of understanding (MoU) the state governments signed with illegal and illegitimate Unique Identification Authority of India (UIDAI) headed by Congressman Nandan Nilekani.   
 

So far Rajasthan is the only state, which has filed its affidavit in the matter of biometric Aadhaar number in compliance with the Supreme Court’s order of 26 November 2013 seeking affidavits from all the states. Vasundhara Raje Scindia assumed the office as the 24th  chief minister of Rajasthan on 13 December 2013 defeating Ashok Gehlot of Indian National Congress (Congress). It was unethical and inappropriate for the Gehlot government to have filed the affidavit in the matter on 5 December 2013 knowing instead of waiting for the new chief minister to take over. All the citizens of 33 districts of the state await Raje’s intervention to save them from the harassment caused to them due to the implementation of illegal and illegitimate biometric Aadhaar number scheme.
 

In its preliminary reply filed by Dr Hansraj Yadav, additional director (UID), Department of DoT&C, Government of Rajasthan under the regime of Congress in the matter of Aruna Roy Vs Union of India, which attached Justice Puttaswamy’s petition against biometric Aadhaar, submitted, “The State of Rajasthan is unambiguously in favour of implementation of Aadhaar Scheme. In fact, if Aadhaar Scheme as conceived and contemplated is implemented throughout the country then every resident shall have a unique identification number (UID) and which shall have obvious positive impact. Therefore, one cannot find fault with overarching scheme which postulates a unique identification number for every resident of the country.” 
 

The affidavit submits, “The biometric science would only identify the concerned person and it is only for identification of person. Thus, use of aforesaid information cannot be termed as Invasion of Privacy and adequate care has been taken that the data collected during the preparation of Aadhaar Card does not come in public domain.” 
 

It is not clear as to how this “obvious” inference has been arrived at. 
 

But when one reads what this affidavit argues about the powers of the Supreme Court then it becomes abundantly clear that it is not only dismissing the fundamental rights of citizens but also the powers of the Court. It submits, “It is most respectfully submitted that the Court has very limited powers of judicial review to examine a policy decision.” This argument will have us believe that court has limited powers and the government has unlimited powers.
 

On the issue of “Lack of competence of Executive to implement Aadhaar Scheme in absence of legislation or when legislation is being contemplated by the Parliament”, it submits that “The executive power is only fettered by the fact that it should not be inconsistent with any law made by the Parliament or which contravenes the fundamental rights of the resident. In the present matter, the Union of India had the legislative competence to enact law and therefore shall proprio vigora have requisite executive power.”  The Latin phrase PROPRIO VIGORE means by its own force or vigor or of one’s own strength. This proposition in the affidavit is absurd and the phrase in question has been used in an inappropriate context. The fact is that Government of India can introduce the Bill in the Parliament and propose the law but it does not mean it has “the legislative competence to enact law”, the competence for enactment of law lies with the legislature
 

The affidavit is deliberate creating ambiguity about the involvement of private agencies and confines itself to the agencies involved in the distribution of Aadhaar. It feigns ignorance about involvement of transnational identification technology companies who admittedly work with foreign intelligence agencies.
 

The Gehlot government had issued a circular on 17 October 2012 to  all the residents of Rajasthan including government servants to get enrolled for Aadhaar. Field visits in Rajasthan in February 2013 revealed that two months after the roll out in 20 pilot districts, the total amount of money transferred nationally was only Rs5.5 crore through the Aadhaar-based payment network. In Ajmer, out of some 20,000 potential beneficiaries, only some 220 beneficiaries received money in the bank through the biometric Aadhaar. Even this money was not through a biometric identification, illustrating how it was a failure. In the Janani Suraksha Yojna, out of some 1400, only 139 women who delivered children in the hospital received money in the bank through Aadhaar sans biometrics.
 

The experiment in Kotkasim, Alwar district, Rajasthan brought to light the fact that the crash in sale of kerosene happened because many ration card holders did not have bank accounts but financial newspapers reported that the sale dropped because leakage has been plugged based on District Collector’s report. The fact was since the subsidy could not be reimbursed to many ration card holders, they were compelled to stop buying kerosene. The banks are located far away adding to the villagers having to incur transport expenses. If such experiments continue even the existing system will collapse as people are being driven out from it. It is not about the “bogey of non-access to public services”, these experiments reveals that the Aadhaar based system is not working.
 

The Congress-led Rajasthan government had linked 10-key schemes to the Aadhaar unique identification programme making it compulsory for arms license, old-age, widow and differently-abled pension schemes, rural job cards, ration cards, driving license, property registration, water and electricity connections, Indira Awas Yojna and student scholarships.
 

The affidavit observes, “since Aadhaar number corresponds to a unique record, therefore, tagged to a unique individual, merely introduction of Aadhaar in the beneficiary database ensures detection of a large number of duplicates.”
 

