uid

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


Special

Here is what the Parliament Standing Committee on Finance, which examined the draft N I A Bill said.

1. There is no feasibility study of the project]

2. The project was approved in haste

3. The system has far-reaching consequences for national security

4. The project is directionless with no clarity of purpose

5. It is built on unreliable and untested technology

6. The exercise becomes futile in case the project does not continue beyond the present number of 200 million enrolments

7. There is lack of coordination and difference of views between various departments and ministries of government on the project

Quotes

What was said before the elections:

NPR & UID aiding Aliens – Narendra Modi

"I don't agree to Nandan Nilekeni and his madcap (UID) scheme which he is trying to promote," Senior BJP Leader Yashwant Sinha, Sept 2012

"All we have to show for the hundreds of thousands of crore spent on Aadhar is a Congress ticket for Nilekani" Yashwant Sinha.(27/02/2014)

TV Mohandas Pai, former chief financial officer and head of human resources, tweeted: "selling his soul for power; made his money in the company wedded to meritocracy." Money Life Article

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

To refer to Aadhaar as an anti corruption tool despite overwhelming evidence to the contrary is mystifying. That it is now officially a Rs.50,000 Crores solution searching for an explanation is also without any doubt. -- Statement by Rajeev Chandrasekhar, MP & Member, Standing Committee on Finance

Finance minister P Chidambaram’s statement, in an exit interview to this newspaper, that Aadhaar needs to be re-thought completely is probably the last nail in its coffin. :-) Financial Express

The Rural Development Ministry headed by Jairam Ramesh created a road Block and refused to make Aadhaar mandatory for making wage payment to people enrolled under the world’s largest social security scheme NRGA unless all residents are covered.


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Friday, October 2, 2015

8792 - RBI, Sebi move Supreme Court for Aadhaar clarity - Asian Age

Sep 30, 2015 - J.Venkatesan | New Delhi
The Supreme Court will hear on October 6 a batch of applications filed by RBI, SEBI, states of Gujarat and Jharkhand seeking modification of the interim order restraining the authorities from insisting on Aadhaar card for availing benefits from the government.

A three-judge Bench of Justices J. Chelameswar, S.A. Bobde and C. Nagappan posted the applications for hearing after brief submissions from senior counsel Harish Salve and additional solicitor-general Tushar Mehta.

In its application, the Reserve Bank said the interim order should not prevent banks and financial institutions from accepting Aadhaar cards from persons who voluntarily submit the same for the purpose of proving their identity either in the absence of any other officially valid document or otherwise.
It also wants the court to clarify that the August order does not preclude the banks from verifying and accepting valid Aadhaar card as identification of customers in case so desired by the customer.

The Reserve Bank of India submitted that the order should not restrict banks/financial instituions, payment systems from verifying and accepting a valid Aadhaar card from willing customers wanting to avail banking/financial services and banks from seeding valid Aadhaar card numbers to bank accounts of customers for receiving government subsidy for other remittances.

“The banks and other FIs are required to know their customers before opening an account. This helps in preventing frauds. If the banks and FIs are required to stop using the Aadhaar car for these purposes, it would seriously retard the pace of financial inclusion for inclusive growth which is not in the interests of the poor people and the country at large,” the RBI’s application said.

In its plea SEBI said “ Aadhaar card can act as a single document for both proof of identity and addressd for an individual. It offers easy and simplified mode of completion of Know Your Client (KYC) requirements while on-boarding a client by any registered intermediary in terms of Prevention of Money Laundering norms. It can act as a tool for monitoring various transactions by individuals across financial markets and help in fraud detection.

Gujarat rejected the claim of right to privacy and said Aadhaar card enables benefits to the society at large, especially the marginalized and underprivileged sections of society.

In this entirely consensual process of accessing benefits from State and Central governments the question of individual’s right to privacy being affected or violated in any way does not arise.