By- Anupam Saraf
Dear HR
 
In response to your drive to update Aadhaar I would like to draw your attention to the following:
 
1. More than a dozen PILs including several challenging the Aadhaar and its linking to various databases are pending before the Supreme Court. In the meantime the order dated Oct 15th 2015 of a five member bench headed by the then Chief Justice of India reiterated all its previous orders in the matter of WP(C) 494/2013 continue to hold force. In particular we draw your attention that the court  stated that:

(a) “We will also make it clear that the Aadhaar card Scheme is purely voluntary and it cannot be made mandatory till the matter is finally decided by this Court one way or the other”. Anyone mandating Aadhaar would amount to a contempt of the Supreme Court of India.


 
(b) “We impress upon the Union of India that it shall strictly follow all the earlier orders passed by this Court commencing from 23.09.2013”.

(c)  In its first order of September 23, 2013  court had highlighted that “In the meanwhile, no person should suffer for  not  getting the Aadhaar card inspite of the fact that some authority had  issued a circular making it mandatory”. No-one can cause any person to suffer inspite of any authority having mandated Aadhaar. Any discontinuation of contribution towards Employees’ Pension Scheme cannot be made to Employees’ Provident Fund Organization (EPFO) would amount to causing suffering and a contempt of the Supreme Court of India.
 
2. Furthermore section 7 of the The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016  states  that “Provided that if an Aadhaar number is not assigned to an individual, the individual shall be offered alternate and viable means of identification for delivery of the subsidy, benefit or service.” I have not been assigned an Aadhaar and have already provided many alternate means of identification on the basis of which you have been contributing to  Employees’ Pension Scheme to Employees’ Provident Fund Organization (EPFO).
 
3. Furthermore, the use of Aadhaar for linking to other databases, retention, storage or publishing is not only not permitted but prohibited and also a punishable offence under sections 8, 29 and 37 the The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016Anyone asking to retain, link, store or publish the Aadhaar, will be in violation of the Aadhaar Act.

I trust you will bring these facts to the attention of anyone in the Union of India or its EPFO who insist on mandating Aadhaar. I am also sure you will raise complaints and serve notices, to appropriate authorities, to protect my rights and pension contribution. I am sure you will ensure that my rights and my pension contributions do not suffer in anyway because of any coercion, contempt of the orders of the Supreme Court or violation of the The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016

 
Thanking you for your support as always,

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