The fact is that there is no evidence about the extent of the leakage due to duplicates. The paper done by the National Institute of Public Finance and Policy at the behest of UIDAI is an exercise in assumptions because the authors themselves admit that their data is outdated and in some aspects the data is not available. This is admittedly not an independent study as was claimed by Nilekani in April 2013 in Washington. The biometrics collected for “de-duplicating” all the residents of Rajasthan is an improbable task because the December 2009 report of UIDAI’s committee on biometrics revealed that in its sample of 25,000 people, 2-5% did not have biometric records. It is estimated that approximately 5% of any population has unreadable fingerprints, either due to scars or aging or illegible prints. In the Indian environment, experience has shown that the failure to enroll is as high as 15%  due to the prevalence of a huge population dependent on manual labour, according to RS Sharma, the then director general and mission director, UIDAI. When as many as 15% fail to enroll, how does “Aadhaar in the beneficiary database ensures detection of a large number of duplicates”?
 

The affidavit submits, “It is equally a sedimented proposition of law that possibility of misuse or even some aberrations whilst implementation or enforcement of a policy decision would not invalidate a scheme or policy decision.” Similar indefensible arguments have been advanced by Congress-led union government in the matters of coal block allocation and 2G spectrum allocation. It has been admitted by the government that Court can intervene if “the policy decision is patently arbitrary, discriminatory or mala fide”. There is sufficient evidence to infer that decisions regarding Aadhaar and related schemes are ‘patently arbitrary, discriminatory or mala fide’. It is arbitrary because there was no feasibility study and no cost-benefit analysis that preceded their launch.
 

In response to a question in the Lok Sabha: "whether any pre-feasibility study or cost benefit analysis was done before the notification for creation of UIDAI was issued on 28 January 2009;  if so, the details thereof," V Narayanaswamy, as minister of planning, replied on 18 August 2010 that "An Empowered Group of Ministers which was constituted in December 2006 .... decided that a Unique Identification Authority of India be constituted under the Planning Commission and be made responsible for implementing the project which would aim at better targeting of welfare services, improving efficiency of the services and better governance.  The benefits accruing out of the project should far outweigh the cost of the project." It did not undertake the cost-benefit analysis and this was underlined by the Parliamentary Standing Committee on Finance in its report. It is mala fide because it has not disclosed to Indians that the biometric profiling under Aadhaar is linked to National Population Register (NPR), which in turn is related to National Intelligence Grid.      
 

The new government in Rajasthan should immediately withdraw this circular issued by CK Mathew, the chief secretary in compliance with the Supreme Court’s order to tide over the sad legacy of the Congress government. 
 

You may also want to read…

 

Why biometric identification of citizens must be resisted? Part I
 

Biometric identification is modern day enslavement -Part II
 

Biometric profiling, including DNA, is dehumanising -Part III
 

Marketing and advertising blitzkrieg of biometric techies and supporters -Part IV
 

History of technologies reveals it is their owners who are true beneficiaries -Part V
 

UID's promise of service delivery to poor hides IT, biometrics industry profits –Part VI
 

Technologies and technology companies are beyond regulation? -Part VII
 

Surveillance through biometrics-based Aadhaar –Part VIII
 

Narendra Modi biometrically profiled. What about Congress leaders?-Part IX
 

Aadhaar: Why opposition ruled states are playing partner for biometric UID? -Part X

 

Is Nandan Nilekani acting as an agent of non-state actors? –Part XI

 

Aadhaar and UPA govt's obsession for private sector benefits–Part XII
 

CIA-funded MongoDB partners with UIDAI to handle Aadhaar data –Part XIII

 

Are Indians being used as guinea pigs of biometric technology companies? -Part XIV
 

Aadhaar: Is the biometric data of human body immortal and ageless? Part XV
 

Aadhaar: The propaganda of transnational vested interests –Part XVI

 

Aadhaar: Pakistan handed over, India giving database on a platter– Part XVII
 

Engineered row in US-India relations, an attention diversion tactics of big brothers?—Part XVIII

 

Aadhaar: UIDAI and the ‘fifth column’ of Napoleon—Part XIX
 

Aadhaar: Turning citizens into subjects through social control technology companies –PartXX

 

Why Kejriwal govt in Delhi should abandon biometric Aadhaar?—Part XXI

 

Aadhaar for LPG: Oil companies, Ministry of Petroleum & UIDAI disobeying Supreme Court order–Part XXII

 

(Gopal Krishna is member of Citizens Forum for Civil Liberties (CFCL), which is campaigning against surveillance technologies since 2010)

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    COMMENTS

    Harish

    6 years ago

    Aadhaar should be made mandatory for linkage and issued with strict verifications.

    Direct benefits transfer (DBT) should be abolished. DBT is a waste on administration and harassment to concerned Citizens.

    Aadhaar for LPG: Oil companies, Ministry of Petroleum & UIDAI disobeying Supreme Court order–Part 22

    Are HPCL, BPCL and IOC, which are harassing consumers over the LPG cylinder, 'agencies engaged in delivery of welfare services'? Their conduct in violation of the Supreme Court's order illustrates how they are delivering illegal, intrusive and unwelcome messages

    With an explicit approval of ministries of finance and petroleum and natural gas, unprecedented bombardment of messages (SMS) on mobiles of consumers is going on. Oil marketing companies like the Hindustan Petroleum Corp Ltd (HPCL), Bharat Petroleum Corp Ltd (BPCL) and Indian Oil Corp (IOC) are daring the majesty of the Supreme Court, which has reiterated its ban on the making of Aadhaar mandatory for any services. It is evident that the floodgates of messages (SMS) have been opened under the influence of Nandan Nilekani, chairman, Task Force on an Aadhaar-Enabled Unified Payment Infrastructure for the direct transfer of subsidies on Kerosene, LPG and Fertilizer, Task Force on Direct Transfer of Subsidies on Kerosene, LPG and Fertilizer and Unique Identification Authority of India (UIDAI) in manifest and admitted non-compliance of the apex court’s order.

