Guest Post by USHA RAMANATHAN
On September 23, 2013, the Supreme Court ‘s directed that “no person should suffer for not getting the aadhaar card in spite of the fact that some authority had issued a circular making it mandatory”. Reacting to an argument of Mr Anil Divan, Justice Puttaswamy’s counsel, the judges added that “when any person applies to get the Adhaar Card voluntarily, it may be checked whether that person is entitled for it under the law and it should not be given to any illegal immigrant”. The order regarding making the UID mandatory was made in the context of the questionable legality of the project, and the instructions being issued, as it has been in Maharashtra, that teaching and non-teaching staff and judges of the High Court would not get their salaries unless they have a UID. The latter part of the order on `illegal immigrants’ echoes those who wanted, and got, an amendment to the Citizenship Act in 2003 authorising the creation of a National Register of Citizens. This was inherently illogical and opportunistic; for, the rhetoric of threat from the outsider drew upon the Kargil standoff in 1999, when it was Pakistan that was seen as sending in terrorists who needed to be identified and dealt with, but the politics of the day made the migrant from Bangladesh the `threat’. The Home Minister of the day saw them in every shadow. The UID project is a part of this enterprise.
The UID Project, with Mr Nandan Nilekani at its helm, has developed ambitions of its own in the four years since it was set by executive notification. In these four years, what observers and analysts have seen of the project has produced disturbing questions around what constitutes identity and how it will be established: [1]
Continue reading Casting a backward glance after a court order – the UID project: Usha Ramanathan