http://www.moneylife.in/article/lpg-aadhaar-government-disobeying-supreme-courtorder/35933.

html

Aadhaar for LPG: Oil companies, Ministry of Petroleum & UIDAI disobeyin !upreme "ourt order#Part $$II
Gopal Krishna !9/!"/#!"$ !$:$! %& Are %P"L, &P"L and IO", 'hich are harassin consumers o(er the LPG cylinder, )a encies en a ed in deli(ery of 'elfare ser(ices)* +heir conduct in (iolation of the !upreme "ourt)s order illustrates ho' they are deli(erin ille al, intrusi(e and un'elcome messa es 'ith an e(plicit approval of ministries of finance and petroleum and natural gas) unprecedented bombardment of messages *+&+, on mobiles of consumers is going on. -il mar.eting companies li.e the /industan %etroleum 0orp 1td */%01,) 2harat %etroleum 0orp 1td *2%01, and 3ndian -il 0orp *3-0, are daring the ma4esty of the +upreme 0ourt) which has reiterated its ban on the ma.ing of 5adhaar mandatory for any services. 3t is evident that the floodgates of messages *+&+, have been opened under the influence of 6andan 6ile.ani) chairman) 7as. 8orce on an 5adhaar-9nabled :nified %ayment 3nfrastructure for the direct transfer of subsidies on Kerosene) 1%G and 8ertili;er) 7as. 8orce on <irect 7ransfer of +ubsidies on Kerosene) 1%G and 8ertili;er and :ni=ue 3dentification 5uthority of 3ndia *:3<53, in manifest and admitted noncompliance of the ape( court>s order. 7he consumers are bearing the conse=uences of the terms of reference of an *3nterim, 7as. 8orce on <irect 7ransfer of +ubsidies on Kerosene) 1%G and 8ertiliser that was constituted on "$ 8ebruary #!"" by the &inistry of 8inance. 3ts mandate was to ?e(amine and suggest an implementable solution for direct transfer of subsidies on Kerosene) 1%G and 8ertili;er to intended beneficiaries with the use of 5adhaar numbers *:ni=ue 3dentification numbers,) 5adhaar-enabled transactions and 5adhaar authentication infrastructure of the :3<53.@ 7his was announced in the 2udget +peech of #!""-"#. +ubse=uently) the 7erms of Aeference of the 7as. 8orce were e(tended to include the development of an 5adhaar-9nabled :nified %ayment 5rchitecture to on #! +eptember #!"". ,or the central o(ernment 'hat is at sta-e is the recommendation of these tasforces 'hich are bein implemented in contempt of !upreme "ourt as if the +as,orce is superior to the "ourt. 0entral government had sought modification of the 0ourt>s order by its application of B -ctober #!"3 but the +upreme 0ourt did not grant them any relief and instead it categorically stated in its order of #C 6ovember #!"3 that its order of #3 +eptember #!"3 remains unmodified. 7he order une=uivocally directed) ? no person should suffer for not ettin the Aadhaar card in spite of the fact that some authority had issued a circular ma-in it mandatory.@ 2ut these companies are ma.ing the consumers suffer. %arliamentary +tanding 0ommittee on 8inance had apprehended that ?7he possibility that some such agencies *data collecting entities, are aligned to communal and fundamentalist groups and thus having ulterior motive in collecting non-mandatory information) cannot be ruled out.@ 3ts apprehension stands vindicated.

&inistry of %etroleum and 6atural Gas *&o%D6G, has filed the attached E5pplication for clarification/modification of order dated #3.!9.#!"3@. 7he court>s order of 6ovember #C reads: F5fter hearing the matter at length) we are of the view that all the +tates and :nion 7erritories have to be impleaded as respondents to give effective directions. 3n view thereof notice be issued to all the +tates and :nion 7erritories through standing counsel. 7he advocates who have already entered appearance must file their replies within a period of three days from today. 1earned standing counsel for the +tates who were not represented may ta.e instructions from their respective +tates and file their response within one wee..F 6ow 6ile.ani is indulging in fibbing and hiding his indulgence in myriad veils. 5s chairman of :3<53) he issued the uni=ue identification *:3<,/5adhaar enrolment form ma.ing a solemn declaration that ?5adhaar 9nrolment is free and voluntary.@ 7his is a declaration of Government of 3ndia. 7his is a promise of %lanning 0ommission of 3ndia headed by the prime minister. 5s a conse=uence) all the a encies, state o(ernments, the Go(ernment of India and the /a encies en a ed in deli(ery of 'elfare ser(ices0 are under le al and moral obli ation to ensure that it 1UID2Aadhaar3 cannot be made mandatory. 5ccording to the +trategy -verview document of the :3<53 Fenrolment will not be mandatedF adding) F7his will not) however) preclude governments or registrars from mandating enrolment.F +he 4 o(ernments or re istrars5 'ho are ma-in it mandatory is none other than 6ile-ani. 7he enrolment form of Aadhaar2uni7ue identification 1UID3 number promises on top of the form that it is ?free and voluntary@) several central ministries and uninformed state governments attempted to ma.e it mandatory) in a manifest case of breach of citi;enGs trust. 3t is the promise of the %resident of 3ndia and Government of 3ndia. 3s it notH