     

    The consumers are bearing the consequences of the terms of reference of an (Interim) Task Force on Direct Transfer of Subsidies on Kerosene, LPG and Fertiliser that was constituted on 14 February 2011 by the Ministry of Finance. Its mandate was to “examine and suggest an implementable solution for direct transfer of subsidies on Kerosene, LPG and Fertilizer to intended beneficiaries with the use of Aadhaar numbers (Unique Identification numbers), Aadhaar-enabled transactions and Aadhaar authentication infrastructure of the UIDAI.” This was announced in the Budget Speech of 2011-12. Subsequently, the Terms of Reference of the Task Force were extended to include the development of an Aadhaar-Enabled Unified Payment Architecture to on 20 September 2011.

     

    For the central government what is at stake is the recommendation of these task forces which are being implemented in contempt of Supreme Court as if the Task Force is superior to the Court. Central government had sought modification of the Court’s order by its application of 8 October 2013 but the Supreme Court did not grant them any relief and instead it categorically stated in its order of 26 November 2013 that its order of 23 September 2013 remains unmodified.

     

    The order unequivocally directed, “no person should suffer for not getting the Aadhaar card in spite of the fact that some authority had issued a circular making it mandatory.” But these companies are making the consumers suffer. Parliamentary Standing Committee on Finance had apprehended that “The possibility that some such agencies (data collecting entities) are aligned to communal and fundamentalist groups and thus having ulterior motive in collecting non-mandatory information, cannot be ruled out.” Its apprehension stands vindicated.  

     

    Ministry of Petroleum and Natural Gas (MoP&NG) has filed the attached ‘Application for clarification/modification of order dated 23.09.2013”. The court’s order of November 26 reads: "After hearing the matter at length, we are of the view that all the States and Union Territories have to be impleaded as respondents to give effective directions. In view thereof notice be issued to all the States and Union Territories through standing counsel. The advocates who have already  entered  appearance  must file their replies within  a  period  of  three  days  from  today. Learned standing counsel for the States who were not represented may take instructions from their respective States and file their response within one week."

     

    Now Nilekani is indulging in fibbing and hiding his indulgence in myriad veils. As chairman of UIDAI, he issued the unique identification (UID)/Aadhaar enrolment form making a solemn declaration that “Aadhaar Enrolment is free and voluntary.” This is a declaration of Government of India. This is a promise of Planning Commission of India headed by the prime minister. As a consequence, all the agencies, state governments, the Government of India and the “agencies engaged in delivery of welfare services” are under legal and moral obligation to ensure that it (UID/Aadhaar) cannot be made mandatory.

     

    According to the Strategy Overview document of the UIDAI "enrolment will not be mandated" adding, "This will not, however, preclude governments or registrars from mandating enrolment." The ‘governments or registrars’ who are making it mandatory is none other than Nilekani.

     

    The enrolment form of Aadhaar/unique identification (UID) number promises on top of the form that it is “free and voluntary”, several central ministries and uninformed state governments attempted to make it mandatory, in a manifest case of breach of citizen's trust. It is the promise of the President of India and Government of India. Is it not?

     

     

    Clearly, Nilekani’s words in his official capacity are untrustworthy. This is unbecoming of a person who has a rank of a cabinet minister in the Planning Commission. The column no 8 in the Aadhaar Enrolment Form at page no 1 refers to “agencies engaged in delivery of welfare services”. Are these oil marketing companies (OMCs) which are harassing consumers, “agencies engaged in delivery of welfare services”, their conduct in violation of the court’s order illustrates how they are delivering illegal, intrusive and unwelcome messages and not welfare.   

     

    At page no 2 of the Aadhaar Enrolment Form provides, “Instructions to follow while filling up the enrolment form” which states that column no 8 is about seeking consent from an Indian “Resident (who) may specifically express willingness/ unwillingness by selecting the relevant box” by ticking “yes” or “no” options . The column no 8 at page no 1 reads: “I have no objection to the UIDAI sharing information provided by me to the UIDAI with agencies engaged in delivery of welfare services.” Now the issue is that if residents are promised that enrolment is “voluntary” they may have given their consent unaware of its ramifications but if they know now that it is made “mandatory” they are may refuse to give their consent. Has their consent been frozen?

     

    Given the fact that the pretence of taking consent from consumers was advanced. It has clearly established two sets of biometric Aadhaar number holders, one who have given consent for their information to be shared with the agencies involved in delivery of welfare services and the other being those who enrolled for the biometric Aadhaar number but they did not give consent for their information to be shared with these agencies. The question is why are the ones in the latter category too are being submerged in the flood of unwanted messages. Among the Big Data and intelligence companies the constant refrain is data is never shared, it is bartered. Isn’t UIDAI bartering away right to free choice, a basic human right in the name of plugging the leakage of the subsidy?

