In 2009, I became extremely concerned with the concept of Unique Identity for various reasons. Connected with many like minded highly educated people who were all concerned.
On 18th May 2010, I started this Blog to capture anything and everything I came across on the topic. This blog with its million hits is a testament to my concerns about loss of privacy and fear of the ID being misused and possible Criminal activities it could lead to.
In 2017 the Supreme Court of India gave its verdict after one of the longest hearings on any issue. I did my bit and appealed to the Supreme Court Judges too through an On Line Petition.
In 2019 the Aadhaar Legislation has been revised and passed by the two houses of the Parliament of India making it Legal. I am no Legal Eagle so my Opinion carries no weight except with people opposed to the very concept.
In 2019, this Blog now just captures on a Daily Basis list of Articles Published on anything to do with Aadhaar as obtained from Daily Google Searches and nothing more. Cannot burn the midnight candle any longer.
"In Matters of Conscience, the Law of Majority has no place"- Mahatma Gandhi
Ram Krishnaswamy
Sydney, Australia.

Aadhaar

The UIDAI has taken two successive governments in India and the entire world for a ride. It identifies nothing. It is not unique. The entire UID data has never been verified and audited. The UID cannot be used for governance, financial databases or anything. It’s use is the biggest threat to national security since independence. – Anupam Saraph 2018

When I opposed Aadhaar in 2010 , I was called a BJP stooge. In 2016 I am still opposing Aadhaar for the same reasons and I am told I am a Congress die hard. No one wants to see why I oppose Aadhaar as it is too difficult. Plus Aadhaar is FREE so why not get one ? Ram Krishnaswamy

First they ignore you, then they laugh at you, then they fight you, then you win.-Mahatma Gandhi

In matters of conscience, the law of the majority has no place.Mahatma Gandhi

“The invasion of privacy is of no consequence because privacy is not a fundamental right and has no meaning under Article 21. The right to privacy is not a guaranteed under the constitution, because privacy is not a fundamental right.” Article 21 of the Indian constitution refers to the right to life and liberty -Attorney General Mukul Rohatgi

“There is merit in the complaints. You are unwittingly allowing snooping, harassment and commercial exploitation. The information about an individual obtained by the UIDAI while issuing an Aadhaar card shall not be used for any other purpose, save as above, except as may be directed by a court for the purpose of criminal investigation.”-A three judge bench headed by Justice J Chelameswar said in an interim order.

Legal scholar Usha Ramanathan describes UID as an inverse of sunshine laws like the Right to Information. While the RTI makes the state transparent to the citizen, the UID does the inverse: it makes the citizen transparent to the state, she says.

Good idea gone bad
I have written earlier that UID/Aadhaar was a poorly designed, unreliable and expensive solution to the really good idea of providing national identification for over a billion Indians. My petition contends that UID in its current form violates the right to privacy of a citizen, guaranteed under Article 21 of the Constitution. This is because sensitive biometric and demographic information of citizens are with enrolment agencies, registrars and sub-registrars who have no legal liability for any misuse of this data. This petition has opened up the larger discussion on privacy rights for Indians. The current Article 21 interpretation by the Supreme Court was done decades ago, before the advent of internet and today’s technology and all the new privacy challenges that have arisen as a consequence.

Rajeev Chandrasekhar, MP Rajya Sabha

“What is Aadhaar? There is enormous confusion. That Aadhaar will identify people who are entitled for subsidy. No. Aadhaar doesn’t determine who is eligible and who isn’t,” Jairam Ramesh

But Aadhaar has been mythologised during the previous government by its creators into some technology super force that will transform governance in a miraculous manner. I even read an article recently that compared Aadhaar to some revolution and quoted a 1930s historian, Will Durant.Rajeev Chandrasekhar, Rajya Sabha MP

“I know you will say that it is not mandatory. But, it is compulsorily mandatorily voluntary,” Jairam Ramesh, Rajya Saba April 2017.

August 24, 2017: The nine-judge Constitution Bench rules that right to privacy is “intrinsic to life and liberty”and is inherently protected under the various fundamental freedoms enshrined under Part III of the Indian Constitution

"Never doubt that a small group of thoughtful, committed citizens can change the World; indeed it's the only thing that ever has"

“Arguing that you don’t care about the right to privacy because you have nothing to hide is no different than saying you don’t care about free speech because you have nothing to say.” -Edward Snowden

In the Supreme Court, Meenakshi Arora, one of the senior counsel in the case, compared it to living under a general, perpetual, nation-wide criminal warrant.

