Successive Indian governments have been playing with the civil liberties of Indians piece by piece and this process has reached a stage where it is no more possible to maintain a silence. Although there are many e-surveillance projects that are running in India without any parliamentary oversight and judicial review yet this post and petition pertains to one of the most endemic e-surveillance tool of Indian government known as Aadhaar.
Indian government is so committed to this e-surveillance tool that it has been not only committing contempt of court by making Aadhaar mandatory but also argued before the Supreme Court that there is no fundamental right to privacy in India. The government did not stop here and has made Aadhaar part of its Digital India project that is suffering from various shortcomings.
For reasons best known to the Supreme Court, it has failed to take any action against the central government, state governments and union territories that are openly insisting upon Aadhaar for availing public services. Surprisingly, the Supreme Court feels that it needs to have clear evidence in order to initiate contempt action against these governments. Fortunately, the Supreme Court has maintained so far that Aadhaar cannot be made mandatory for availing public services but this stand is of no practical use as today almost all services are Aadhaar based.
The latest Supreme Court’s Order On Aadhaar 11-08-2015 (PDF) has further strengthened the fight against illegal Aadhaar project as it has not only reiterated that Aadhaar is optional for government schemes and projects but has also limited its usage for selective few purposes alone. Even for those limited purposes, Aadhaar is optional and is not mandatory. Perry4Law Organisation (P4LO) would provide the interpretation of that order of Supreme Court in a separate post.
This online petition has been created by Praveen Dalal in order to gather reliable and legally admissible evidence so that contempt action can be taken against the central government, state government, union territories, government departments, etc. This petition intends to be a database of all information and materials showing and proving that Aadhaar has been made mandatory by central government/state governments/union territories/government departments.
This online petition would be filed along with the paper petition that he intends to send to the Supreme Court so that Aadhaar can be declared to be unconstitutional by the Supreme Court with all facts, evidence and documents.
Viewers and readers of this petition are most welcome to add their own responses, experiences and views to the same citing situations where they were asked for Aadhaar while availing any public service in India.
Please note that this petition is not about the desirability or non desirability about Aadhaar project but about cases, situations and circumstances where citizens/residents of India were discriminated against by central government, state governments, union territories, government departments, etc for not providing the aadhaar number/card. The illegality and unconstitutionality of Aadhaar project would be discussed separately while filing the paper petition to the Supreme Court of India.
Aadhaar Related Articles And Documents
(1) Unique Identification Authority Of India And Anr. v. Central Bureau Of Investigation, SLP (Cr) No(s).2524/2014 (PDF)- Supreme Court’s Order Declaring Aadhaar As Not Mandatory For Government Services. Latest Supreme Court’s Order On Aadhaar 11-08-2015 (PDF).