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 9, 2015

8894 - Aadhar card issue: Supreme Court refers plea to larger bench


Posted on Thursday, October 08, 2015 by Chelsea West

India's Aadhaar Program Faces Judicial Setback

However, since the Chief Justice of India has the powers to constitute a constitution bench, he can expedite the bench for Aadhaar if the Centre succeeds in convincing the court about its urgency.

The present Supreme Court ruling however, can be considered a victory for privacy advocates who have been attacking Aadhaar over privacy concerns since the UID uses biometric data which will be available to various authorities and organisations if it is extended for other services.

Refusing to modify its August 11 interim order allowing linking Aadhaar cards with only public distribution system for distribution of food grains, cooking fuels and LPG cylinders, the Supreme Court today said demands to extend it to more schemes shall be dealt with by the larger constitution bench to which the matter is being referred to. The Centre and its various arms had on Tuesday pitched strongly for voluntary use of Aadhaar cards to provide benefits of various welfare schemes, other than PDS and LPG, at the doorsteps of the aged and weaker sections of society, which are the target groups.
In a related development, a South Carolina constitutional bench is also now debating whether privacy is a fundamental right.
Similarly, the RBI has sought the modification of the order saying that if customers voluntarily share their Aadhaar number, then they may be permitted to do so for the goal of banking transactions.

Over 90 crore citizens have already been issued Aahaar cards by the Unique Identification Authority of India (UIDAI) and crores of rupees had been spent on the UIDAI scheme to connect six lakh villages with various welfare measures.
The Court's 11th August order referring the matter to a larger bench had come on a batch of petitions including by Karnataka High Court's former judge KS Puttaswamy, who have contended that the biometric details being collected for the issuance of Aadhaar violated the fundamental right to privacy of the citizens as personal data was not protected and was vulnerable to exposure and misuse.

"We are of the opinion that it is better that these applications for modification, clarifications and relaxations are also heard by a larger bench", Justice Chelameshwar, heading the bench, said.
It was submitted that the court could not modify its order after referring the matter to a Constitution Bench.