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Aadhaar cannot be made compulsory for welfare benefits: SC

However, government and its agencies cannot be stopped from seeking Aadhaar cards for certain non-welfare schemes such as opening of bank accounts

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New Delhi, March 27, 2017: It was made clear by the Supreme Court today made it clear that the government cannot make Aadhaar cards mandatory as well as its agencies for extending benefits of social welfare schemes.

However, a bench comprising Chief Justice J S Khehar and Justices D Y Chandrachud and S K Kaul, stated that government and its agencies cannot be stopped from seeking Aadhaar cards for certain non-welfare schemes such as opening of bank accounts.

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The bench also mentioned that a seven-judge bench needed to be formed for authoritatively looking into a batch of petitions that challenge the Aadhaar scheme on grounds including that it infringes on the Right to Privacy of citizens.

However, the inability in setting up of the seven-judge bench was expressed saying the decision will be made at a later stage.

It was alleged by senior advocate Shyam Divan, appearing for one of the petitioners that the Central government is not following the various orders that the apex court has passed regarding the fact that the usage of Aadhaar would be voluntary and not mandatory.

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On August 11, 2015, the apex court had stated that Aadhaar card will not be mandatory for availing benefits of the welfare schemes of the government and prohibited the authorities from sharing personal bio-metric data collected for enrollment under the scheme.

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However, on October 15, 2015 its earlier restriction had been lifted and the voluntary use of Aadhaar cards in welfare schemes was permitted that included MGNREGA, all pension schemes and the provident fund besides ambitious flagship programmes like ‘Pradhan Mantri Jan Dhan Yojna’ of the NDA government.

– prepared by Durba Mandal of NewsGram. Twitter: @dubumerang

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Supreme Court seeks Centre’s response on plea challenging polygamy, nikah halala

Under nikah halala, if a Muslim woman after being divorced by her husband three times at different instances wants to go back to him, then she has to marry another person and then divorce the second husband to get re-married to her first husband

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Supreme Court seeks response on plea regarding halala nikkah. Wikimedia Commons

The Supreme Court on Monday sought Centre’s response on a plea challenging the constitutional validity of the practice of polygamy and nikah halala amongst the Muslim community. A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud said the matter would be heard by the constitution bench.

1300 applicants after the new rule came in. Wikimedia commons
Plea against halala nikah, SC waits for Center’s response. Wikimedia commons

The court directed that the matter be placed before the Chief Justice for setting up of an appropriate bench. Appearing for one of the petitioners, senior counsel Mohan Parasaran told the court that the 2017 judgement which had held instant triple talaq as unconstitutional had left these two issues open and did not address them.

A Muslim husband is allowed to have more than one wife. Under nikah halala, if a Muslim woman after being divorced by her husband three times at different instances wants to go back to him, then she has to marry another person and then divorce the second husband to get re-married to her first husband. IANS

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