0learly) 6ile.ani>s words in his official capacity are untrustworthy. 7his is unbecoming of a person who has a ran. of a cabinet minister in the %lanning 0ommission. 7he column no B in the 5adhaar 9nrolment 8orm at page no " refers to ?agencies engaged in delivery of welfare services@. Are these oil mar-etin companies 1OM"s3 'hich are harassin consumers, /a encies en a ed in deli(ery of 'elfare ser(ices0, their

conduct in (iolation of the court5s order illustrates ho' they are deli(erin ille al, intrusi(e and un'elcome messa es and not 'elfare. 5t page no # of the 5adhaar 9nrolment 8orm provides) ?3nstructions to follow while filling up the enrolment form@ which states that column no B is about see.ing consent from an 3ndian ?Aesident *who, may specifically e(press willingness/ unwillingness by selecting the relevant bo(@ by tic.ing ?yes@ or ?no@ options . 7he column no B at page no " reads: ?3 have no ob4ection to the :3<53 sharing information provided by me to the :3<53 with agencies engaged in delivery of welfare services.@ 6ow the issue is that if residents are promised that enrolment is ?voluntary@ they may have given their consent unaware of its ramifications but if they .now now that it is made ?mandatory@ they are may refuse to give their consent. /as their consent been fro;enH Given the fact that the pretence of ta.ing consent from consumers was advanced. 3t has clearly established two sets of biometric 5adhaar number holders) one who have given consent for their information to be shared with the agencies involved in delivery of welfare services and the other being those who enrolled for the biometric 5adhaar number but they did not give consent for their information to be shared with these agencies. 7he =uestion is why are the ones in the latter category too are being submerged in the flood of unwanted messages. Amon the &i Data and intelli ence companies the constant refrain is data is ne(er shared, it is bartered. Isn5t UIDAI barterin a'ay ri ht to free choice, a basic human ri ht in the name of plu in the lea-a e of the subsidy* 7he court is li.ely to hear the matter on #B Ianuary #!"$ and ta.e these Ewelfare agencies> and the concerned ministries to tas.. 2ut in violation of +upreme 0ourtGs order) &inistry of %etroleum and 6atural Gas through notifications published in the Ga;ette of 3ndia vide G+A J"B *9, and G+A J9" *9, has made several amendments to the 1i=uefied %etroleum Gas *Aegulation of +upply and <istribution, -rder #!!! *no."!, claiming powers conferred under +ection 3 of the 9ssential 0ommodities 5ct *905, "955 has made :3</5adhaar mandatory. 7he +ection 3 of 905 "955 gives powers to control production) supply) distribution) etc of essential commodities. 3t is ine(plicable as to how this provides a legal mandate to lin. the :3< number with its services. +his implies denial of subsidy to those 'ho do not ha(e the impu ned UID number, 'hich is based on some biometric identification of 4usual residents5, unmindful of the fact that the subsidy in 7uestion is meant for citi8ens. 7his is a case of manifest inconsistency) because it does not differentiate bet'een a citi8en and a non9citi8en. <espite :3</5adhaar number being legally =uestionable its continuing enrolment for biometric :3</5adhaar number based on an 9nrolment 8orm which promises that it is Efree and voluntary> and indulging in a sleight of hand by stating that by enrolling you give consent for it to be made mandatory through Gwelfare agenciesG. +he fact is UID number is constitutionally, le ally, le islati(ely, politically, historically, democratically and ethically 'ron and the -ey issue is not 'hether it should be mandatory. It is an attempt ta-e o(er property ri hts o(er personal sensiti(e information from citi8ens for ood. 3t constitutes colossal and unprecedented assault on privacy and democratic rights. :nder the influence of advertising which is being dished out by :3<53 and the Governments) some publications and icons li.e 5mitabh 2achchan will have us believe that there is nothing wrong with -rwellian architecture mas=uerading as solutions

