A nation to implement proper administrative policies requires an efficient administrative body.
Any policy measures or steps taken by the government without having a proper implementing authority and updated machineries would lead to not just the failure of the policy but also to a disastrous end for the government, public and the nation. The duty of state have increased with the adaption of welfare socialistic democratic behaviour of the state. The government is for the people by the people to the people. One of such policies which have been implemented before having just fair and reasonable system and machineries is the implementation of Aadhar and they have proved to be a malicious implementation with great distrust and opposition from the public at large. Though the benefits are immense for the government the threats are unimaginable and life threatening. Aadhar card is a 12 digit identification number issued by the Unique Identification Authority of India (UIDAI) on behalf of the government of India. This number, also known as Unique Identity Number (UID), is linked with various details such as demographic and biometric details. Any individual, of any age and gender, who is a resident of India, may by its own will and choice enrol to obtain Aadhaar number.
Aadhaar card comprises of some important features such as name of the individual, Father/Mother’s name, Date of Birth, Sex, address of the individual and biometric features such as photograph, fingerprints and iris (eye) details. Issues have arose that non aadhar holders are denied certain benefits from the government agencies for which they are otherwise eligible. Apart from the issues with the establishment of adhaar various new things catering to the society has cropped up allowed the government to directly transfer social benefits to the person under various schemes, people who have been socially excluded now by having a aadhar can access various social benefits too. There has been a wide controversy on adhaar in relation to hampering or violation of right to privacy of the individual for the simple reason for not having any formal statute or legislation. The UIDAI is also not responsible to the parliament if there is a failure in the system.
There are so many private people who have engaged themselves in issuing adhaar even before the data base goes to the CIDR. The threat to right to privacy was that the UIDAI can share the biometric information of the citizens with other government agencies .It was also assumed that by usage of biometric data ,individuals can be tracked, harassed etc. The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016 was passed by the Lok Sabha ?. Subsequently the Bill was returned by the Rajya Sabha with five key amendments, but these were not taken into consideration and therefore Lok sabha passed it as a Money Bill. The Aadhaar bill basically plans to use the identification number issued by the Unique Identification Authority of India (UIDAI) to provide subsidies of the state directly to the beneficiaries. The government has now made obligatory for every citizen of india to have an aadhar card and also provided a precondition of providing services or social benefits after fulfilment for the same this condition was not mandatory earlier when the Aadhar bill of 2016 was passed.SCOPE OF AADHARThe government of India has attached the Aadhar card with various schemes and services provided, like subsidies for cooking gas, scholarship for schools, passports, bank accounts under the scheme of Prandhan Mantri Jan Dhan Yojana(PMJDY), provident funds account, pensions, driving license, insurance policies, waiving loans, ATM Cash Transaction, reservation of railways, for PAN (Permanent Account Number) card, and income tax returns, mobile sim etc.
The recent news suggested that even UGC (University Grants Commission) has made it mandatory for the universities to include photograph and Aadhar number on the mark sheet as well as on the certificates. The reason being to improve consistency and transparency. The question as to whether the polices and schemes have caused an hindrance and violated the right to privacy of the citizens will have to be compared with its beneficiary impacts and prevention of corruption and other malpractices from the public before judging the nature of the scheme. After all greater good is widely accepted principle in law of land. For this purpose we have divided various schemes of mandatory aadhar linking which may have direct and indirect effect on the lifestyle of public, according to which,:a) Indian railwaysIndia railway is the only public sector in India which so far does not have the involvement of any private sector participation. As a matter of fact the government is trying to improvise its service technology.
The place where the individual had to go to the railways counters and wait for hours for any mode of support like reservation, enquiry, booking can now be done with one touch through the introduction of technologies such as Indian railways tourism and corporation ltd (IRTC). Through this app the public can book the tickets by sitting at home via online procedures. The most important concer via filling up the form for reservation of the ticket the individual is to fill up details like name, address, date of birth, mobile number, email id etc and then the person can either get a print out of the same or getting an sms for the same too. But the most glaring factor of an hour is anyone can misuse this type of facility they can misuse the mobile number of the person for fraudently travelling free of cost how would a person be identified in this manner so the government has basically now taken an initiative to provide the aadhaar number which on the trial basis for 3 months and also show the aadhar to the concerned checking authority along with the sms received. But this is not enough to prevent the fraudent acts of the individuals for more security some of the more initiatives would be taken on the platform by the government for the same.In a way it can be concluded that for the security of the nation linking is necessary but what about those who are not residents of India. In the end Aadhar represents a unique Identification Card for the residents or citizens thus foreigners who visits India would not be able to travel through train. And it has been said that a travel in the luxury trains in India like Royal Rajasthan on Wheel, Palace on Wheels etc.
