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PIL challenges Govt Order making 'Aadhar mandatory'
2/13/2016 11:10:50 PM
Early Times Report
Srinagar, Feb 13: A Public Interest Litigation (PIL) has been filed in J&K High court, seeking directions to quash February 10 order by government, making Aadhar a prerequisite for employees to get salary and pensioners and others to get legal entitlements.
The PIL has been filed by two persons, Syed Musaib and Gulbaddin Ahmad Mir, and they have challenging the 'arbitrary, capricious and unlawful' order of the government.
"The government has made the procurement of Aadhar card mandatory for claiming essential legal entitlements, which is in clear contravention of the order of the Supreme Court," petitioners said.
The UIDAI (Unique Identification Authority of India) a central government agency of India was established in 2009 after the Planning Commission of India issued a notification. UIDAI's basic objective was to collect the biometric and demographic data of residents, store them in a centralized database, and issue a 12-digit unique identity number called Aadhaar.
"The Supreme Court passed an interim order saying that the government cannot deny a service to anyone who does not possess Aadhaar, as it is voluntary," petitioners said.
"In February last year, the Supreme Court asked the new government to clarify its stance on the Aadhar project, they added.
Meanwhile the Apex Court directed the government to widely publicize in print and electronic media that Aadhaar is not mandatory for any welfare scheme. The Court also referred the petitions claiming Aadhaar scheme being unconstitutional, to a Constitutional Bench for deciding the issue of Right of Privacy, whether it form part of fundamental rights or not.
Pertinently on 10 February 2016 the government issued the order saying that Government Employees, Pensioners and various other people who are drawing their legal entitlements from the government have to get themselves enrolled in Aadhaar system to be able to draw their entitlements.
The petitioners filed a PIL to seek direction quashing and setting aside the Government order no: 35-F of 2016, dated 10/02/2016 and direction that Aadhar card should not be made mandatory for any benefits otherwise due to a citizen.
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