I/IV. http://mlife.mtsindia.in/news_details.jsp?pid=195506
Aadhar not mandatory for availing benefits: SC 16th Mar, 2015 03:10 PM NEW DELHI: ***Supreme Court on Monday reiterated its stand that Aadhar cards will not be mandatory for availing government benefits including subsidies.*** [Emphasis added.] The top court asked the Centre to follow its 2013 order on the issue. The apex court had in October 2013 refused to make Aadhar card compulsory for availing social benefits, turning down Centre's request on the issue. II/IV. Aadhaar not mandatory, SC reiterates Mar 16, 2015 07:17 PM , By Krishnadas Rajagopal Though Aadhaar number is not mandatory, several government and PSU organisation ask for it to avail their services. Photo: B. Jothi Ramalingam "No person should be denied any benefits or "suffer" for not having Aadhaar cards, issued by Unique Identification Authority of India (UIDAI)." ***Clearing all doubts about the validity of Aadhaar card to avail of government subsidies, the Supreme Court on Monday confirmed that the Aadhar card is not compulsory, and further, officials who insist on them will be taken to task.*** [Emphasis added.] A fuming Supreme Court issued a stern warning to the government on learning that many government authorities still insist on Aadhaar for providing government subsidies and basic services to ordinary citizens. A Bench of Justices J. Chelameswar, S.A. Bobde and C. Nagappan clarified that demands made by officials for Aadhaar card is in clear violation of the Supreme Court's interim order of September 23, 2013. In the 2013 order, the apex court had directed that "no person should suffer for not getting the Aadhaar card, inspite of the fact that some authority had issued a circular making it mandatory". The court's summary dismissal of Aadhaar card's validity comes at a time when over 750 million Aadhar numbers have already been generated. "Aadhaar is being insisted upon by various authorities. We do not want to go into specific instances. We expect the Union of India and all the States to adhere to the order dated September 23, 2013. We will take the officers concerned to task if any order comes on record making it (Aadhaar) mandatory," Justice Chelameswar observed. The court was hearing a batch of petitions challenging the Aadhaar scheme as an encroachment into the public's right to privacy. "It is a matter of great public importance. The issue has serious implication in terms of Constitution. Notwithstanding the court's order, there is insistence for Aadhaar. There is complete apathy on the part of officials," senior advocate Gopal Subramanium, representing one of the petitioners and Bangalore-resident, Mathew Thomas, submitted. As an example, he referred to NCT government's notification on March 9, 2015, insisting that couples require Aadhaar cards to get their marriage registered under the Special Marriage Act. In fact, senior advocate Anil Divan pointed out that the Bombay High Court Registrar had recently received an official communication asking him to make Aadhar mandatory for disbursal of salary to staff and even judges. "You better advise the States, if the officials insist, it would have consequences. We will take them to task. This is absolutely not right," Justice Chelameswar observed. Mr. Subramanium argued that collection of personal data of residents of India under the Aadhaar scheme is not exactly a government activity, but outsourced to private contractors. "On the surface it (Aadhaar) is a simple document of identity, but it has linkages by means of iris scans and biometric details. God forbid if identities are exchanged or mistaken. the Executive's scheme involves private partners. Who are these private partners?" Mr. Subramanium submitted. Submitting how the ordinary man is now prone to the perils of identity fraud, Mr. Subramanium said the "Sovereign State also has the duty to protect its citizens, to protect his identity, his personal information against possible misuse". III/IV. http://www.ndtv.com/india-news/supreme-court-asks-centre-states-not-to-insist-on-aadhar-card-747083 Supreme Court Asks Centre, States, Not to Insist on Aadhar Card NEW DELHI: ***The Supreme Court today directed the Centre and states to stick to its earlier order and not insist on Aadhar card for granting social security benefits to citizens. The court had issued an order to that effect nearly two years ago, in September 2013.