, this can have an adverse effect on our tourism sector.b) Bank AccountsWe all know that the provisions for mandatory aadhar and linking was implemented recently. In the present scenario where the government has made it compulsory for all the individuals to link these aadhar number with their bank account not linked accounts holders and accounts are treated not existing. Indeed this is done to curb the black money conversions in the binami names and to crub the opening infinite number of accounts by a single person in the same bank with the purpose of depositing of large amount of cash. Now the most glaring factor is from where the money is coming the business does not give so much of returns so by assumption it is a black money or the person is involved in some illegal business.
So to curb such fraudulent acts of the people the linking of aadhar will allow the government to inquire into the occupation of the person to know how much returns the person is getting and also will help to know the number of accounts of the person which he/she has opened in various other banks.c) Liquefied Petroleum Gas Distributing Agencies:Earlier we know that linking of aadhar was not mandatory to obtain subsidies by the citizens but government in the recent scenario has made it compulsory to provide incentives on cooking gas for the household. And for this reason in order to obtain this linking of aadhar is an important criteria and the procedure for providing subsidies would directly go into the banks of the concerned person in their account which would lead to less practice of fraudulent means.
d) Public Distribution System (PDS) PDS was implemented in India in 1965 for people responsible for low cost food distribution. In 1997, the PDS system was abolished, and the population was classified into APL (Above Poverty Line) and BPL (Below Poverty Line) for distribution of food supplies. Where the people who fall under the BPL cadre have the access to PDS. Since 2015, with mandatory linking of Aadhaar card, it is expected to have better classification on the basis of economic status as mentioned in our constitution. It had been a great help for curbing the invasion of Rice Mafia. Even though it has been an effective measure by the government unless the administrative body is proper it cannot be as efficient as it was aimed to be.e) Foreign TravelAirports Authority of India (AAI) is expected to implement DIGI YATRA in Kolkata, Ahmedabad and Vijayawada.
According to this scheme the entry of passengers will be through biometrics identification, it is said to improve the security and border procedure. These three steps would exclude the need to show paper ID cards, paper tickets and boarding cards. According to Civil Aviation Minister Jayant Sinha and Guruprasad Mohapatra Chairman of AAI have provided an alternate entry for non aadhaar passengers.f) Mobile NumberPublic would require to show identification proof for getting a sim.
But even so a person can get access to sim using any other persons ID proof as well. This would lead to confusion and misunderstanding in the telecom front while reporting any legal issues. The matter becomes serious when they indulge in impersonation, misuse, fraud and illegal business.
Thus, linking with mobile numbers would be beneficial to track the true identity and mishaps happening. Then again the serious encroachment to the privacy of a person and misuse of the same cannot be forgotten. Even now there are many people who haven’t linked their mobile number with adhaarPROTECTION OF DATA AND RIGHT TO PRIVACYMany aadhar card holders feel that the compulsory linking is a violation to their Privacy. Due to this there have been several controversies and PILs against the implementation. Some of the widely discussed threats are as follows:1. MISUSE OF DETAILSFor getting an aadhar you are required to provide minimum two identification proof which includes residential proof and give iris finger and other marks.
As aadhar makes it obligatory for Indians to link these already provided proofs and finger prints etc, linking it with other services would mean the unlimited access to the government for a person’s complete details. This can lead to serious misuse when lost, hacked and accessed by any private individuals and by the government. 2.
DATA LOSSLeakages of aadhar card details of about 14 lakh pensioner has brought the focus of the people therefore admitting the lack of awareness with regard to the information technology act the director has made a point and therefore implemented to circulate the copies of all it related acts to various department of the government thereby protecting the details and right of the citizens.3. MALPRACTICES4. CYBER CRIMES5.
LACK OF AWARENESS There are many cases where the security threats are due to the lack of awareness in the people. It has been observed by the UIDAI that there are various e-commerce websites who are charging to print Aadhaar card on a plastic. In fact some entities states that Aadhaar printed on the plastic card are said to be ‘Smart Card’.
