Aadhaar Voluntary... Mandatory

Centre incorporates subtle changes in Bill to make it appear it was not imposing it on you

When Finance Minister Arun Jaitley told Parliament last week privacy is not an absolute right, during the debate on the Aadhaar, he was trying to push a legislation that camouflaged several clauses to present it as a money Bill. The Union Govt also tried to misinform the beneficiary for whom it claims to have authored the piece of legislation by saying that enrolment under Aadhaar is optional and not mandatory. Yatish Yadav examines it threadbare.

Privacy Invaded

Here’s what a section in Clause 57 says: “Nothing contained in this Act shall prevent the use of Aadhaar number for establishing the identity of an individual for any purpose, whether by the state or anybody, corporate or person, pursuant to any law, for the time being in force, or any contract to this effect.”

read the fine print

Here’s how the Union Govt pulled a fast one by claiming Aadhaar is optional in the Bill’s Clause 3 but added Clause 7 to take away the choice

• Clause 3 says, every resident has the right to obtain an Aadhaar number by submitting his demographic and biometric information
• Clause 7 says, proof of Aadhaar number necessary for receipt of certain subsidies, benefits and services, etc
• Can anyone bypass Aadhaar to get subsidies? No. Marginal note in Clause 7 reads: “Proof of Aadhaar number necessary for receipt of certain subsidies benefits and services etc”
• Clause 2 (C) (n) says: “Identity information” includes Aadhaar no, biometric, demographic info
• Clause 33 paves the way to use Aadhaar for purposes other than providing services and benefits
• Sub-section 2 of Clause 33 empowers a joint secretary-level officer, authorised by the government, to disclose the information in the interest of national security