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Aadhaar Invasion


The Central Government’s obsession to make Aadhaar mandatory in almost all aspects – benefits ad taxes of individual citizen’s life is affront to individual’s right to privacy. There are ways to ensure benefits to citizens and tax compliance. Expecting every citizen to part with personal information comes in directly conflict with fundamental rights enshrined in the Constitution of India. As expected many enlightened citizens filed PILs in Supreme Court for its intervention. There are reports about leak of Aadhaar information and recent report 13.5 crores of data is compromised through government departments as Benguluru Internet Think Tank Centre for internet and society. During arguments in Supreme Court, one of the bizarre statements made by the government through its AG Mukul Rohtagi that “Citizens don’t have absolute right over their body. He further contended “If such right exists then committing suicide would have been permitted and people would have been allowed to do whatever they wanted to do with their bodies. The right not to have bodily intrusion is not absolute and life of person can also be taken away by following due procedure of law”. Mercifully Supreme Court told AG Rohtagi that the examples given are inappropriate. In a democratic country with constitutionally guaranteed fundamental rights, the Government is making such a statement in front of highest court of India is reprehensible.

One of the petitioner before the SC put it “The Aadhaar act is as much as it foists a Faustian bargain on citizens and residents is unconstitutional and deeply flawed as its very foundation”. Making Aadhaar mandatory for every citizen helps Government to control and manipulate the lives of its citizens. We can recall George Orwell’s “Big brother is watching everything”. Ultimately it boils down to one question “whether the right to privacy fundamental right or not”? Putting restrictions on such right be vested with Government? Aadhaar is one example of good intentions of proper targeting of subsidies given by the Central Government to marginalized and needy. From such intentions it is used as state’s instrument to control individuals’ private details.

The passage of Aadhaar Bill 2016 as a money bill is travesty of all Parliamentary democratic norms. Fundamental duty of any government is to ensure individual citizens welfare, safety and Happiness. Why Governments try to control its own subjects is mute question? We all knew how Government and its officials misuse their power and with such kind of data base government can cripple individual rights and muzzle their voice. It can lead to totalitarian regime. Even though present Government is rightist but it has intentions to control citizens. Why don’t they listen to the sane voices? There should be extensive public debate on such a sensitive issue and this need to be discussed at various forums thoroughly. Having brute majority in parliament doesn’t bestow legitimacy to government to pass such thought less bills. Government’s contention that linking PAN with Aadhaar and making it compulsory for tax returns to ensure tax compliance is an insult to honest tax payers. There may be black sheep and it doesn’t warrant such kind of an action. Government has many ways and means to come heavily on tax evaders. Let’s jealously guard our fundamental right to have our own privacy.

Subramanyam Degala

Professor at International School of Business & Media

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