AI Overview...
Proof of Aadhaar under Social Security Act
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Legislative Framework and Voluntariness
The Aadhaar (Targeted Delivery of Financial and other subsidies, benefits and services) Act, 2016, establishes that Aadhaar enrollment and authentication are voluntary for availing welfare schemes, as per Section 7 of the Act. The Act emphasizes that Aadhaar is not mandatory for accessing benefits, maintaining the confidentiality and security of user data Binoy Viswam VS Union of India - Supreme Court, Justice K. S. Puttaswamy (Retd. ) VS Union of India - Supreme Court. -
Aadhaar and Social Security Benefits
Several provisions and rules, including the Food Security (Assistance to State Governments) Rules, 2015, and the Code on Social Security, 2020, allow or envisage the use of Aadhaar for targeted distribution of benefits like food subsidies and social security schemes. Section 142 of the 2020 Code explicitly mentions the potential for seeding the Universal Account Number (UAN) with Aadhaar for social security purposes Awadhesh Kumar VS State of U. P. - Allahabad, Association of Industries and Institutions vs Union of Inida - Delhi. -
Legal and Judicial Perspectives
Courts have examined the requirement of Aadhaar in welfare schemes. In some cases, courts have upheld the voluntary nature of Aadhaar for benefits under social security schemes, emphasizing that non-mandatory enrollment does not violate rights. Challenges related to privacy and data security have been addressed with regulations like the Aadhaar Data Security Regulations, 2016, which impose restrictions on sharing Aadhaar information Sher Khan@Sheru VS State of Haryana - Punjab and Haryana. -
Data Security and Confidentiality
The Aadhaar Act and related regulations prioritize the security and confidentiality of biometric and demographic data, restricting its misuse or unauthorized sharing, which is crucial in social security contexts Sher Khan@Sheru VS State of Haryana - Punjab and Haryana. -
Impact on Beneficiaries
While Aadhaar facilitates targeted delivery and reduces leakages, some petitions have highlighted issues where Aadhaar requirements could potentially exclude eligible beneficiaries, especially the poor, leading to legal scrutiny and calls for safeguards Delhi Rozi Roti Adhikar Abhiyan vs Rajesh Ahuja - Delhi.
Analysis and Conclusion
Aadhaar serves as a key tool for targeted delivery of social security benefits under various legislations, including the Aadhaar Act, 2016, and the National Food Security Act, 2013. Its use is generally voluntary, with legal provisions emphasizing data security and confidentiality. Courts have supported its use for efficient benefit distribution while safeguarding individual rights, although challenges remain regarding exclusion and privacy concerns. Overall, Aadhaar's integration into social security schemes aims to enhance transparency and reduce leakages but must be balanced with protections for beneficiaries’ rights Binoy Viswam VS Union of India - Supreme Court, Awadhesh Kumar VS State of U. P. - Allahabad, Sher Khan@Sheru VS State of Haryana - Punjab and Haryana.
References:
- Binoy Viswam VS Union of India - Supreme Court, Delhi Rozi Roti Adhikar Abhiyan vs Rajesh Ahuja - Delhi, Awadhesh Kumar VS State of U. P. - Allahabad, Justice K. S. Puttaswamy (Retd. ) VS Union of India - Supreme Court, Association of Industries and Institutions vs Union of Inida - Delhi, Najakat Ali VS State Of U. P. - Allahabad, Play Games 24x7 Private Limited, A Company Incorporated Under The Companies Act 1956, Represented By Its Authorized Representative Mr. Sameer Chugh vs State of Tamil Nadu, Through Chief Secretary, Secretariat - Madras, Sher Khan@Sheru VS State of Haryana - Punjab and Haryana, Sharanjit Singh @ Suraj VS State of Punjab - Punjab and Haryana, Youth For Equality VS State of Bihar - Patna
Search Results for "Proof of Aadhaar under Social Security Act"
2017 4 Supreme 673 • India - Supreme Court
Scheme with the enactment of the Aadhaar (Targeted Delivery of Financial and other subsidies, benefits and services) Act, 2016 – ... is voluntary when it comes to taking benefits of various welfare schemes (Section 7 of Aadhaar Act), purpose behind enacting Section ... and other subsidies, benefits and services) Act, 2016 which was not even passed, but only the Aadhaar scheme – Contention of legislative ... Security and confidentiality of information- (1) The Authorit....