Had never thought of it that way, but living in the Aadhaar universe is like living in a prison. All of us are treated like criminals with barely any rights or recourse and gatekeepers have absolute power on you and your life.

Announcing the launch of the # BreakAadhaarChainscampaign, culminating with events in multiple cities on 12th Jan. This is the last opportunity to make your voice heard before the Supreme Court hearings start on 17th Jan 2018. In collaboration with @no2uidand@rozi_roti.

UIDAI's security seems to be founded on four time tested pillars of security idiocy

1) Denial

2) Issue fiats and point finger

3) Shoot messenger

4) Bury head in sand.

God Save India

Monday, April 15, 2013

3240 - Do you know why Aadhaar is NOT compulsory: Ram Krishnaswamy - KAFILA


http://kafila.org/2013/04/15/do-you-know-why-aadhaar-is-not-compulsory-ram-krishnaswamy/#comments

APRIL 15, 2013
This is a guest post by Ram Krishnaswamy For the last three years activists opposing Aadhaar/UID have argued that it can lead to communal targeting, can aid illegal migrants, can invade privacy, is unconstitutional, does not have parliamentary approval, is illegal, etc. Yet all such objections and more have been successfully stonewalled by UIDAI and UPA leaders.

Further, Aadhaar is not compulsory and so such allegations are considered invalid. The middle and upper class Indians have remained silent about the UID debate, as it does not affect them in the least. The long lines of persons stretching before UID enrollment centers must be proof, then, of the popularity of this concept.

Nandan Nilekani and UIDAI Director General R.S Sharma have repeatedly told the nation that UID, now called Aadhaar, is not mandatory. Yet, over a period of time, they say, it could become ubiquitous, if service providers insist upon it compulsorily, in order to receive their services. To quote UIDAI Chairman, Nandan Nilekani, “Yes, it is voluntary. But the service providers might make it mandatory. In the long run I wouldn’t call it compulsory. I’d rather say it will be come ubiquitous.”

From the time GOI toyed with the idea of a Unique Identity number for the poor and the marginalized Indian population, the nation has been told Aadhaar is not compulsory.

Ever wondered why?

One question activists have never asked is, “Why is Aadhaar not compulsory?”
The reason is so obvious, and staring us in the face all along, yet no one seems to have picked it up. This question throws more light on what is going on and why.

On the very face of it, both these schemes “UID/NPR and Cash Transfers” echo Mohammad Bin Tughlaq – the wisest fool in India’s history so far. Schemes like these are not the way to build a great nation; indeed they may be exactly the way to create a generation of paupers. Poverty was “good” until the time the poor had the dignity to fight it out and move up the ladder. Pauperization however, would kill the very consciousness and self-dignity critical for a nation of 1 billion plus to survive and march forward.

The history of the human race suggests that master position-holders always wanted some form of identification of their slaves. The slave’s name and family links were not adequate. Galley slaves had the letters GAL burnt into their arms. In imperial Russia the Katorshniki (public slaves) were branded in a grisly manner – the letters KAT being punctured on their cheeks and forehead; and gunpowder rubbed into their wounds. In several countries, slaves had their heads shorn, except for a pigtail from the crown. The shorn head was symbolic of castration, loss of manliness, power and freedom. Slavery is one of the most extreme forms of the relation of domination approaching the limits of total power from the view point of the master and the total powerlessness from the view point of the slave. All power strives for authority.

In the current context in India, the “Master” is the State, which suggests that the poor need just Rs 32 a day to survive, while the bourgeois masters can afford to spend Rs 500 for a meal. The “slaves” are the Indian population living below poverty levels, who are told that, unless you have a number linked to finger prints, you will not be allowed to avail subsidised grain at Rupees 3 a kilo. A slave in India today is a socially dead person who can be identified only by a number issued by the master, and not his/her  paternity, or maternity, or other social links to the world.

The question that many activists have often been asked is, “Why should you worry about privacy, if you do not have anything to hide?” The corollary to this question just hit me today, “People who have something to hide certainly do not want a Unique Identity number which is linked to their biometrics, meaning their fingerprints and iris scan.”

