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Some Important Legal Update on Aadhaar Enrollment & Eve Teasing
Implementation of Aadhaar Scheme: A Bench of Chief Justice Altamas Kabir and Justice J. Chelameswar issued notice to Central Government, while hearing a Writ Petition filed by Justice K.S.Puttaswamy (Retd) & Anr challenging the implementation of the Aadhaar scheme while a bill regarding the same is pending in Parliament.
It was contented by the petitioner that, National Identity Authority of India Bill was introduced by the Prime Minister in 2010 to make the Unique Identification Authority of India (UIDAI) a statutory body relaying on an executive order issued in January 2009.
Further, it was contended that, the bill was rejected by the Parliamentary Standing Committee in 2011; and the government persisted in enrolling residents through executive action, which was “unconstitutional and arbitrary.”
It was also argued that, t he scheme impinged on the right to privacy of individuals, as the confidentiality and security of biometric information private agencies collected were not ensured. Further, even non-citizens were likely to get benefits like cash transfers and illegal migrants were likely to be legitimized, if the scheme is implemented.
This could also jeopardise national security. It was further contented that, Government’s decision to go ahead with the scheme was malafide, intended as it was to avoid parliamentary discussion, especially after the Standing Committee rejected legislation.
Hearing on the petitioner’s plea Bench issued notice to the Government of India against the implementation of the Aadhaar scheme. The Bench also issued notice on the writ petition as also on the prayer for interim relief for a stay on the implementation of the scheme.
Supreme Court directions on Eve Teasing: While hearing, The Deputy Inspector General of Police & ANR. Vs. S. Samuthiram (Decided on November 30, 2012), a Civil Appeal(No. 8513 of 2012) arising out of SLP (C) No.31592 of 2008 a bench of Justice K.S. Radhakrishnan and Justice Dipak Misra, of Honourable Supreme Court in public interest, gave following directions to curb Eve teasing:
The State Governments and Union Territories of India would take adequate and effective measures by issuing suitable instructions to the concerned authorities including the District Collectors and the District Superintendent of Police so as to take effective and proper measures to curb such incidents of Eve teasing.
Responsibility is also on the passers-by and on noticing such incident; they should also report the same to the nearest police station or to Women Helpline to save the victims from such crimes.Suitable boards cautioning such act of Eve teasing be exhibited in all public places including precincts of educational institutions, bus stands, railway stations, cinema theaters, parties, beaches, public service vehicles, places of worship etc.
State Governments and Union Territories are directed to establish Women’ Helpline in various cities and towns, so as to curb Eve teasing within three months.Where any incident of Eve teasing is committed in a public service vehicle either by the passengers or the persons in charge of the vehicle, the crew of such vehicle shall, on a complaint made by the aggrieved person, take such vehicle to the nearest police station and give information to the police.
Failure to do so should lead to cancellation of the permit to ply.Persons in-charge of the educational institutions, places of worship, cinema theaters, railway stations, bus-stands have to take steps as they deem fit to prevent Eve teasing, within their precincts and, on a complaint being made, they must pass on the information to the nearest police station or the Women’s Help Centre.
There will be a further direction to the State Government and Union Territories to install CCTV in strategic positions which itself would be a deterrent and if detected, the offender could be caught.
All the State Governments and Union Territories are directed to depute plain clothed female police officers in the precincts of bus-stands and stops, railway stations, metro stations, cinema theaters shopping malls, parks, beaches, public service vehicles, places of worship etc. so as to monitor and supervise incidents of Eve teasing.
These Updates are initially found on The Lex-Warrier: Online Law Journal (ISSN: 2319-8338) December, 2012 Issue Citation: 2012 (3) LW 12
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