[So, that's an admission that it's an act of intrusion of privacy of the
entire populace on the plea that it *may* curb tax evasion.

Every individual is considered and treated as a potential criminal.

《Mr. Mehta said the court was right in thinking why the government should
"intrude into the privacy of the entire population merely to weed out a few
crores...but when tax evasions amount to ₹33, 000 crore, it is a serious
problem which Aadhaar linkage may curb".
Mr. Mehta said the government was conscious of the criticism that the
entire population was stigmatised as tax evaders and money launderers, but
as a Welfare State, the "gravity of public concern" against corruption,
black money and money laundering also had to be taken into consideration.》]

http://www.thehindu.com/news/national/we-want-to-link-aadhaar-not-because-we-see-people-as-criminals-but-to-protect-them-from-crime-uidai/article23503114.ece

We want to link Aadhaar not because we see people as criminals, but to
protect them from crime: UIDAI

Krishnadas Rajagopal NEW DELHI,  APRIL 11, 2018 16:54 IST

UPDATED: APRIL 11, 2018 18:47 IST

An Aadhar card on display. File


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Additional Solicitor General Tushar Mehta says provisions like Section
139AA of Income Tax Act, which mandates linking of Aadhaar with PAN, is an
effort to "bridge the growing gap between the rich and the poor".
The UIDAI (Unique Identification Authority of India) wants to link Aadhaar
not because it sees people as criminals but because it wants to protect
them from crime.

This is how the UIDAI countered before a Supreme Court Constitution Bench
led by Chief Justice of India Dipak Misra the allegation raised by
petitioners, and later taken up by the court, that insistence of Aadhaar
for all stigmatises the entire population and creates a feeling among
people that all are under the government's scanner for financial frauds,
terrorism and tax evasion.

"We travel by air and all passengers are frisked. This does not mean that
all of us are hijackers. It is to done to protect us from hijacking,"
Additional Solicitor General Tushar Mehta said.

ALSO READ
Aadhaar-PAN link doesn’t vitiate privacy: UIDAI


But Justice A.K. Sikri countered that frisking is done only on those who
"choose to travel". "You cannot compare it with the Aadhaar situation where
128 crore people are mandatorily asked to link their mobile SIMs, bank
accounts and PAN cards with their Aadhaar cards," he said.

To this, Mr. Mehta replied that he only wanted to convey to the court that
"when a measure is uniformly applied, it does not mean that everyone is
guilty... administrative measures does mean individualised suspicion. There
is no presumption of guilt on everyone."

Level of intrusion
Justice Chandrachud questioned the "proportionality" of subjecting the
entire population to the "level of intrusion" caused by Aadhaar linkage.

He said such levels of intrusion may be justified in combating terrorism or
in a case of national security, but should the public be subjected to such
intrusion of their privacy only to prevent any chances of tax evasion.

ALSO READ
 Shiv Pratap Shukla
‘Only about 50% of PAN cards linked to Aadhaar’


Mr. Mehta said the court was right in thinking why the government should
"intrude into the privacy of the entire population merely to weed out a few
crores...but when tax evasions amount to ₹33, 000 crore, it is a serious
problem which Aadhaar linkage may curb".

Mr. Mehta said the government was conscious of the criticism that the
entire population was stigmatised as tax evaders and money launderers, but
as a Welfare State, the "gravity of public concern" against corruption,
black money and money laundering also had to be taken into consideration.

Mr. Mehta said provisions like Section 139AA of the Income Tax Act, which
mandated the linking of Aadhaar with PAN, was an effort to "bridge the
growing gap between the rich and the poor".

The provision, upheld by the Supreme Court, ensured that the Welfare State
had enough resources to offer all an opportunity for economic and social
equality.

-- 
Peace Is Doable

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