Recent sting operations suggest that many banks in India facilitate money laundering allowing corrupt individuals with black money to convert them into white money without the person’s identity being questioned. It is amazing how easily the bankers assist in converting unaccounted black money to white. Now imagine how the corrupt in India would react to Aadhaar being compulsory. The Aadhaar number and associated biometrics can be used by law enforcement agencies to link and expose all hidden stashes, not only in India but even in Swiss banks and Singapore banks, now that Singapore is the haven for parking illegal funds.

If Aadhaar is made compulsory over time, the associated biometrics could be used to expose all corrupt bureaucrats, politicians and businessmen, making them all vulnerable.  Surely the government does not want to facilitate such a monster. That is why Aadhaar is not compulsory. It is time for all activists to challenge UIDAI Chairman and UPA II government to make Aadhaar compulsory, and help flush out the cancer that is eating the nation from within.
Mr Nilekani, once you asked the question, “What am I? A virus?”
Prove to us you are not a virus, by making Aadhaar compulsory for all Indians, rich and poor, and show us that your ‘Imagining India’ was a genuine attempt to serve the nation.

Surely you do not want to facilitate a system where all people are equal, except some people are more equal than others, and have the right to decline an Aadhaar. But rest assured, the day UIDAI and GOI make Aadhaar compulsory, the nation, meaning the rich and powerful, will show you their true colours regarding UID.

As a Nation we should join hands and ask UPA II the question:
“Why is Aadhaar not compulsory ?”

Why does Aadhaar discriminate the haves and have-nots creating a new caste system that will further divide an all ready fragmented country?
Aadhaar is not compulsory so that low life criminal elements like murderers, rapists, embezzlers, tax avoiders, income tax fraudsters, corrupt bureaucrats and politicians and even potential terrorists can continue fearlessly, without  Aadhaar & biometrics to elude law enforcement.

Here are a few notable quotes from people opposing Aadhaar: 
  • “NPR & UID aiding Aliens” – Narendra Modi
  • “UID may aid Communal Targetting” – Aruna Roy & Nikhil Dey, NAC Members
  • “Unique Identity Scheme will take away the Privacy of Indian Citizens” – Mathew Thomas
  • “UID Project Will Make Constitution Of India A Dead Document” – S.G.Vombatkere
  • “Aadhaar will institutionalise Poverty” – Ram Krishnaswamy
  • “UID project is full of ambiguity, confusions and suspicions, but no answers” – Usha Ramanathan
  • “Aadhaar is UIDAI’s unsolicited Testimonials to the Biometric Industry” – David Moss, UK
  • “It is a Bad Idea to Marry UID with NREGA” – Reetika Khera
  • “Nilekani’s reporting structure is unprecedented in history; he reports directly to the Prime Minister, thus bypassing all checks and balances in government” – Home Minister Chidambaram
  • “Aadhaar is not compulsory — it is just a voluntary “facility.” UIDAI’s concept note stresses that “enrolment will not be mandated.” But there is a catch: “… benefits and services that are linked to the UID will ensure demand for the number.” This is like selling bottled water in a village after poisoning the well, and claiming that people are buying water voluntarily. The next sentence is also ominous: “This will not, however, preclude governments or registrars from mandating enrollment.” – Jean Dreze, Visiting Prof of Economics, Uni of Allahabad, Ex-NAC Member
  • “Aadhaar was meant to deduplicate peoples ID’s and Aadhaar itself is a Duplicate of NPR and needs deduplication” – Expenditure Finance Committee (EFC) headed by Secretary Sumit Bose.
  • “Nilekani’s technocratic obsession with gathering data is consistent with that of Bill Gates as though lack of information is what is causing world hunger” – Arundhati Roy
  • “Which is the bigger crime, a poor family double dipping on PDS to stay alive, or Govt wasting mega bucks on a white elephant called Aadhaar?” – Ram Krishnaswamy
  • “In Reality, Aadhaar intrudes into peoples privacy that is hidden under the guise of reaching out” – Srijit Misra
  • “Privacy is not something that people feel, except in its absence. Remove it and you destroy something at the heart of being human” –  Phil Booth, No2ID
  • “The UID is a corporate scam which funnels billions of dollars into the IT sector” – Arundhati Roy
  • “Aadhaar is Built on a Platform of Myths” – R. RamaKumar
  • “If our Government is selling the Country, then we should know at least who they are selling it to” – Veeresh Malik
  • “UID is a ‘Unique Indian Donkey’ that will collapse under the load” – Ram Krishnaswamy
  • The strongest voice opposing finger printing was raised by none other than Mahatma Gandhi, the father of the nation who said, “Let us begin by being clear… about General Smuts’ new law. All Indians must now be fingerprinted… like criminals. Men and women. No marriage other than a Christian marriage is considered valid. Under this act our wives and mothers are whores. And every man here is a bastard.”
But then, who in UPA II even remembers Mahatma Gandhi today, leave alone what he said in South Africa?

