Lack the details in a normal sheet of

Lack of awareness due to illiteracy

In India there have been many cases reported as to the
potential threat attatched to aadhar there have been serious security issues
going on with regard to it. It has been under keen observation by uidai that
there are many e-commerce sites which are charging a particulat amount to print
the aadhar card in the same manner by giving shape of the smard card just like
atm cards and the material is a plastic material used and the amount charged by
these e-commerce sites vary between Rs 50-200.The concerned authority has
clearly ststed that there is no such concept of smard card that if u get your
aashar in the shape of smart card then only it will be taken as a proof by the
government even having the details in a normal sheet of paper is suffice to
treat aadhar as a so called proof by the government of india .The uidai has
warned various e commerce site to stop printinmg the aadhar in the way of smart
card and made it punishable if practiced by any ecommerce site under Indian penal
code.

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Leakages of aadhar card details of about 14 lakh
pensioner has brought the focus of the people in spreading the awareness a
report stated by TIMES OF INDIA therefore admitting the lack of awareness with
regard to the information technology act the director has made a point and
therefore implemented to circulate the copies of all it related acts to various
department of the government thereby protecting the details and right of the
citizens.

Supreme court findings and judgements

The establishment of so called concerned issue of
the nation  with regard to aadhar card
has led the Supreme Court of India to interfere. On 20th  November of 2012, the legislative and the
state approached the  Supreme Court of
India where the court listenedto  the
arguments against National Identification Authority of India Bill 2010 which
possibly in contaven tion with Article 73 of Constitution of India which states
“Extent of the executive power of the Union, states that, Subject to the
provisions of this Constitution, the executive power of the Union shall extend
to the matters with respect to which Parliament has power to make laws and to
the exercise of such rights, authority and jurisdiction as are exercisable by
the Government of India by virtue of any treaty or agreement.

Case laws

Two Constitution Bench judgments — Sharma (1954), an
eight-judge decision, and Kharak Singh (1962), a six-judge judgment — held that
the Right to Privacy was not a fundamental right.  

In Govind vs. State of Madhya Pradesh (1975), the
Supreme Court held that “many of the fundamental

·
rights of citizens can be described as contributing to the Right to Privacy”. The
approach to interpretation of fundamental rights had undergone a serious
fundamental change. The scope of article 21 of Constitution was expanded
through the later judgments. Therefore in Govind the Bench
cleared thr basic concern with  the Right
to Privacy as not an absolute right and must be subject to restriction on the
basis of compelling public interest .

In Maneka Gandhi (1978), the SC held that any law
and procedure authorizing interference with· personal
liberty and Right of Privacy must also be right, just, and fair, and not
arbitrary, fanciful, or oppressive.”

 In R
Rajagopal vs State of Tamil Nadu (1994), Supreme Court held that the Right to
Privacy is implicit in, the right to life and liberty guaranteed by Article 21.
A citizen has a right to safeguard the privacy of his own, his family,
marriage, procreation, motherhood, child-bearing and education among other
matters. From these rulings, it can be inferred that though the Constitution
does not specify ‘right to privacy’ as a fundamental right, but the subject has
evolved considerably in India, and privacy is now seen as an ingredient of
personal liberty

 

Discussions on the main issue of aadhar card

Every citizen has a right to data protection and
data privacy  residing in this country
and every citizen must be aware of that. Every IT technician’s main focus is to
make sure that strongest security  should
be there so that no breach can take place. Though  there may not be a  Network that is  100% secure but if not 100% secure, there
should be a good legislation or instead a system to deal with data violation
cases. In India some of the Data Privacy and Protection laws are included under
the sections of ‘IT Act (2008)’, and many are yet to be implemented and are
under the perview of consideration. In  aadhar
 act there are few issues which are of
concern need to be understood  firstly it
is of great concern to know that aadhar is not a unique identification rather
it is  just a simple number with no
uniqueness in it.It lacks the security feature unlike Pan card and Voter id .
so many copies of aadhar can be downloaded from their SSUP portal. Yet, it is
used as valid proof of identity at some places.   Aadhaar
is used as proof of address. UIDAI does not verify the address of the citizens.
Even though it is regsarded and accepted as a proof in various telecom and
banking companies. Aadhaar cannot be used as a proof of citizenship as Clause 9
of Chapter III Aadhaar Act 2016 which clearly states that “The Aadhaar number
or the authentication thereof shall not, by itself, confer any right of, or be
proof of, citizenship or domicile in respect of an Aadhaar number holder.”
Also, Aadhaar Act 2016, Chapter I Clause 2(v) states that “If a resident who
has resided in India for more than 182 days or more than that is applicable to
enrol for Aadhaar”. For applying passport, Aadhaar can be used as a valid
document for proof of concept and on the other hand, passport becomes a proof
of citizenship which has lead to various immigrants from Nepal, Bangladesh,
Bhutan etc. to get valid documents for Indian Citizenship. ? Recently,
twitter’s top story was MS Dhoni Aadhaar data got leaked which also depicts
some flaws in Aadhaar Act which is Chapter VI Clause 4 of Aadhaar Act 2016
depicts that “No Aadhaar number or core biometric information collected or
created under this Act in respect of an Aadhaar number holder shall be
published, displayed or posted publicly, except for the purposes as may be
specified by regulations.” Also Clause 30 of IT Act 2000 states that biometric
or demographic data are recognized as an ‘electronic and sensitive data of an
individual’ and Chapter VII Clause 37 of Aadhaar Act 2016 states “Whoever,
intentionally discloses, transmits, copies or otherwise disseminates any
identity information collected in the course of enrolment or authentication to
any person not authorised under this Act or regulations made there under or in
contravention of any agreement or arrangement entered into pursuant to the
provisions of this Act, shall be punishable with imprisonment for a term which
may extend to three years or with a fine which may extend to ten thousand
rupees or, in the case of a company, with a fine which may extend to one lakh
rupees or with both”.   

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