Aadhaar Act Is Unconstitutional And Void Ab Initio And Is Of No Legal Significance Opines Praveen Dalal

Many people have been coerced and forced to enroll for Aadhaar and link it with various services, whether of government and private companies. But how many of you are aware that neither Aadhaar nor Aadhaar Act, 2016 is constitutional and you can absolutely say no for Aadhaar enrollment and its linking with anything and everything.

According to Praveen Dalal, who has been engaged in the most effective and versatile fight to Scrap Aadhaar since 2009, neither Aadhaar nor Aadhaar Act, 2016 is constitutional and Indians can refuse to comply with any mandate arising out of either. He further maintains that Aadhaar Act, 2016 is “Void Ab Initio” and any person can challenge its constitutionality, provisions or any compliance requirement under it any time.

So what is a void ab initio law? A void ab initio law is a legislation that has no legal force and that cannot bind any person or organisation through its provisions. As people are aware, Aadhaar Act, 2016 was imposed upon Indians as a “money bill” despite the fact that it is not a money bill at all.

According to Praveen Dalal, the fact whether a bill is money bill or not has to be finally decided by the Speaker if there is a dispute to that effect in the Parliament. Once a certificate is issued by the Speaker that the bill is a money bill, the procedure applicable to money bills is followed and Rajya Sabha looses its power to force inclusion of its suggestions in such bill. This situation also arose in case of Aadhaar Act, 2016 and suggestions of Rajya Sabha were ignored by Lok Sabha where BJP has the majority.

But the final authority to decide whether a bill is money bill or not outside the Parliament vests with the Supreme Court that can exercise its Judicial Review power in this regard opines Praveen Dalal. In fact, the Aadhaar Act, 2016 was immediately challenged by Shri. Jairam Ramesh and this is the only good thing that either Congress party or any of its member has done against Aadhaar says Praveen Dalal.

But Supreme Court did what it was not required to do at all. Supreme Court deliberately postponed judgments upon privacy right, Aadhaar and Aadhaar Act, 2016. Privacy is a Fundamental Right was already well known and Supreme Court unnecessarily wasted time of people so that Central Government can force Aadhaar upon Indians. Then Supreme Court failed to declared Aadhaar Act, 2016 as unconstitutional and till now it is on the statute book. Finally, Supreme Court totally abdicated its constitutional duties and severely compromised Rule of Law and Fundamental Rights when it kept on postponing its final decision on Aadhaar.

Judicial wisdom and integrity was totally shattered when Supreme Court ignored the clear fact that Aadhaar Act, 2016 is neither a “Validation Act” nor a “Money Bill” opines Praveen Dalal. Supreme Court also violated the interim order of previous Constitution Bench of Supreme Court by not adhering to it and giving a self contradictory view on Aadhaar. Meanwhile, some division benches of Supreme Court even gave Per Incuriam judgments even though Interim order of Constitution Bench was still in force informs Praveen Dalal. In short, Supreme Court only indulged in “Self Mockery and Degradation” in order to accommodate “Unconstitutional Interests” of Executive says Praveen Dalal.

But the bottom line is that Aadhaar Act, 2016 is not a money bill and you need not to wait for a declaration of Supreme Court in this regard.

If the Parliament passes a money bill that allows Government to “Rape, Loot and Murder Indians”, will you wait for Supreme Court to wake up from its sleep or will you protest and act in self defense asks Praveen Dalal.

So why you are following Aadhaar Act, 2016 when it is void ab initio. Just ignore the provisions of Aadhaar Act, 2016 as they have no legal force, whether Supreme Court says so or not. At least this is what we are doing and we have found there are tremendous benefits of this approach.

On a related note, Aadhaar Act, 2016 does not prohibit you to sue Government, UIDAI, private companies or any other person or institution for violating your legal rights. Do not believe in contrary and ignorant claims and sue the guilty person on first instance.

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Uniqueness Of Aadhaar Is A Lie As It Does Not Provide Any Unique Identity Opines Praveen Dalal

You must have heard a lot about uniqueness of Aadhaar that it provides a unique identity to its holder. That is a white lie as Aadhaar does not provide any unique identity informs Praveen Dalal.

