Aadhaar Violations


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Prime Minister Narendra Modi was in Patna on October 14 to address the students at Patna University. Responding to this occasion, Registrar of Patna University (P.U.) issued an “Urgent Notice” by the order of Vice Chancellor on the subject ““Instructions for Identity Card of students”. This order dated 10 October, 2017 reads students “who wish to attend Patna University Centenary Celebration to be addressed by Hon’ble Prime Minister are directed to go on the P.U. website www.patnauniversity.ac.in & download their format of Identity Card by entering their Aadhaar Card number on the dates assigned.” It further reads: “They are directed to come to the Wheeler Senate House alongwith the Aadhaar Card, Identity Card of Department/College….” This order is in violation of the Hon’ble Supreme Court’s orders in Writ Petition (Civil) No.494 of 2012 and the provisions of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.

As per the order of Supreme Court’s 5-Judge Constitution Bench dated 15 October 2015, Aadhaar cannot be made mandatory for any purpose. This has been reiterated by the Court in subsequent orders of 14 September 2016 and on 9th June and 27th June, 2017.

UID/Aadhaar cannot be made compulsory because of orders of the Supreme Court. Aadhaar Act 2016 does not make UID/Aadhaar compulsory. CIDR of UID/Aadhaar numbers is not a verified or audited database, neither the UIDAI nor any other government authority certify it as a proof of identity, address, resident status or even the existence of any person. It is germane to note that this August 11, 2015 order of a three-judge bench of Justices Chelameswar, S.A. Bobde and Nagappan observed, “The Union of India shall give wide publicity in the electronic and print media including radio and television networks that it is not mandatory for a citizen to obtain an Aadhaar card; The production of an Aadhaar card will not be condition for obtaining any benefits otherwise due to a citizen”.