     

    The court is likely to hear the matter on 28 January 2014 and take these ‘welfare agencies’ and the concerned ministries to task.

     

    But in violation of Supreme Court's order, Ministry of Petroleum and Natural Gas through notifications published in the Gazette of India vide GSR 718 (E) and GSR 791 (E) has made several amendments to the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order 2000 (no.10) claiming powers conferred under Section 3 of the Essential Commodities Act (ECA) 1955 has made UID/Aadhaar mandatory. The Section 3 of ECA 1955 gives powers to control production, supply, distribution, etc of essential commodities. It is inexplicable as to how this provides a legal mandate to link the UID number with its services. This implies denial of subsidy to those who do not have the impugned UID number, which is based on some biometric identification of ‘usual residents’, unmindful of the fact that the subsidy in question is meant for citizens. This is a case of manifest inconsistency, because it does not differentiate between a citizen and a non-citizen.

     

    Despite UID/Aadhaar number being legally questionable its continuing enrolment for biometric UID/Aadhaar number based on an Enrolment Form which promises that it is ‘free and voluntary’ and indulging in a sleight of hand by stating that by enrolling you give consent for it to be made mandatory through 'welfare agencies'.

     

    The fact is UID number is constitutionally, legally, legislatively, politically, historically, democratically and ethically wrong and the key issue is not whether it should be mandatory. It is an attempt take over property rights over personal sensitive information from citizens for good.

     

    It constitutes colossal and unprecedented assault on privacy and democratic rights.  Under the influence of advertising which is being dished out by UIDAI and the Governments, some publications and icons like Amitabh Bachchan will have us believe that there is nothing wrong with Orwellian architecture masquerading as solutions architecture and public information infrastructure. The video of Bachchan in ICICI bank ad endorsing biometric UID/Aadhaar is available here.
     


    The claims of the Solicitor General and Ministry of Petroleum are questionable. An undated letter (circular) of the Ministry reads, "...we will restrict LPG distribution only to those who have registered Aadhaar numbers with the distributor." This is in direct contradiction to the submission made by Solicitor General in the Supreme Court. It is clear that it has nothing to do with the subsidy this is about the supply of LPG itself, with or without subsidy. Meanwhile, it has come to light that individual companies have already put in place a process for continuing LPG supplies with or without Aadhaar/UID number and with or without Direct Benefits Transfer (DBT), hence there can be no disruption or hardship caused by removing UID from the DBT process as envisaged by the Solicitor General.

     

    In a bizarre move, three oil PSUs have moved the Supreme Court seeking modification of its earlier order, but before a different bench of Chief Justice P Sathasivam and Justice Ranjan Gogoi for an urgent hearing, according to a report of the Press Trust of India dated 6 October 2013.

     

    In the Madhya Pradesh High Court a petition has been filed against the “illegal demand for providing Aadhaar number for Gas Cylinders on subsidized rate without any statutory force for making the Aadhaar number mandatory.” The writ petition (civil) no 18679 of 2013 has argued that “it is totally arbitrary.” One of the grounds in the petition refers to the publication of advertisements by the government saying, “by the impugned publication and demand of Aadhaar number is totally unreasonable because at present even 25% of LPG Gas cylinder holders does not get them register or the UID authorities issued the Aadhaar number or Aadhaar card hence making the Aadhaar card is totally illegal.”     

     

    Dealers in Madhya have revealed to this author that there is a compelling logic to keep the Aadhaar-linked subsidy transfer for LPG in abeyance. MoPNG and OMC has/had proposed to launch DBTL in Indore, Bhopal, Jabalpur etc on 1 October 2013 wherein it is/was envisaged that after 31 December 2013 no consumer shall be able to get the subsidy transferred to their bank account if he/she does not have Aadhaar or the Aadhaar is not linked with the bank account. Notably, those people who got their Aadhaar number linked to gas connections are being charged an undeclared hike of Rs50 per cylinder. Hindustan Times, Bhopal has reported on 9 January 2014 that IOC is arguing that it is not blame as the LPG consumers of IOC are paying extra because of the value added tax (VAT) uniformly levied by the central government. IOC has announced that once the deadline of seeding gas connections with Aadhaar is over the cylinders would be available at the market rate and only way of availing of the subsidy would be through the Aadhaar linkage to the gas consumer and bank account.

