codema.in
Sat 27 Jun 2020 2:17PM

Revoke the decision on making Aadhaar compulsary for Kerala PSC Jobs

TMB Tanzeem Mohammad Basheer Public Seen by 58

The Kerala PSC has recently made an order on making Aadhaar compulsory for Kerala Govt Jobs. After discussing the context of taking such a decision and the trade off with privacy and security issues of Aadhaar which makes itself a bad choice as ID, we could send the letter drafted here after necessary edits to the Chairman Kerala PSC to revoke the decision.

https://cryptpad.fr/pad/#/2/pad/edit/I9uYHskF+k7j67s9Oiw3E0UX/

PP

Pirate Praveen Sat 27 Jun 2020 4:25PM

@Tanzeem Mohammad Basheer thanks for initiating this. I have added a reference to CPIM manifesto and added some comments. We can schedule an audio call later to finalize this.

PP

Pirate Praveen Mon 29 Jun 2020 7:38AM

TMB

Tanzeem Mohammad Basheer Mon 29 Jun 2020 8:07AM

Yes we can endorse the statement of Internet Freedom Foundation.

TMB

Poll Created Mon 29 Jun 2020 9:27AM

Endorse the Joint Statement by Internet Freedom Foundation, Article 21 and SMC to withdraw the decision on making Aadhar compulsary for Kerala Govt Jobs Closed Sun 5 Jul 2020 9:00AM

Outcome
by Tanzeem Mohammad Basheer Sun 5 Jul 2020 1:37PM

We didn't get a consensus here. So the proposal is moved to the Associates group. See https://codema.in/d/Oeg61XDm/revoke-the-decision-on-making-aadhaar-compulsary-for-kerala-psc-jobs/1

Last week Kalyani Menon Sen, a citizen, and petitioner in the Aadhaar case sent a legal notice to the Government of Kerala which has made Aadhaar mandatory for all state government jobs. We are endorsing the joint statement supporting this action originally drafted by Internet Freedom Foundation, Rethink Aadhaar, Article 21 and Swathanthra Malayalam Computing.

"Kalyani Menon Sen, a citizen, and petitioner in the batch of writ petitions challenging the constitutionality of Aadhaar in KS Puttaswamy v Union of India (2019 10 SCC 1) has sent the Government of Kerala a legal notice demanding that it withdraw a recent order mandating compulsory Aadhaar verification for all new applicants and recent appointees to state government jobs. Internet Freedom Foundation, Rethink Aadhaar, Article 21 and Swathanthra Malayalam Computing endorse this legal notice, and call on the Kerala Government to withdraw this order.

The order dated 11.06.2020, which was issued by the Kerala Government's Department of Personnel & Administrative Reforms, relates to applicants and new appointments to the Kerala Public Service Commission. As Ms. Menon Sen's legal notice notes, mandating Aadhaar verification for new appointees and applicants violates the order of the Supreme Court relating to Aadhaar, KS Puttaswamy v Union of India (2019 10 SCC 1).

The 5 judge bench  specified that mandating the use of Aadhaar numbers, whether for verification or any other purpose, was constitutionally valid for two purposes only: for linking with PAN numbers, and for obtaining welfare benefits in the nature of a subsidy which is funded from the Consolidated Fund of India. The Hon’ble Supreme Court also read down Section 57 of the Aadhaar Act (as it then stood), and specified that the State could use Aadhaar only if it met the following two conditions: that such use was voluntary, and that such use was covered by primary legislation for that purpose.

The purpose of preventing fraud cannot and should not be carried out by breaches to privacy, dignity and autonomy of individuals, especially in the absence of any clear basis in law. As a constitutional body, the Government of Kerala, and the KPSC are bound to uphold the rule of law and the judgements of the Supreme Court, and should withdraw the notification, and clarify that Aadhaar verification remains optional."

You can read the copy of the letter send on 26/06/2020 here.

https://drive.google.com/file/d/1OMmus9lzytp5sjpEH4sc6vNmGIP-TRTL/view.

The Indian pirates has a clear policy to scrap Aadhar .See : https://pirates.org.in/manifesto

Reference: https://internetfreedom.in/joint-statement-kerala-aadhaar/

The malayalam version of the Joint Statement dated 29/06/2020 :

https://drive.google.com/file/d/1WuJMhfcoGW6dCV-KmItHzo_pbu7hFpCj/view

Results

Results Option % of points Voters
Agree 85.7% 6 EN PP PB AI TMB AMS
Abstain 0.0% 0  
Disagree 14.3% 1 MS
Block 0.0% 0  
Undecided 0% 164 V A D DU AS MK SK NV BC FGP AR AK AG AKS RD J KAK SK S MKT

7 of 171 people have participated (4%)

MS

Milind Singh
Disagree
Mon 29 Jun 2020 9:52AM

Why you guys have issue with Adhaar? Are you guys paid for this?

PB

Pirate Bady
Agree
Tue 30 Jun 2020 7:00PM

IMO we could add the contents of the pad as an introduction and then state the endorsement

PP

Pirate Praveen Mon 29 Jun 2020 12:51PM

@Tanzeem Mohammad Basheer I have made some changes to clarify we are endorsing a statement originally drafted by other organizations.

PP

Pirate Praveen Mon 29 Jun 2020 12:52PM

@Milind Singh do you disagree with the Supreme Court judgement on Aadhaar? If you genuinely want to understand the problems of Aadhaar then https://rethinkaadhaar.in/ has a lot of resources.

PB

Pirate Bady Tue 30 Jun 2020 6:18PM

@Milind Singh which part of the statement do you disagree with and why? please explain.