However, UIDAI has stated that “There is no such concept called Smart Card, and Aadhaar data printed on a normal sheet of paper is enough as a proof.” It cautioned the Government as the websites may not be only interested in this scheme but the sensitive data in the hands of the e-commerce website can be misused. Therefore UIDAI warned several e-commerce websites like E-Bay, Flipkart, Amazon etc. that printing Aadhaar card on the plastic card and charging for it is a punishable offence, and the e-commerce firms are liable to pay for it and may lead to imprisonment too under the IPC (Indian Penal Code), and also under Chapter VI of Aadhaar Act (Aadhaar Act 2016) which states that “The Authority shall take all necessary measures to ensure that the information in the possession or control of the Authority, including information stored in the CIDR (Central Identities Data Repository), is secured and protected against access, use or disclosure not permitted under this Act or regulations made there under, and against accidental or intentional destruction, loss or damage”. According to UIDAI the Play store requiring Aadhar verification for applications violated Aadhaar act 2016. UIDAI stated that the owners without the permission of UIDAI, were giving the services like downloading Aadhaar card, generating Aadhaar status like service which led them get the access to user’s data and enrolment number. It is also to be noticed that UIDAI has not authorised any of these firms to extend any Aadhaar related services. Therefore UIDAI asked the Google play store to shut down all those application.
Further a warning was also given to stop using the Aadhaar logo in any of the application, which is again illegal according to the Aadhaar Act and Copyright Act. 6. LACK OF AWARENESS DUE TO ILLITERACYE-commerce sites which are charging a high amount to print the aadhar card in the same manner by giving shape of the smart card have been noted by the authorities, the amount charged by these e-commerce sites vary between Rs 50-200. Though the authority has stated that there is no such concept of smart card and having printed paper of aadhar would suffice to treat it as proof by the government of india .
And has also warned various these site to stop such acts and made it punishable under Indian penal code.CASE LAWSTwo Constitutional Bench judgmentsSharma (1954), an eight-judge bench decision, and Kharak Singh (1962), a six-judge bench judgment which held that the Right to Privacy was not a fundamental right. Was finally overruled in 2017 (retd Judge) Puttaswamy Vs. Union of India.
In M.P. Sharma (8 judges) and in Kharak Singh (6 judges) had held that there was no fundamental right to privacy under the Indian Constitution.The decision in the the case of M.P Sharma and kharak singh which clearly mentioned that right to privacy is not protected by the constitution stands overruled.The Court’s rejection of Kharak Singh was based on that the judgment was internally contradictory, because the Court could not have struck down domiciliary visits on any other ground but that of privacy so even this particular case was struck down and gave importance to right to privacy.The right to privacy was again protected as the most important part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.
In Govind vs. State of Madhya Pradesh (1975), the Supreme Court held that “many of the fundamental rights of citizens can be described as contributing to the Right to Privacy”. The approach to interpretation of fundamental rights had undergone a serious fundamental change. The scope of article 21 of Constitution was expanded through the later judgments.
Therefore in Govind the Bench cleared thr basic concern with the Right to Privacy as not an absolute right and must be subject to restriction on the basis of compelling public interest .In Maneka Gandhi (1978), the SC held that any law and procedure authorizing interference with personal liberty and Right of Privacy must also be right, just, and fair, and not arbitrary, fanciful, or oppressive.” In R Rajagopal vs State of Tamil Nadu (1994), Supreme Court held that the Right to Privacy is implicit in, the right to life and liberty guaranteed by Article 21. A citizen has a right to safeguard the privacy of his own, his family, marriage, procreation, motherhood, child-bearing and education among other matters. From these rulings, it can be inferred that though the Constitution does not specify ‘right to privacy’ as a fundamental right, but the subject has evolved considerably in India, and privacy is now seen as an ingredient of personal libertyPUTHASWAMY CASEThe case came into picture because the government had made it compulsory for every citizen of the country to have an aadhar card and also had to be linked with various services of the government as mentioned earlier.In the year 2012 retired justice k.
s puthaswamy filed a petition in the Supreme Court challenging the constitutionality of aadhar on the grounds that it violates right to privacy. Therefore the government argued that on the unanimous decision given by eight judge bench in the case of M.P. Sharma v. Satish Chandra (1954 SCR 1077) and also in the case of Kharak Singh v. State of Uttar Pradesh (1964 1 SCR 332) stated that there was no constitutional right to privacy. On 11th august 2015 a three judge Bench of the Court ordered that the matter should be referred to a larger Bench of the Court.
On 18 July 2017, a five judge Constitution Bench ordered the matter to be heard by a nine judge Bench. While it awaited clarification on the right to privacy, the bench hearing the constitutional challenge to Aadhaar passed an interim order restricting compulsory linking of Aadhaar for benefits delivery.