Firstly, 99% people who have enrolled for Aadhaar have shown two or more government identity documents. If they already had government documents, where is the need for Aadhaar asks Praveen Dalal.

Secondly, Aadhaar is based upon the incorrect assumption that biometric is unique and safe. Truth is that biometric is neither unique nor safe inform Praveen Dalal. Many Aadhaar have been generated in India by single person on multiple occasions by tricking the biometric system. Further, once the biometric is compromised, you cannot change it forever unlike a disposable password.

Thirdly, Indian government itself is not capable of biometric authentication of even a small segment of people. That is why they are asking for paper copies of Aadhaar for verification instead of biometric authentication.

Both paper based Aadhaar cards and their biometric can be faked easily that is why criminals and terrorists have multiple Aadhaar. This has posed a national security threat to India that Indian government is ignoring right now.

Fourthly, government has been lying about 119 crore Aadhaar enrollments. Truth is that Aadhaar is not even 50% enrolled and even by government’s own faulty standards Aadhaar is not a unique identity.

Doubts about uniqueness were raised long before by many Twitter handles of Perry4Law Organisation (P4LO). In fact, UIDAI or government has no mechanism to detect duplicacy of biometric of Aadhaar in its system. Next time if UIDAI and government say Aadhaar is a unique ID, tell them to stop lying now as their lie has been caught and myth of uniqueness busted by P4LO.

Insecure And Unconstitutional Aadhaar Has Put Lives And Properties Of Indians In Great Danger Opines Praveen Dalal

Aadhaar suffers on many fronts and lack of cyber security is just one of them. Each weakness of Aadhaar is fatal in itself and sufficient to put lives and properties of people associated with it in great danger. The truth is that insecure and unconstitutional Aadhaar has already put lives and properties of Indians in great danger opines Praveen Dalal.

Despite the tall claims of government and UIDAI, Aadhaar is a highly insecure project. Aadhaar database, whether biometric or non biometric one, is vulnerable to simple and sophisticated cyber attacks and other forms of security lapses. In fact, no body needs to even hack Aadhaar as biometric and demographic information about Indians are already available to world at large.

Cyber security is a complicated field to manage and even the most ardent players of cyber security are aware that absolute cyber security is a myth. So if anybody is claiming that his/her system, software or project is 100% cyber secure, he/she is simply ignorant of the ground realities as exist in the cyberspace.

Till sometime back, cyber warfare was considered as a fiction and not reality. But with growing incidences of cyber espionage, cyber terrorism and even cyber warfare, countries have started taking their critical infrastructures seriously. Nevertheless, the task to secure these critical infrastructures is next to impossible as the bad guys are always many steps ahead of the government and its agencies.

Aadhaar is one such highly sensitive and highly insecure project of India government that is neither prudent nor secure. It only has a false sense of security that government is projecting to divert the attention of critics of Aadhaar. But real cyber security professionals are well aware of the dangers of Aadhaar project that has put the lives and properties of Indians in great peril.

In reality, Aadhaar has created serious constitutional anomaly and irresolvable cyber security issues that would always jeopardise rule of law and personal safety and security of Indians. No matter whatever Indian government tells you, stay away from Aadhaar. And if you have already made an Aadhaar, delink it from all services and block your biometric as soon as possible so that it cannot be abused by government and private individuals.

Indian Government Is Fooling Indians With Rhetoric And Snatching Their Liberties Opines Praveen Dalal

Indians are gullible and can be easily pushed by even the most absurd excuses and reasoning. Aadhaar is a good example how naive Indians can be. Not only Indians are compromising their own freedom and liberty but they have also risked the freedoms and liberties of their family.

Innocent children, who are not even aware of the digital slavery that their parents have imposed upon them, are facing biggest setback. Their future freedoms have already been sold by their families to government and private companies.

There is no mechanism that Indian government has not used to force unconstitutional Aadhaar upon Indians. From lies, coercion to taking help of Supreme Court in dragging the case endlessly, government has used all the weapons in its arsenal.

This raises the most important question. Do Indians have a choice in this regard? Yes all of us have a choice to say no. Those who have said no to Aadhaar have put their social, financial, physical and personal entitlements at great risk. There is no reason why one salaried employee can fight against Aadhaar while other succumb to the pressure.

