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.


Tuesday, April 4, 2017

10954 - Indian expats ‘not eligible for Aadhaar IDs’ - Gulf News



It is responsibility of government departments to exempt NRIs from Aadhaar ambit, top official says

Dr Ajay Bhushan Pandey
Published: 19:45 March 29, 2017


Abu Dhabi: Millions of Non-Resident Indians (NRIs) living across the world do not need to bother about their Aadhaar identity card as it is not applicable to them, a top Indian official told Gulf News on Wednesday.

“According to Aadhar Act, only residents of India are entitled to get an Aadhaar number. NRIs cannot get an Aadhaar because they are not entitled to get it,” Dr Ajay Bhushan Pandey, CEO, Unique Identification Authority of India (UIDAI), said in a telephone interview from New Delhi on Wednesday.

The authority is responsible for the processes of enrolment and authentication of data for India’s unique identification system — Aadhaar — and maintaining India’s Central Identities Data Repository.

Pandey was referring to Section 3.1 of the Aadhaar Act 2016, which says that only a resident shall be entitled to obtain an Aadhaar number.

Although the act does not specifically and explicitly exempt NRIs from the enrolment, the official was referring to the fact that an Indian would be treated as non-resident if he or she did not stay for at least 182 days in India in the preceding year as per other relevant laws, including Income Tax Act. As the Aadhaar act or any government notifications or orders never specifically exempted NRIs from Aadhaar enrolment, there was a widespread impression that NRIs also had to get the card.

As Gulf News reported on Wednesday, Indian expatriates in the UAE had expressed their concerns about the latest move by the Indian government to make Aadhaar card mandatory for accessing several services and transactions. When Gulf News took up these concerns with the Indian embassy in Abu Dhabi and the Indian ministry of external affairs in New Delhi, they said they were awaiting clarifications from New Delhi in this regard.

Dr Pandey explained that the authority was not supposed to issue Aadhaar card to NRIs. “They [NRIs] cannot get a [Aadhar card].”

While applying for Aadhaar card, he explained, Indians have to make a declaration in the application stating that he/she is a resident (not an NRI).

The declaration reads: “I confirm that I have been residing in India for at least 182 days in the preceding 12 months.”
However, when it was pointed out that NRIs have already obtained the card, Dr Pandey said: “The legal position is that they were not supposed to apply for the card. [Moreover] they have given a declaration that they have stayed in India for 182 days [in the preceding year].”

Asked whether Indian expatriates would face any legal action for “illegally obtaining the card”, he said : “I am not sure. But technically there is a violation; they should not have taken it,” Dr Pandey said.

Pressed for an answer on whether the authority would initiative any legal action, he said: “I will have to see on what circumstances NRIs obtained the card.”

Asked whether those NRIs should cancel their cards to be on the safe side of the law, he said there was no provision to cancel Aadhar card. “Once generated, Aadhar number will exist forever.”
The CEO made it clear that NRIs need not worry about access being denied to government services for not having Aadhar card. It is the responsibility of the relevant departments to give exemption to NRIs in this regard, he added.
The departments can get a declaration from the NRI that, being an NRI, he or she is not eligible for Aadhar card.