*** "In certain quarters, Aadhar cards are being insisted on by various authorities. We don't want to go into specific instances," the court said while hearing an appeal to curb the practice. Appearing for one of the petitioners, former Solicitor General Gopal Subramanian said even for registration of marriage, the Delhi government insists on Aadhar cards. The Centre, represented by the Solicitor General Ranjit Kumar, told the court that it was the responsibility of the states to comply with the order, but they were not following it. Criticising the Centre, the bench comprising Justice J Chelameswar, Justice SA Bobde and Justice C Nagappan, said, "It is your duty to ensure our orders are followed. You can't say states are not following our order". "Since the Centre and all the states are represented we expect all to scrupulously adhere to our order dated 23 Sept 2013," the court said, posting the matter for hearing on the second week of July. The Aadhar number, rolled out by the Unique Identification Authority, has become essential for every government service. From availing ration cards to bank accounts, voter ID cards and even LPG subsidy - the number is a must in most states. In September 2013, the Supreme Court had ruled that the card cannot be a prerequisite for public services. Last year, in March, the court had asked the government why the Aadhar card was still being treated as mandatory for citizens who want to get their marriages or property registered, or receive a gas connection. IV. http://www.dnaindia.com/india/report-no-person-should-suffer-for-not-having-aadhaar-cards-supreme-court-to-centre-2069350 No person should 'suffer' for not having Aadhaar cards: Supreme Court to Centre Monday, 16 March 2015 - 7:15pm IST | Place: New Delhi | Agency: PTI At the outset, senior advocate Gopal Subramaniam, who appeared for one of the petitioners, said that despite the court order, authorities are insisting upon Aadhaar cards for the purposes of lease deed and marriage registrations and it is a matter of "serious concern". The Supreme Court on Monday asked the Centre and all the states to "adhere to" its earlier order that no person should be denied any benefits or "suffer" for not having Aadhaar cards, issued by Unique Identification Authority of India (UIDAI). "In the meantime, it has been brought to the notice that the Aadhaar identification (card) is being insisted upon by various authorities. We are not going into the specific instances... "We expect that the Union of India (UOI) and states and all their functionaries shall adhere to the order dated September 23, 2013," a three-judge bench headed by Justice Chelameswar said. The bench had earlier said, "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...". At the outset, senior advocate Gopal Subramaniam, who appeared for one of the petitioners, said that despite the court order, authorities are insisting upon Aadhaar cards for the purposes of lease deed and marriage registrations and it is a matter of "serious concern". "Instances have come to our notice also," the bench, also comprising justices S A Bobde and C Nagappan, said and asked Solicitor General (SG) Ranjit Kumar, appearing for the Centre, to ensure that authorities adhere to its earlier order. "There is no excuse for you (SG)," it said. The SG responded by saying that the Centre will be writing to all the Chief Secretaries of states in this regard. The Solicitor General later told the court that as all the states are party, they can be asked to ensure that the order is followed and their officials like District Magistrates are informed about it. During the hearing, the bench said that even judges of the Bombay High Court, as per a circular, were told to provide Aadhaar number to authorities. However, one of the lawyers said that that issue is now over. The bench, hearing a batch of pleas against decisions of some states to make Aadhaar cards compulsory for a range of activities including salary, PF disbursals and marriage and property registrations, has now posted the matters for final hearing in the second week of July. The court today also told Subramaniam that he can file an interim plea alleging violation of the order by citing a specific case. "The general order of this nature will not do" and "we will deal with particular case to ensure compliance", it said. Earlier, the court had said Aadhaar will not be mandatory and a person, who does not have Aadhaar, should not suffer in availing of government benefits and services like gas connections, vehicle registration, scholarships, marriage registration and provident fund. It had asked the Centre not to issue Aadhaar cards to illegal immigrants as it would legitimise their stay. "The scheme is complete infraction of Fundamental Rights under Articles 14 (right to equality) and 21 (right to life and liberty). The government claims that the scheme is voluntary but it is not so. "Aadhaar is being made mandatory for purposes like registration of marriages and others. Maharashtra government has recently said no marriage will be registered if parties don't have Aadhaar cards," senior advocate Anil Divan, arguing for Justice (retd) K S Puttaswamy, former judge of Karnataka High Court who has filed one of the PILs, said. Justice Puttaswamy, in his PIL, has also sought a stay on the implementation of the scheme. Making Aadhaar mandatory for various purposes raises questions over the government's authority to implement such types of the scheme, the plea had said, adding it also highlighted "the perils of the manner of its implementation". The Centre had said the consent of an individual was indispensable for Aadhaar and it has been launched to "promote inclusion and benefits of the marginalised sections of the society that has no formal identity proof." -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. 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