     

    Most of the consumers have been unable to get the desired subsidy transferred in their account because of this pre-condition. The consumers have been deprived of the subsidy due to the following reasons:

    • Supreme Court’s order of 23rd September and 26 November 2013 is superior to the circulars and advertisements of Oil & Natural Gas Ministry and Oil companies
    • Consumers have taken note of the resolution of West Bengal Assembly against Aadhaar
    • Consumers have taken note of the recommendations of the Parliamentary Standing Committee on Finance
    • Consumers are aware that the Punjab and Haryana High Court besides Supreme Court has ruled against Aadhaar being made mandatory  
    • Biometric Aadhaar not been made or received
    • Bank account is not in name of the person having Aadhaar
    • Connection is not in the name or the Aadhaar holder
    • Old aged people could get their Aadhaar made
    • Poor people having the Aadhaar could not  open the bank account in time
    • Many labor class persons could not get the Aadhaar made as their finger prints are not being captured while making the UID. Even when P Chidambaram, Nilekani, Veerappa Moily grow too old their biometric data cannot be captured.
    • Not completing the formalities in the given time due unavoidable circumstances such as being abroad for few months/ out of station for long period/Not well for long period. etc.
    • In case of rural area opening of bank account shall be a another huge constraint
    • Common man knows that the Aadhaar project has no legal basis

     

    The dealers are arguing that on the basis of the fact that Supreme Court order, Aadhaar cannot be made mandatory for availing the subsidy otherwise huge number of the consumers shall be deprived of their bona fide right to avail the subsidy.

     

    Meanwhile, on 6 January 2014, LPG Distributors Federation has announced that they will go an indefinite nationwide strike from 19th January. Their demands include direct benefit transfer for LPG scheme be made compliant with the direction of the Supreme Court. The strike is also a protest against distributors being forced to take Aadhaar from the customers despite Court’s order.

     

    Supreme Court has simply stated what the central government has promised in the Parliament. In its order what the Court has done is to simply reiterate the significance of the promise made by Government of India. As of now Chidambaram, Nilekani, Moily and the oil companies are making the court’s orders subservient to their court’s directions. This sets a dangerous precedent.

     

    You may also want to read…

     

    Why biometric identification of citizens must be resisted? Part I
     

    Biometric identification is modern day enslavement -Part II
     

    Biometric profiling, including DNA, is dehumanising -Part III
     

    Marketing and advertising blitzkrieg of biometric techies and supporters -Part IV
     

    History of technologies reveals it is their owners who are true beneficiaries -Part V
     

    UID's promise of service delivery to poor hides IT, biometrics industry profits –Part VI
     

    Technologies and technology companies are beyond regulation? -Part VII
     

    Surveillance through biometrics-based Aadhaar –Part VIII
     

    Narendra Modi biometrically profiled. What about Congress leaders?-Part IX
     

    Aadhaar: Why opposition ruled states are playing partner for biometric UID? -Part X

     

    Is Nandan Nilekani acting as an agent of non-state actors? –Part XI

     

    Aadhaar and UPA govt's obsession for private sector benefits–Part XII
     

    CIA-funded MongoDB partners with UIDAI to handle Aadhaar data –Part XIII

     

    Are Indians being used as guinea pigs of biometric technology companies? -Part XIV
     

    Aadhaar: Is the biometric data of human body immortal and ageless? Part XV
     

    Aadhaar: The propaganda of transnational vested interests –Part XVI

     

    Aadhaar: Pakistan handed over, India giving database on a platter– Part XVII
     

    Engineered row in US-India relations, an attention diversion tactics of big brothers?—Part XVIII

     

    Aadhaar: UIDAI and the ‘fifth column’ of Napoleon—Part XIX
     

    Aadhaar: Turning citizens into subjects through social control technology companies –PartXX

     

    Why Kejriwal govt in Delhi should abandon biometric Aadhaar?—Part XXI

     

    (Gopal Krishna is member of Citizens Forum for Civil Liberties (CFCL), which is campaigning against surveillance technologies since 2010)

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    COMMENTS

    THEJASWINI

    6 years ago

    LPG adhar subsidy rules wrong.becuase poor people get money problem at a gas reilling time.Me sumbitted to adhar card both of bank and gas distrubiter.so i today went purchase a refilling gas cylinder but bill amount 1120 per 1 refilled gascylinder.me also get money problem.

    Venkat

    6 years ago

    And finally, the stupid scheme goes! What a relief!

    But, what happens to those who have purchased the cylinders at market prices without an aadhar card and those who never got their subsidy credited.

    The government cannot enrich itself through an illegal earning. Should someone move the courts again to get their money back. In the last couple of months, the difference is around the Rs.900 mark per cylinder.

    Let us now focus on this part of the stupidity.

    hari singh

    6 years ago

    In Dist Barnala ,Punjab , Adhar card is compulsory Wef 01 jan 2014 to get LPG subsidy.. Gas agencies and oil companies ,insist on linking bank account through adhar card to avail subsidy , I tried to tell them about Supreme court order , but none cares/listens , I dont have Adhar number , nor Intend to get one , Can any one suggest best course of action to get subsidy with out Adhar and haul up distributors and oil companies for disobeying supreme court orders. Hari singh

    Venkat

    6 years ago

    When we went for Aadhar registration, we were asked to get the census slip. Now, since we were not present in the state during the census, we did not have it. Again, based on the SC order, we did not pursue obtaining the Aadhar card.

    Now with the Gas companies making Aadhar mandatory for subdised rate LPG, we do not know where to get the Aadhar card from.

    This is not right on part of the oil companies to proceed with making Aadhar card mandatory. We have Passport, Driving Licence, Bank A/C's, Ration Card, PAN Card..

