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.

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

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.


Thursday, March 10, 2016

9463 - Don’t compromise on privacy - The Hindu

March 9, 2016
Updated: March 9, 2016 02:35 IST



The Aadhaar Bill, which the government introduced in the Lok Sabha last week, has not come a day too soon. More than six years have passed since the first attempt was made to give legal validity to Aadhaar, an ambitious project that seeks to provide unique identification numbers to each individual in a country of over a billion people, collecting demographic and biometric information in the process. And through these years, amid many legal and political challenges and a change in government, over 98 crore numbers have been issued. The stated idea of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016, is to provide for “efficient, transparent, and targeted delivery of subsidies, benefits and services”. This, along with a clause that says the unique numbers will not be considered as proof of citizenship, is welcome. And yet, the process of legislating for Aadhaar has not been wholly reassuring. 

The Bill has attracted immediate criticism for being introduced as a money bill, by virtue of which it does not require approval of the Rajya Sabha, where the BJP-led government does not have the numbers to ensure its passage. Bypassing the Upper House’s vote does give the Bill an easy route to becoming law. The question is, given that Aadhaar was a signature project of the Congress-led UPA, could not the government have made the effort to reach out to lawmakers across the board on such a crucial, bipartisan issue?

Wider political consensus and scrutiny are vital. Section 7 of the Bill, for instance, makes proof of Aadhaar necessary for “receipt of certain subsidies, benefits and services”. This must be read in the backdrop of a Supreme Court ruling that said Aadhaar cannot be made mandatory

A key concern over the collection of personal information on this scale is data protection. There are provisions in this Bill that seem to address the concern, including one that prohibits any official from revealing information in the data repository to anyone. But the exceptions cause unease. 

Two provisions are particularly troubling. The first is Section 29(4), by which no Aadhaar number or biometric information will be made public “except for the purposes as may be specified by regulations”. The second, which experts have already flagged, is Section(33), under which the inbuilt confidentiality clauses will not stand when it concerns national security. The only reassurance could be that in such cases the direction has to come from an official who is not below the rank of a Joint Secretary to the government. 

Nonetheless, without robust laws to protect their data, citizens would be rendered vulnerable. It is not about just snooping. It is also being said that in order to be useful and effective, Aadhaar data might have to be used alongside other databases. That could trigger further privacy questions. There is little doubt that India needs to streamline the way it delivers benefits, and to empower citizens with a basic identification document. But this cannot be done without ensuring the strictest protection of privacy.