Ram Krishnaswamy is an IIT Madras alumnus living in Sydney who has opposed UID/Aadhaar since 2009 and hosts Aadhaar Articles Blog Spot (http://aadhararticles.blogspot.com.au/
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Comments in Kafila:

trojanwalls PERMALINK
April 15, 2013 9:54 AM
This is a helluva confused article. I like some of the points made here – the fact that for the poor adhaar IS becoming mandatory simply because they need the benefits attached while for the middle and upper classes it’s okay to give it a miss if you have something to hide.
But Nilekani isn’t an idiot. If he’d insisted on making it compulsory from the get go then the voices of dissent would have been much louder and stronger with the support of those who don’t want a light shown on their private dealings.
Now if over time something that started out as voluntary gains momentum and popularity through the masses (because dear poster the poor do make up the majority of the state’s population) then the middle classes would get involved too (really, who doesn’t want LPG subsidies transferred to their savings account?) and as more organizations see the benefits of UID, someday – maybe seven, ten years from now – you’ll have the rich fingerprinted alongside the poor.
Come one, guys. It’s a good idea but it wont be hurried. Give it time.
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April 17, 2013 1:22 AM
I like your optimism. If the rich and the corrupt want to hide, even in the long run I doubt corporations providing services will make this mandatory. Just like how they control state policies now. Thus, It has to come from the state – to show that there are no double standards.
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April 15, 2013 12:54 PM
Interesting questions raised. However, this is the probably the exact trap which is laid to trap activists and concerned people about the issues of Aadhar. If we realise the problems with it, it needs to be taken back and not implemented universally. Although I understand what exactly is the author trying to say – and I take these arguments well.
The problem to ending chaos cannot be more chaos. The project is a result of maligned intentions of corporations and its ugly collusion with the state. After this realisation, making it universal formally will only justify the claims of the state to push similar things in the future. And the civil society would have then lost all legitimacy to do anything about it.
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April 16, 2013 3:37 AM
The author opposes UID because it is not compulsory and lets the crooks get away without the need for registering for it? Or that he likes the privileges that these crooks and himself are enjoying currently?
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Comments in other Discussion Groups: ( Names with held )

Ram, I like your swashbuckling style - giving it to them straight on the chin - bravo! But I'm rather scared that our thickheaded rulers might decide to follow your suggestions literally - in an election year, the usual weightage for "pros" and "cons" can get drastically revised.
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Ram,
1.  I am already getting SMS from Public Sector Bank to link my account to Aadhaar. There is a fair interest now in middle class, as it may get linked to LPG service. So it may cover more people in course of time, not just those who have a ration card.
2.  I agree with you that people should question why Government is hesitating from making Aadhaar mandatory  if they believe it is the right thing to do, why have multiple forms of identification ? Whom are they protecting ? Already lot of people escape paying income tax. Even convicts finger-prints and DNA samples are not taken in all jails. (Refer to "Bitti Mohanty" case, which hit the press recently, where a rape convict jumped parole and remained untraceable for 7+ years. It seems his finger prints were not taken.).
3. I am also interested to know what is your counter to the famous statement that "Every Rupee Government spends only 15 paise reaches targeted benficiaries".and related claim that Aadhaar will help this by de-duplication.and using schemes that connect Government to Citizen directly.
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good one rambo
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Ram,
What exactly means 'make it compulsory'?
Would a person be put behind bars if he does not get his UID?
It would seem that the govt would make it 'obligatory' without making it compulsory - the word used by NN was 'obiquitous'. PAN, KYC etc are other such things - if u want a bank a/c or any investment in property, shares, car, jewelery etc - if u dont want any financial dealings, u dont need these. The UID is presently being thought of only as an instrument for availing of govt subsidies but i guess, gradually it would replace all other cards, IDs etc & would become 'compulsary' for all financial transactions.