    How many more ID's do we require to provide that we are Indian citizens to avail of benefits?

    Venkat

    6 years ago

    In TN, we were asked for the census slip for enrolment to Aadhar. Now since we were not in this state during the time, we did not get enrolled in census. Again, based on the SC order that Aadhar is not mandatory, we did not pursue for Aadhar card. All of a sudden, Gas companies are now making it mandatory.

    We are now not sure of where to get the Aadhar from in TN.

    MOHAN

    6 years ago

    According to news reports, the ministry may increase subsidised LPG from the present nine cylinders to 12, but may go for a further price hike of between Rs. 75 and Rs. 100 per cylinder. Price of LPG has already been hiked Rs. 200/- as "New Year 2014 Bonanza ". In Delhi it is Rs 1,241 per Cylinder now. If it is increased Rs.100 then it will be Rs. 1,341/-.

    The real problem with Aadhar linked LPG is that you have to pay Rs. 1341/ at the time of delivery/purchase of LPG. The subsidy amount will be credited to your bank account only. How can a poor man pay this amount to buy LPG?

    It is a fact that in our villages, credit is still all about moneylenders. Therefore poor people will be forced to approach the loan sharks for the amount to buy LPG. By linking Aadhar with LPG the government is actually making the lives of the poor more miserable.

    Venkat

    6 years ago

    The Supreme Court can initiate Suo Moto action and the media can certainly help.
    Wonder why everyone is maintaining stoic silence.

    Beniwal

    6 years ago

    A few days back Times of India - New Delhi carried a half page advertisement of Ministry of Petroleum to get AADHAR card to get subsidy. individually poor people first priority is to get gas and subsidy(intended bribe for vote). the ministry/babus do not obey Supreme court order, because they know no individual will spend money and time to get contempt notice issued.

    Dr Paresh Vaidya

    6 years ago

    The ground situation is like this ( at least in Mumbai). When you book the gas the bill is made for full amount without the subsidy. Delivery boy stakes this full cash from you.If your dealer and Bank have your Adhaar registration, subsidy part comes to your bank account ( very promptly,at last for now)and if your Adhaar is not given,you just lose the subsidy amount.

    Contempt of Court is so obvious. But some one has to proceed. It looks, now our democracy works only through Courts, not by popular vote.

    ramchandran

    6 years ago

    Sir the LPG distribution agency is forcing people to provide a signed copy of the Aadhar card with their consumer copy. They also ask to submit the aadhar card copy to the bank to get the subsidy.Also the gas distribution agency is accpeting booking only through a call center facility. This is extremely hard on senior citizens since some of them do not know to operate a mobile phone.Moreover the voiceover is not even clear to the normal ear.

    S K Gupta

    6 years ago

    Nilekani is the man that cannot be trusted and look he is defying The Supreme Court Orders. They started with the Ration Card, then BPL cards then Voter ID cards then Pan Card and now Aadhar Card. This Card Business is like selling Loolipops.....

    REPLY

    MOHAN

    In Reply to S K Gupta 6 years ago

    I think it is the modern day "Veerappan" who is defying Court Orders.

    Adv Santosh Bharad

    6 years ago

    if the autorities are britching the order of Hon'ble Appex court, then why no one preferring Contempt Proceedings? In fact that would be the ultimate end of this elaborate discussion.
    - Adv Bharad (Aurangabad, Maharashtra)

    REPLY

    MOHAN

    In Reply to Adv Santosh Bharad 6 years ago

    Hope Hon. Supreme Court of India will take contempt proceedings against the OMCs immediately. It will send a strong message that the highest Court of the land is not a weak institution as that of the present PMO.

    Mohanan Balakrishnan

    6 years ago

    The Govt thinks they are doing something wonderful but in fact they are harassing common people and trying to manipulate Supreme Court's order also.This Govt should be thrown out

    Beniram Khuraijam

    6 years ago

    High time to crack this scam....its an insult to the system and citizens of India.

    Mahesh Khanna

    6 years ago

    Why Supreme court is not taking Suo Motto action

    Why Kejriwal govt in Delhi should abandon biometric Aadhaar?—Part 21

    Wherever direct cash transfer scheme based on Aadhaar was launched in the states that went for elections, Congress lost. Promises based on biometric Aadhaar are rooted in a make believe world to which Indian voters are allergic to, shows the recent assembly elections

    It is noteworthy that in the four states where assembly elections took place, the biometric Aadhaar based direct benefits transfer (DBT) was being implemented in 154 assembly seats of Delhi, Chhattisgarh, Madhya Pradesh and Rajasthan, Indian National Congress, the champion of DBT could win only 17 seats. In Delhi where DBT scheme was taken up in 63 assembly constituencies with Rs103 crore in cash transfers, the party won only eight seats. The Bharatiya Janata Party (BJP) won 31 seats and the Aam Admi Party (AAP) got 28 seats. The verdict is starkly against Aadhaar-based DBT. A report from DNA dated 16 December 2013 has underlined this. Instead of biometric Aadhaar-based DBT being a game changer for the Congress it has emerged as a regime changer.

