known as Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016) to offer financial and other benefits to Indian residents. Every resident of India is required to sign up for an Aadhar Card.
The Aadhaar Act 2016 aims to target the delivery of subsidies and services to Indian people by assigning them special identification numbers known as Aadhaar numbers. It facilitates access to financial services for the less fortunate and weaker members of society, making it a tool for distributive justice and equality. It can also be used to monitor development-related initiatives in vital industries like healthcare and education, among others.
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Salient Features
The Aadhaar Act 2016 is intended to offer welfare to people. Every person has a distinct Aadhaar number. It can be used to authenticate identities for newly opened bank accounts and to get rid of fictitious identities utilised in various government programmes. Also, it makes welfare programmes like government subsidies more effective.
You can ensure your retirement benefits with Aadhaar as well. Using an Aadhaar card, one can collect their pension online. There shouldn’t be any issues with phoney pension claims or bogus beneficiaries.
Another benefit of Aadhaar cards is that they make it simpler to identify the recipients of various social programmes. Additionally, because Aadhaar is connected to voter identity, it is impossible for people to cast multiple votes in the same election using different voter IDs.
The payment method used by banks is another important advancement made by Aadhar. The Aadhaar-enabled Payment System has made mobile payments quick and eliminated the need to provide bank account information.
Eligibility
Every Indian “resident” who has lived in the country for at least 182 days in the 12 months before filing for an aadhaar is entitled to receive one. NRIs or foreign nationals who meet these criteria can therefore apply for an Aadhaar Card as well. While enrolling, the person will have to supply basic biometric information, including a photo, fingerprint, and iris scan, to finish the application.
Information based on an Aadhaar number does not show proof of citizenship or address. Nonetheless, the Aadhaar ID number acts as identification documentation.
Aadhaar Act 2016 Security
Every Indian “resident” who has lived in the country for at least 182 days in the 12 months prior to filing for an aadhaar is entitled to receive one. NRIs or foreign nationals who meet these criteria can therefore apply for an Aadhaar Card as well. While enrolling, the person will have to supply basic biometric information, including a photo, fingerprint, and iris scan, in order to finish the application.
Information based on an Aadhaar number does not show proof of citizenship or address. Nonetheless, the Aadhaar ID number acts as identification documentation.
Cases When Information May Be Revealed
There are two cases in which information about an Individual may be revealed-
- In the Interest of National Security
In the interest of national security, a Joint Secretary in the central government may order the release of I an Aadhaar number, (ii) biometric information (including an iris scan, a fingerprint, and other biological characteristics specified by regulations), (iii) demographic information, and (iv) a photograph. Such a decision, which is effective for six months, will be examined by an oversight committee made up of the cabinet secretary, the secretaries of legal affairs, and electronics and information technology..
- On Court’s order: authentication records can be disclosed on the court’s order.
Aadhaar Preliminary Clause
Clause 2(g) defined “Biometric information” as a photograph, a fingerprint, or an iris scan. “Demographic information” such as name, date of birth, and address are mentioned in Clause 2(k). Definition of “resident” eligible is mentioned under Clause 2(v).
Enrolment Clause Of Aadhaar
The central government will be able to verify a person’s identity thanks to the Enrollment Clause. In the future, the central government might issue a notification requesting enrollment from additional groups of people.
Article 6 indicates that further biometric and demographic information may be requested from holders by the Unique Identification Authority of India (UIDAI). Only the biometric data is utilised for authentication. According to the agreement, this data will be kept in a database and never be disclosed to any outside parties..
Aadhaar Authentication Clause
According to the Authentications Clause of the Aadhaar Act of 2016, an organisation may utilise an Aadhaar number to confirm a person’s identity at the time of authentication. The Aadhaar enrolment centre or Aadhaar online services (electronic form) can be used to complete this process.
Clause 7 states that the recipient of a subsidy may be required to have an Aadhaar number. Clause 8 enables UIDAI to verify Aadhaar for other private and public institutions. According to Clause 8(4), UIDAI is permitted to share identification information but not biometric authentications. Clause 9 acknowledges that Aadhaar is not proof of citizenship or domicile.
Penalties For Offences
A requesting organization, enrolling agency, or a private entity that violates the rules could face a criminal penalty of imprisonment of up to 3 years and a fine of up to Rs.10,000 or Rs.1 lakh or even both.
For unapproved access or unauthorized access to the central database, including disclosing any data therein, a court may impose up to three years in prison and the least penalty of up to Rs.10 lakh for the offense.
Cognizance Of Offence
Without a complaint from the UID authority or its authorized representative, no court will take cognizance of offense in adhaar-related matters.
Unique Identification Authority Of India Aadhaar
This distinctive identification is given by the government-established UIDAI (Unique Identification Authority of India). The UIDAI’s job is to authenticate someone’s identity information and assign them a 12-digit unique identification (UID) number.
The CEO, who will be chosen by the Central Government to serve as Member Secretary of the Authority, is one of the three full-time members of UIDAI together with the chairman and two part-time members. UIDAI is in charge of gathering demographic and biometric data from locals, storing it in a central database, and assigning 12-digit random numbers, known as Aadhaar Numbers, to Indian citizens.
The centralised database and the data entered will be checked by the UIDAI’s Central Identities Data Repository. The success of the programme is a top priority for the government. A fantastic mission is ahead of UIDAI. The Central Identities Data Repository of UIDAI was established to safeguard citizens against fraud and other wrongdoings. It has emerged as the leader in giving Indians a means of identifying themselves.
Conclusion
The Aadhaar Act of 2016 promotes better management, efficient, transparent, and targeted financial aid distribution as well as the provision of benefits, subsidies, and services to Indian residents. It makes it possible for Indian residents to receive a 12-digit random number from the Unique Identification Authority of India (UIDAI). After completing the necessary verification stages, which involve registering fingerprints or other biometric data, it is only done once.
Several analysts claim that this conduct has violated basic privacy rights. Yet, the government has made some important announcements for protecting the data and information of residents. Like, The enrollment agency must obtain the person’s permission before utilising the information, and The UIDAI will take further precautions to guarantee that the number is protected if the person declines to give consent.
Written By:–Anshu Chaudhary
Lovely Professional University
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