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.


Sunday, May 7, 2017

11266 - adhaar-PAN card mismatch is real pain for some; why linking the two was a flawed step - First Post

Apr, 06 2017 16:45:23 IST

The litany against the Aadhaar won’t die down until the government comes up with a reasonably meaningful explanation on why it is linked to all basic services that a citizen needs - from bank accounts to filing income tax returns.

Of late, the government has been publishing notification after notification making Aadhaar must for government services and subsidies, despite the Supreme Court's directive that it should not be made mandatory for availing services. In fact, the government even amended the Income Tax Act to include a section that makes Aadhaar number mandatory for filing returns. According to the latest rules, linking of Aadhaar number with the PAN has to be done before 31 July else the PAN card may become invalid.

This particular requirement is actually putting the public to trouble as the linking of Aadhaar with PAN is easier said than done. For the linking to be successful, the name, date of birth and gender in the PAN and Aadhaar have to match. While date of birth and gender may not be that big a problem, name is indeed a problem. For instance, it has to be remembered that women in India often change their name after marriage. Many may have got their PAN much earlier while Aadhaar was only recently introduced.

More importantly, according to a report in The Times of India, Aadhaar does not recognise special characters in names like D'Souza, while PAN does.

Why is anyone surprised that there are glitches with the Aadhaar, asks Gopal Krishna of the Citizens Forum for Civil Liberties (CFCL). He contends that with the Aadhaar number being a biometric card with four numbers hidden beyond the 12-digit number given to the resident, linking the PAN with the Aadhaar would pose challenges.

He suggests a way out for those citizens who are finding it difficult to file IT returns due to errors in their Aadhaar card. Citizens should file the returns online and send a hard copy, attaching the Supreme Court's order on Aadhaar by Speedpost. “The IT department cannot say the citizen has not filed his return as the hard copy sent will go on record,” he says.
There is also a provision in the I-T Act for those who do not have a PAN card. This panic is being deliberately created, says Krishna, to persuade people to go in for Aadhaar.

While the Supreme Court is clear that enrolling for Aadhaar is not mandatory, through Section 7 of the Aadhaar Act passed by Parliament this March, the government of India has effectively made Aadhaar enrollment mandatory for receiving any subsidy, benefit or service for which expenditure is borne out of the Consolidated Fund of India, this report in The Economic Times said.

Since the government itself is not heeding what the Supreme Court has said, the citizens must follow suit and not give in to the government’s stubbornness, says Krishna. “Don’t politicians break the law all the time? The government has been proven wrong time and again in the courts. Even Mahatma Gandhi broke the Salt law in a bid to win freedom for the country. So I would urge citizens to go in for civil disobedience and the state will be forced to take cognizance of the impracticality of Aadhaar,” he suggested.

Anita Gurumurthy, founding member and executive director of IT for Change points to the recent case of cricketer Mahendra Singh Dhoni’s Aadhaar details made public. Gurumurthy cites instances of daily wage labourers who have been unable to get their wages from their accounts due to improper feeding of personal details on the Aadhaar card.

The PAN card is used primarily to file income tax returns as mandated by the income tax department. The fundamental issue with the Aadhaar is that its scope is being widened by the government to areas where it was not intended and hence the increasing number of errors associated with it, says Alok Prasanna Kumar, an advocate based in Bengaluru.
The definition of a citizen under the Aadhaar is different from that under the I-T Act, says Kumar. “If you fail to file your I-T returns, the department can track you and they don’t need an Aadhaar to do that,” he says.

Prashant Mali, advocate and international cyber law and cyber security expert throws more light on the PAN and Aadhaar. “PAN has a database which accepts names in any format, while the Aadhaar does it only in its own stringent format. If we apply for change in PAN then we need to update a) bank details, b) insurance details, c) rent details, d) PPF details and e) demat details. Essentially, everything that is related to PAN."
Mali says that he is against Aadhaar having a biometric data base. "Linking of the PAN with the Aadhaar is an exercise never thought from the software code point of view. In the future, if the government wants to link anything to Aadhaar, it must be done after a source code software system review. The security threat to the Aadhaar data hangs over us like Damocles sword," he said.

Published Date: Apr 06, 2017 04:44 pm | Updated Date: Apr 06, 2017 04:45 pm