     

    The electoral verdict is evidence against the diagnosis and remedy of World Bank Group and its Indian votaries. The verdict indicates that political parties that support Aadhaar are bound to pay heavy electoral cost for their involvement and complicity in putting citizens to inconvenience through tried, tested and failed identification technologies of transnational companies.
     

    In view of the order dated 26 November 2013, the new government in Delhi will have to file its affidavit in the Supreme Court in Writ Petition (Civil) No(s) 494 of 2012 because notices have been “issued to all the States and Union Territories through standing counsel.” In its interim order dated 23 September 2013, the court has directed, “In the meanwhile, no person should suffer for not getting the Aadhaar card in spite of the fact that an authority had issued a circular making it mandatory and when any person applies to get the Aadhaar card voluntarily…”

     

    When Ministry of Petroleum sought the modification of this order, this order was reiterated on 26th November wherein the court said, “Interim order to continue, in the meantime.” The next date of hearing is on 28 January 2014.
     

    An editorial in The Financial Express (December 30, 2013) sounds worried as to ‘Where has the DBT gone?’ It argues that since between June and December 2013, about 1.84 crore customers in 184 districts have been given Rs1,700 crore of LPG subsidy transfers using Aadhaar as platform it is disturbing that Rahul Gandhi is talking about reviving and modernising Food Corporation of India (FCI) and shops under the public distribution system (PDS). It is unconvincingly argued in the editorial that if instead of cash transfer modernisation of existing infrastructure is undertaken, it will not plug annual leakages in the social security expenditure to the tune of Rs3 lakh crore.
     

    Despite the ongoing electoral debacle being faced by Congress, it has failed to see the writing on the wall. If Rahul Gandhi is talking about modernisation of existing infrastructures in place of evidently failed initiatives like Aadhaar and DBT, it seems to imply that his trust in the prescriptions of Nandan Nilekani is beginning to erode. Notwithstanding this, the recent advertisements of the Ministry of Petroleum reveals that unless he bulldozes his opinion down their throat, the government is not likely to give it a burial but by then it will is going to be too late.      

     

    In such a backdrop, AAP govt should introduce a resolution in the Delhi Assembly for abandoning 12 digit biometric Unique Identification (UID)/Aadhaar number in Delhi.

     

    The new government in Delhi must scrap UID/Aadhaar related regressive legacy of Congress-led regime which made right to have citizens’ rights dependent on being biometrically profiled and not on constitutional guarantees and Universal Declaration of Human Rights. This has taken citizens to pre-Magna Carta days (1215 AD) or even earlier, to the days prior to the declaration of Cyrus, the Persian King (539 BC) that willed freedom for slaves. Should it not be resisted?

     

    The democratic mandate in the assembly election is against UID/Aadhaar, which was made compulsory and caused hardship to residents of Delhi. Unmindful of the fact that people’s right to energy and to cooking fuel funded by government is being snatched away by linking it with Aadhaar. The right to life and livelihood is under tremendous threat because significantly large number of Indians has been moved away from fire wood and coal based cooking. Delhi, for instance, claims to be a 100% LPG state. That means right to life and livelihood can be snatched away with its link with Aadhaar. Thus, the threat of exclusion in absence of Aadhaar based on decrees and sanctions unleashes violence on the people. It made Aadhaar a pre-condition for every right of Delhi residents including right to marriage. This is unconstitutional and must be undone.

     

    All parties must rigorously examine the ramifications of biometric information based identification of residents of India in the light of global experiences. UK, China, Australia, US and France have scrapped similar initiatives. US Supreme Court, Philippines’ Supreme Court and European Court of Human Rights have ruled against the indiscriminate biometric profiling of citizens without warrant.

     

    AAP ought to take note of the fact that endorsing Supreme Court’s order dated 23 September 2013 against Aadhaar, even Parliamentary Standing Committee (PSC) on Finance in its most recent report dated 18 October 2013 has asked Government of India to issue instructions to state governments and to all other authorities that 12-digit biometric Unique Identification (UID)/Aadhaar number should not be made mandatory for any purpose. The Seventy Seventh Report of the 31-member Parliamentary Standing Committee (PSC) on Finance reads, “Considering that in the absence of legislation, Unique Identification Authority of India (UIDAI) is functioning without any legal basis, the Committee insisted the Government to address the various shortcomings/issues pointed out in their earlier report on 'National Identification Authority of India Bill 2010' and bring forth a fresh legislation.”

     

    If AAP introduces this resolution, it will further establish its claim to represent the common man.
     

    In the meanwhile, a resolution was passed by West Bengal Assembly on 2 December 2013 against biometric Aadhaar-related programs. AAP govt should introduce a resolution in the Delhi Assembly seeking scrapping of biometric Aadhaar, asking all the parties to support the resolution. It is evident... that from the resolution against the Aadhaar that all the parties other than Congress are opposed to the implementation of Aadhaar-based programs.