Due to clever tactics of Indian government, almost 50% of Indians have now enrolled for Aadhaar. They have a mechanism to refuse, link or opt out of Aadhaar but their fear is not allowing them to take necessary step.

We at Perry4Law Organisation (P4LO) have been using an online platform for refusal, delinking and opt out of Aadhaar for long.  The results are really promising as companies and institutions approached through the ODR platform have not demanded Aadhaar anymore.

We would like to inform people that Aadhaar is absolutely optional for enrollment and linking purposes. You can also opt out of Aadhaar if you approach appropriate authorities. Do not enroll for Aadhaar or link it anywhere otherwise you would become a digital slave forever.

Both Aadhaar And Aadhaar Act Would Fail To Pass The Tests Of Privacy Right Opines Praveen Dalal

Privacy is a Fundamental Right was clear from the very beginning of Aadhaar petition but Indian government tried its level best to keep it a statutory right. After dragging the case for two years, Supreme Court finally said what was obvious i.e. privacy is a Fundamental Right.

Although Supreme Court unreasonably gave two years to Indian government to push unconstitutional Aadhaar yet privacy decision has also created a big barrier before the government now.

This is because the government is now required to justify blatant violation of almost entire Part III of Indian Constitution, including privacy right. Both Aadhaar and Aadhaar Act would fail to pass the tests of privacy right opines Praveen Dalal. As a result Supreme Court would have no option but to Scrap Aadhaar.

No Apex Court of the world can declare a project like Aadhaar constitutional unless it has already been compromised and rule of law has ceased to exist. This applies to Indian Supreme Court as well.

We at Perry4Law organisation (P4LO) are confident that Aadhaar would be scrapped in the end, whether by government or Supreme Court or Indian Citizens.

Human Rights And Civil Liberties Protection In The Aadhaar Era Is The New Age Freedom Struggle And You Are Freedom Fighter Says Praveen Dalal

We cherish the memories of our freedom struggle and respect our freedom fighters a lot. Many of us even think it would have been a privilege to fight for the freedom struggle of India.

Well it seems Indian government has granted that wish of Indians. Indian government introduced Orwellian and draconian Aadhaar that is enslaving the entire nation.

Just like freedom struggle, in present times also there are only handful of people who are actually fighting against Aadhaar. Human Rights and Civil Liberties protection in the Aadhaar era is the new age freedom struggle and you are freedom fighters opines Praveen Dalal.

Once again foreign companies and vested interests are working in the direction of making Indians their slaves. Only this time the slavery would be in the form of digital slavery.

Before independence of India people were better situated than current conditions when even their bodies are property of Indian government. Very soon your very existence would be a government property over which government would have absolute control.

It is in our own interest that we Scrap Aadhaar before it makes Indians slaves once again. only this time the consequences of slavery would be gross human atrocities and casualties.

Aadhaar Gladiators Are Using ODR Platform Of Perry4Law To Scrap Aadhaar

Aadhaar Gladiators Of Perry4Law Organisation (P4LO)

Brave heart Aadhaar gladiators of Perry4Law Organisation (P4LO) have been fighting against unconstitutional Aadhaar since 2009/2010. We have continued our fight against Aadhaar irrespective of the political party in power. Whether it is Congress or BJP govt, our stand remains same, i.e. Scrap Aadhaar.

Few years back we launched one of techno legal segments of P4LO dealing with online dispute resolution (ODR). The same is in a beta testing stage before our final portal hits the cyberspace. As there was no online platform to raise issues about Aadhaar, P4LO added the features and systems pertaining to Aadhaar as well. The platform covers areas like refusal, delinking, opt out and scrap Aadhaar pertaining to Aadhaar.

Recently we tested the ODR platform and got instant relief from both Department of Telecommunication (DoT) and telecom company Aircel. Not only we got the relief but this process also helped all other Indians as DoT issued a clarification and clearly mentioned that last date for linking of Aadhaar with mobile number is 31-03-2018.

Aadhaar gladiators of P4LO are using ODR platform of P4LO and soon many aspects like privacy, data protection, data security, cyber security, biometric, etc would also be covered by them. Keep a track of the development in this regard from time to time.