architecture and public information infrastructure. 7he video of 2achchan in 30303 ban. ad endorsing biometric :3</5adhaar is available here . 7he claims of the +olicitor General and &inistry of %etroleum are =uestionable. 5n undated letter *circular, of the &inistry reads) F...we will restrict 1%G distribution only to those who have registered 5adhaar numbers with the distributor.F 7his is in direct contradiction to the submission made by +olicitor General in the +upreme 0ourt. It is clear that it has nothin to do 'ith the subsidy this is about the supply of LPG itself, 'ith or 'ithout subsidy. &eanwhile) it has come to light that individual companies have already put in place a process for continuing 1%G supplies with or without 5adhaar/:3< number and with or without <irect 2enefits 7ransfer *<27,) hence there can be no disruption or hardship caused by removing :3< from the <27 process as envisaged by the +olicitor General. 3n a bi;arre move) three oil %+:s have moved the +upreme 0ourt see.ing modification of its earlier order) but before a different bench of 0hief Iustice % +athasivam and Iustice Aan4an Gogoi for an urgent hearing) according to a report of the %ress 7rust of 3ndia dated C -ctober #!"3. 3n the &adhya %radesh /igh 0ourt a petition has been filed against the ?illegal demand for providing 5adhaar number for Gas 0ylinders on subsidi;ed rate without any statutory force for ma.ing the 5adhaar number mandatory.@ 7he writ petition *civil, no "BCJ9 of #!"3 has argued that ?it is totally arbitrary.@ -ne of the grounds in the petition refers to the publication of advertisements by the government saying) ?by the impugned publication and demand of 5adhaar number is totally unreasonable because at present even #5K of 1%G Gas cylinder holders does not get them register or the :3< authorities issued the 5adhaar number or 5adhaar card hence ma.ing the 5adhaar card is totally illegal.@ <ealers in &adhya have revealed to this author that there is a compelling logic to .eep the 5adhaar-lin.ed subsidy transfer for 1%G in abeyance. &o%6G and -&0 has/had proposed to launch <271 in 3ndore) 2hopal) Iabalpur etc on " -ctober #!"3 wherein it is/was envisaged that after 3" <ecember #!"3 no consumer shall be able to get the subsidy transferred to their ban. account if he/she does not have 5adhaar or the 5adhaar is not lin.ed with the ban. account. 6otably) those people 'ho ot their Aadhaar number lin-ed to as connections are bein char ed an undeclared hi-e of :s ;< per cylinder. Hindustan Times) 2hopal has reported on 9 Ianuary #!"$ that 3-0 is arguing that it is not blame as the 1%G consumers of 3-0 are paying e(tra because of the value added ta( *L57, uniformly levied by the central government. 3-0 has announced that once the deadline of seeding gas connections with 5adhaar is over the cylinders would be available at the mar.et rate and only way of availing of the subsidy would be through the 5adhaar lin.age to the gas consumer and ban. account. &ost of the consumers have been unable to get the desired subsidy transferred in their account because of this pre-condition. 7he consumers have been deprived of the subsidy due to the following reasons:

+upreme 0ourt>s order of #3rd +eptember and #C 6ovember #!"3 is superior to the circulars and advertisements of -il D 6atural Gas &inistry and -il companies 0onsumers have ta.en note of the resolution of 'est 2engal 5ssembly against 5adhaar

0onsumers have ta.en note of the recommendations of the %arliamentary +tanding 0ommittee on 8inance 0onsumers are aware that the %un4ab and /aryana /igh 0ourt besides +upreme 0ourt has ruled against 5adhaar being made mandatory 2iometric 5adhaar not been made or received 2an. account is not in name of the person having 5adhaar 0onnection is not in the name or the 5adhaar holder -ld aged people could get their 5adhaar made %oor people having the 5adhaar could not open the ban. account in time &any labor class persons could not get the 5adhaar made as their finger prints are not being captured while ma.ing the :3<. =(en 'hen P "hidambaram, 6ile-ani, >eerappa Moily ro' too old their biometric data cannot be captured. 6ot completing the formalities in the given time due unavoidable circumstances such as being abroad for few months/ out of station for long period/6ot well for long period. etc. 3n case of rural area opening of ban. account shall be a another huge constraint 0ommon man .nows that the 5adhaar pro4ect has no legal basis

7he dealers are arguing that on the basis of the fact that +upreme 0ourt order) 5adhaar cannot be made mandatory for availing the subsidy otherwise huge number of the consumers shall be deprived of their bona fide right to avail the subsidy. &eanwhile) on C Ianuary #!"$) LPG Distributors ,ederation has announced that they 'ill o an indefinite nation'ide stri-e from ?@ th Aanuary. +heir demands include direct benefit transfer for LPG scheme be made compliant 'ith the direction of the !upreme "ourt. +he stri-e is also a protest a ainst distributors bein forced to ta-e Aadhaar from the customers despite "ourt5s order. +upreme 0ourt has simply stated what the central government has promised in the %arliament. 3n its order what the 0ourt has done is to simply reiterate the significance of the promise made by Government of 3ndia. 5s of now 0hidambaram) 6ile.ani) &oily and the oil companies are ma.ing the court>s orders subservient to their court>s directions. 7his sets a dangerous precedent. Bou may also 'ant to readC