     

    Notably, wherever DBT scheme based on Aadhaar was launched in the states that went for elections recently, Congress lost. Rahul Gandhi had turned Aadhaar as his key promise in UP and Amethi, but he and his party lost miserably in Uttar Pradesh election too. Promises based on biometric Aadhaar are like India Shining campaign of BJP-led government which is rooted in a make believe world to which Indian voters are allergic. Even Sanjay Gandhi faced the adverse consequences of forcing planning on human body. Aadhaar-linked programs make Indian citizens subjects of Big Data companies. It is akin to Sanjay Gandhi's forced family planning programs.

     

    The abandonment of biometric Aadhaar number by AAP will demonstrate that its government will end the culture of spying on its citizens and children in myriad disguises. This will help citizens stand up against illegitimate advances of the state.
     

    You may also want to read…

     

    Why biometric identification of citizens must be resisted? Part I
     

    Biometric identification is modern day enslavement -Part II
     

    Biometric profiling, including DNA, is dehumanising -Part III
     

    Marketing and advertising blitzkrieg of biometric techies and supporters -Part IV
     

    History of technologies reveals it is their owners who are true beneficiaries -Part V
     

    UID's promise of service delivery to poor hides IT, biometrics industry profits –Part VI
     

    Technologies and technology companies are beyond regulation? -Part VII
     

    Surveillance through biometrics-based Aadhaar –Part VIII
     

    Narendra Modi biometrically profiled. What about Congress leaders?-Part IX
     

    Aadhaar: Why opposition ruled states are playing partner for biometric UID? -Part X

     

    Is Nandan Nilekani acting as an agent of non-state actors? –Part XI

     

    Aadhaar and UPA govt's obsession for private sector benefits–Part XII

     

    Are Indians being used as guinea pigs of biometric technology companies? -Part XIV
     

    Aadhaar: Is the biometric data of human body immortal and ageless? Part XV
     

    Aadhaar: The propaganda of transnational vested interests –Part XVI

     

    Aadhaar: Pakistan handed over, India giving database on a platter– Part XVII
     

    Engineered row in US-India relations, an attention diversion tactics of big brothers?—Part XVIII

     

    Aadhaar: UIDAI and the ‘fifth column’ of Napoleon—Part XIX
     

    Aadhaar: Turning citizens into subjects through social control technology companies –PartXX

     

    (Gopal Krishna is member of Citizens Forum for Civil Liberties (CFCL), which is campaigning against surveillance technologies since 2010)

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    COMMENTS

    sonia

    6 years ago

    In this context, let’s examine an excerpt from Kuldip Nayar’s autobiography, ‘Beyond the Lines’:
    ‘I recalled that Kamal Nath had during the Emergency given me the manuscript of a book arguing along the same lines (as Sanjay Gandhi) and detailing the machinery such a government would establish to rule with the help of police and some selected bureaucrats.
    In the scheme of Sanjay’s (authoritarian) rule, there was no Congress leader of eminence and experience. Anyone who wanted to be part of the form of governance he was contemplating had to believe in a state completely devoid of fundamental rights, freedom of speech and expression. The judiciary would have to function accordingly.’
    Sanjay Gandhi may be dead but his huge army of friends, relatives, fans, sponsors, advisors and workers, however, are not. They hold today the most influential of positions. Had those responsible for 1975 been brought to book, there would have been no 1984. Had all those responsible for 1984 been brought to book, there would have been no 2002, nor the many, many other massacres we have been, and still are, witness to of innocent people and of democratic institutions. This hitlerian agenda needs to be exposed and stopped. And all the guilty punished. How can we allow such people to put all the citizens of India under their 24 hour scrutiny – down to the tiniest details such as our movements, our iris and fingerprints? Suicidal! Simply suicidal!

    MOHAN

    6 years ago



    In Kerala Aadhar lnked LPG connection will definitely be a big election issue and the Congress will bite dust solely on its flawed policy on Aadhar. They will lose all the 20 Lok Sabha seats from Kerala.

    Sharad V

    6 years ago

    Dear Mr. Krishna,

    1. Very high on rhetoric...felt like some political spokesperson making tall claims in a TV studio....
    2. Did Delhi electorate or others vote only for (or against) this idea? No. Congress got routed because corruption was driving choices in this election...
    3. You were repetitive..on many counts.
    4. Such 'Agenda' driven stuff must not veer from rational and logical route....to have any impact....else!

    Mukesh kamath

    6 years ago

    Kejriwal supports aadhaar as he is an IIT graduate and knows which birds name is technology unlike commerce graduates writing this article.

    REPLY

    mediavigil

    In Reply to Mukesh kamath 6 years ago

    should aadhhar be supported simply to underline the nepotism of IITians...like the nepotism of Stephanisns witnessed in the current Congress govt...Goa CM is an IITian...Kerala's leader of opposition, one of the senior most politicians in the country has called for its scrapping of aadhaar...if someone is a student of technology or commerce or another subject, is it rational to allow the subject consider those students hostage of their disciplines...isn't this opposite of what's called out of box thinking....will anyone share case studies of success of identification technologies if it has not failed...has it succeed it Pakistan?

    Jain Thomas

    6 years ago

    who told you its a failure? Did you do any studies regarding the aadhaar project? The people against this programme really worried about their current corrupt practises. They can't continue their corruption if the aadhaar implemented in governance.

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