• India - Delhi High Court
SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
in compliance with the National Food Security Act, 2013 - Petitioners claimed denial of benefits due to Aadhar requirement - Court ... The respondents argued compliance efforts were in progress without a requirement for Aadhar for food distribution. ... (A) Contempt of Courts Act, 1971 - Allegation of willful non-compliance with court orders - Court examined steps taken by the Government ... Any writ, order or direction in the nature of mandamus and/or any other writ, order or direction directing the Re....
2022 0 Supreme(All) 108 • India - Allahabad
System (Control) Order, 2015 - Food Security (Assistance to State Governments) Rules, 2015 - Aadhaar (Targeted Delivery of Financial ... National Food Security Act, 2013 - Section 2(23), 4, 5, 6, 7, 9, 10 and 12 - Targeted Public Distribution ... Pradesh State Food Security Rules, 2015 - Rule 2(g), 2(h) and 3 - E-PoS Machine – ‘Feeding’ and ‘Seeding’ – Process of - Eligible ... Parliament enacted the National Food Security Act, 2013 to address the issue of food #HL_ST....
2018 7 Supreme 129 • India - Supreme Court
DIPAK MISRA, A. M. KHANWILKAR, ASHOK BHUSHAN, A. K. SIKRI, D. Y. CHANDRACHUD
(Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 – Section 7 – Aadhaar platform not a social ... (Para 204) ... (28) Aadhaar (Data Security) Regulation 2016 – Regulation ... of possession of an Aadhaar number; or (iii) provide proof of an application for enrolment where the Aadhaar number has not been ... According to the State, though the Aadhaar programme is not in itself a social#HL....
• India - Delhi High Court
PRATHIBA M.SINGH
Section 142 of the Code on Social Security, 2020 can form the basis of the seeding of the UAN with Aadhaar. There were four Codes which were introduced in and are stated to have been passed by Parliament in August/September, 2020. ... The only provision in the Code on Social Security, 2020, which has been notified is Section 142 . 6. Pursuant to the notification of a href="./..
2021 0 Supreme(All) 839 • India - Allahabad
ROHIT RANJAN AGARWAL
Section 26(2)(k) - General Clauses Act, 1897 - Section 21, 24 - Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits ... justice - right to receive foodgrains at subsidized rates by persons belonging to eligible households - Grievance Redressal System - Social ... , 2015 – Section 10 – Food Security (Assistance to State Governments) Rules, 2015 - Uttar Pradesh State Food Security Rules, 2015 ... As mentioned above, Under Section 3 of the Aadhaar Act, ....
2025 0 Supreme(Mad) 4765 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, K. RAJASEKAR
- Act amended the Tamil Nadu Gaming Act, 1930, to prohibit online games played for stakes - Petitioners contended that new regulations ... The amended Act stems from previous legislation struck down by the Court regarding online gaming. ... (A) Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022 - Sections 5 and 14 - Challenge to constitutionality ... Further, it is submitted that the online gaming service providers may seek permission for use of Aadhaar authentication, on....
2023 0 Supreme(P&H) 3013 • India - Punjab and Haryana
N. S. SHEKHAWAT
Section 33 (1) of Aadhaar Card 2016 (as amended by Aadhaar (Amendment) Act of 2019). ... Arvind Moudgil, learned counsel for UIDAI submits that the UIDAI is required to maintain the security and confidentiality of the identity information and authentication records of individuals. The Aadhaar Act, 2016 (as amended) imposes restrictions on sharing of information. ... Later on, it was felt that the process of enrolment, authentication, security, confidentiality and use....
2024 0 Supreme(P&H) 386 • India - Punjab and Haryana
PANKAJ JAIN
Bail - Surety Bonds - Code of Criminal Procedure, 1973 - Sections 441, 441A, 443; Aadhaar Act, 2016 - The ... disproportionately affects the poor and emphasized the need for prompt inquiries into the sufficiency of sureties, advocating for the use of Aadhaar ... Authentication for Good Governance (Social Welfare, Innovation, Knowledge) Rules, 2020 to the Secretary Ministry of Electronic and IT in the prescribed form requesting for Aadhaar authentication services in any Court proceedings... ... Authentic....
2023 0 Supreme(Pat) 311 • India - Patna
K. VINOD CHANDRAN, PARTHA SARTHY
planning and ensure social security and insurance is within premise of State – When such action is taken by way of legislation or ... (Paras 64, 66, 72 and 79) Caste Survey in Bihar – Propriety and security concerns – Caste is a matter of descent ... various entities coming under definition of State, Government can adopt such measures for better understanding living conditions, social ... Entry-20 of List-III refers to economic and social planning and Entry 23 deals with social #HL_STA....
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