Government Invades Privacy Under Money Bill
By Yatish Yadav
Published: 20th Mar 2016 08:18:33 AM
NEW DELHI: When Finance Minister Arun Jaitley told Parliament last week that privacy is not an absolute right during a debate on Aadhaar Bill, he was expressing the hidden intention of the government that camouflaged several vexed clauses in the Bill to present it as a money bill. The question is not that the government misled the nation on issues of privacy, but it also tried to misinform the beneficiary for whom it claims to have authored the legislation by saying that enrolment under Aadhaar is optional and not mandatory.
The scrutiny of Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016, by The Sunday Standard reveals that the government introduced Clause 3 in the Bill, making it voluntary but added Clause 7, taking away that choice from residents. Clause 3 gives every resident the right “to obtain an Aadhaar number by submitting his demographic information and biometric information by undergoing the process of enrolment”.
Clause 7 reads: “The Central Government or... the State Government may, for the purpose of establishing identity of an individual as a condition for receipt of a subsidy, benefit or service for which the expenditure is incurred from, or the receipt there from forms part of, the Consolidated Fund of India, require that such individual undergo authentication, or furnish proof of possession of Aadhaar.” A proviso in Clause 7 says that “if an Aadhaar number is not assigned to an individual, the individual shall be offered alternate and viable means of identification for delivery of the subsidy or service”. It shows the government is not imposing Aadhaar on its citizen. A marginal note in Clause 7 reveals the true intention: “Proof of Aadhaar number necessary for receipt of certain subsidies benefits and services etc.”
What makes this intention more clear is how the government will authenticate identity in case the individual is not assigned an Aadhaar number. Clause 2 (C) (n) says: “Identity information in respect of an individual includes his Aadhaar number, biometric information and demographic information.”
The proviso and a hidden section make it absolutely clear that no one can escape Aadhaar enrolment.
Through Clause 57, the government has allowed corporates to access individual biometric and related information. The sole intention of this new law is not only to provide efficient, transparent, and targeted delivery of subsidies, benefits and services but to also invade privacy under the guise of money bill. Clause 33 of the Bill paves the way to use Aadhaar for purposes other than providing services and benefits. Sub-section 2 of the clause empowers a joint secretary-level officer authorised by the government to disclose the information in the interest of national security.
contradiction
Government says in Rajya Sabha that Aadhaar enrolment is not mandatory and it is an ‘entitlement’
Clause 7 Note: Proof of Aadhaar number necessary for receipt of certain subsidies, benefits and
services, etc.
From Sunday Standard