Wednesday, June 30, 2010

The Proposed Bill By UIDAI And Aadhar Project Would Not Protect Civil Liberties

Gunjan Singh

A constitutional analysis of the proposed National Identification Authority of India Bill 2010 (Bill) by Praveen Dalal claims that both the UIDAI and Aadhar project of India are far from being constitutional.

The proposed Bill fails to provide safeguards regarding violation of civil liberties of Indians and it incorporated many verbatim provisions of cyber law of India, i.e. information technology act 2000.

The main objective of the Bill is to streamline the administrative aspects of Aadhar project and UIDAI. Till now both Aadhar project and UIDAI are not supported by any legal framework.

In fact, the Bill would take many months/years to become final and enforceable law. Till the Bill becomes an enforceable law, no legal sanction can be attributed to it.

In short, as on the date of writing of this article and many subsequent months, both UIDAI and Aadhar project of India would be spending hard earned public money without any statutory right to do so.

Needless to mention is that this expenditure would be primarily incurred for the purpose of violating civil liberties of Indians. It seems to be “double jeopardy” to me.