I wonder if 'compulsory' would mean crooks & politicians would need UID for a swiss a/c???

Let us focus on "how" to make it compulsory - what does it really mean - we need to be specific on these steps to make it an ACTION deal. We can also discuss in this forum the technology, the entire process of making & use of these cards & improvements that can be made.
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Though the authorities are calling it voluntary, it is being forced upon all through various tactics. 

So far as the LPG subsidy is concerned, even the rich enjoy it. So they are also being pressurised.

But far more importantly, the Aadhaar number is an essential component of the NPR (National Population Register) details and the NPR is mandatory for all. So, by implication, the Aadhaar is also mandatory for all. 
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You will need for virtually anything, including sending a courier by DHL!
Check it out. It's beyond reason !!
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Dear Ramji,
I fully agree with you that calling Aadhaar voluntary is a dirty trick
on the part of the authorities.
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FYI - NN has categorically declared that everyone in his family has Aadhar Card. 
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Ram - you really do go to any length to prove a point, right? 
"Any one wondered why NN himself did not apply for an Aadhaar Card ?" 

NN has an Aadhaar which he uses regularly for marking his attendance in the Aadhaar-based-biometric-attendance-system deployed at all floors of UIDAI office in New Delhi. 
While it is okay to argue strongly in favor or against something based on beliefs, by making such loose statements in your emails and blogs, you hide the truth, mislead people, and lose credibility. UIDAI can do many things better which they are not doing currently, but not enrolling rich and influential is not one of them.  
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Rambo,

AADHAR is here & here to stay. I feel it is like 'body search' required for entry to any airport, railway station, hotel, office or wherever - it is not mandatory/compulsory - it is voluntary, you may refuse to enter the premises - u may decide not to visit all such places but if u do, it becomes obligatory. The rich & the powerful do manage to avoid it even at present times, yet, they do enter these places without a 'body search', as it is seen degrading..

Aadhar would soon become 'ubiquitous' in these times of security concern & fake IDs - may soon replace PIN, passwords, Driving License, Credit cards, even ATM cards etc with its unique Biometrics (finger print etc) identification. I was amazed to see finger print id gadgets being used in SBI already by their cashiers, instead of logging in very time with their passwords & they were very happy.

 Now, instaed of opposing it, Let us actually demand that UID be used by ALL - CROOKS & POLICIANS - INCLUDING RICH & FAMOUS - make it compulsory for all bank a/cs, property deals, high-value purchases, cars, political donations, foreign-exchange deals & for all security-related matters. There will be no shame in using it for subsidized rations, gas, birth, death, marriage, travel & yes, a public convenience(if for security matters) or whatever else.

We will have to delineate actual steps & ACTIONS required to make it compulsory - short of putting people behind bars for no UID.

Of course, there is a valid concern of misuse of the data by the "State" for total control, suppression & oppression of the public & "LOSS OF PRIVACY". I would say that is unavoidable & perhaps a small price to pay for the benefits it offers. We can also demand certain safeguards, checks & balances to control that but of course, the risk of a brazen misuse by the state would always be there - as it is, even without Aadhar, police & the Govt machinery have enough data in your PAN, PP, MOBILE BILLS ETC FOR ALL SURVEILLANCE THEY WANT. 

The idea of individual freedom & privacy is just that - an idea - nothing more - when GOOD GOVERNANCE is lacking. NPR is only duplication of the effort & the expenses - really a turf war between two GoI deptts - we need to point out the futility of it & misuse of funds - again a governace issue. 
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One may assume whatever suitable one has in one's mind.

Likewise, a driving license is NOT a must [unless one wishes to drive a vehicle]
Passport is NOT a must [unless one wishes to visit other countries]

Aadhaar is also NOT a must ... unless what?

In India, LPG cylinders have a limited and restricted subsidy for every LPG user. This subsidy shall get refunded directly to the bank accounts linked with Aadhaar cards.

Definitely this is NOT a must for NRIs, but  shall be a MUST for every middle class family of resident Indians, who would like to get that subsidy credited to their Bank accounts.

Without Aadhaar card, the subsidy is lost.

And yet, Aadhaar card is NOT a must and one can forget the subsidy amount.  
Even subsidy is not a MUST... why the hell that is being given?
Government is crazy to give subsidy to the resident Indians.
Now RAM is happy and satisfied. He does not carry a Passport and a Driving Licence because both are NOT a MUST.

:)