In 2009, I became extremely concerned with the concept of Unique Identity for various reasons. Connected with many like minded highly educated people who were all concerned.
On 18th May 2010, I started this Blog to capture anything and everything I came across on the topic. This blog with its million hits is a testament to my concerns about loss of privacy and fear of the ID being misused and possible Criminal activities it could lead to.
In 2017 the Supreme Court of India gave its verdict after one of the longest hearings on any issue. I did my bit and appealed to the Supreme Court Judges too through an On Line Petition.
In 2019 the Aadhaar Legislation has been revised and passed by the two houses of the Parliament of India making it Legal. I am no Legal Eagle so my Opinion carries no weight except with people opposed to the very concept.
In 2019, this Blog now just captures on a Daily Basis list of Articles Published on anything to do with Aadhaar as obtained from Daily Google Searches and nothing more. Cannot burn the midnight candle any longer.
"In Matters of Conscience, the Law of Majority has no place"- Mahatma Gandhi
Ram Krishnaswamy
Sydney, Australia.

Aadhaar

The UIDAI has taken two successive governments in India and the entire world for a ride. It identifies nothing. It is not unique. The entire UID data has never been verified and audited. The UID cannot be used for governance, financial databases or anything. It’s use is the biggest threat to national security since independence. – Anupam Saraph 2018

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

In the Supreme Court, Meenakshi Arora, one of the senior counsel in the case, compared it to living under a general, perpetual, nation-wide criminal warrant.

Had never thought of it that way, but living in the Aadhaar universe is like living in a prison. All of us are treated like criminals with barely any rights or recourse and gatekeepers have absolute power on you and your life.

Announcing the launch of the # BreakAadhaarChainscampaign, culminating with events in multiple cities on 12th Jan. This is the last opportunity to make your voice heard before the Supreme Court hearings start on 17th Jan 2018. In collaboration with @no2uidand@rozi_roti.

UIDAI's security seems to be founded on four time tested pillars of security idiocy

1) Denial

2) Issue fiats and point finger

3) Shoot messenger

4) Bury head in sand.

God Save India

Wednesday, August 23, 2017

11832 - SC verdict on right to privacy this week: How this crucial case will impact Aadhaar, state action - First Post



IndiaFP StaffAug, 22 2017 09:16:50 IST

Among a few historic judgments the Supreme Court is expected to pronounce this week is the verdict on whether right to privacy can be elevated to the status of a fundamental right under the Constitution. This verdict is likely to define the relationship between Indian citizens and the state in the digital era, and will impact the outcome of several cases where aspects of Aadhaar have been challenged, with petitioners arguing that making the scheme mandatory violates rights to privacy and equality.

The verdict on right to privacy and Aadhaar, on which much has been speculated on in public debates, is one of the final verdicts Chief Justice JS Khehar will deliver before retiring on 27 August. Other judgments likely to be announced this week include a verdict on triple talaq.

The other judges hearing the case are Justice J Chelameswar, Justice SA Bobde, Justice RK Agrawal, Justice Rohinton Fali Nariman, Justice Abhay Manohar Sapre, Justice DY Chandrachud, Justice Sanjay Kishan Kaul and Justice S Abdul Nazeer.

On this case, while critics have said that the 12-digit biometric unique identity number Aadhaar violates privacy and helps government spy on people, the government has said citizens have a right to privacy but it is not an absolute right. Judges have differed with the government, saying, “Textually it is correct today that there is no right to privacy in the constitution. But even freedom of press is not expressly stated. This court has interpreted it.” Here is a summary ahead of the apex court's verdict:

On the concept of privacy
The counsels for the petitioners, who include top legal eagles like Gopal Subramanium, Soli Sorabjee and Shyam Divan, have made an argument showing how linking of Aadhaar number violates personal privacy of citizens. So far, the apex court appears to be in agreement that there exists an 'amorphous' or undefined concept of privacy in the fundamental rights.

The government asserted that the linking of Aadhaar with PAN cards was made mandatory to weed out fake PAN cards, which were used for terror financing and circulation of black money, while terming the concerns over privacy as "bogus". It said that while citizens have a right to privacy, it is not an absolute right under the Constitution.

What will the Supreme Court decide on?
The nine-judge bench will not decide the fate of Aadhaar in terms of its validity, but only the nature and status of the right to privacy under the Constitution. The ruling will, however, have a far-reaching impact on the function and currency of the Aadhaar card.

According to a report in The Hindu, the court said that in order to recognise privacy as a right, it would first have to define it. That would pose a serious challenge as an element of privacy pervaded all fundamental rights enshrined in the Constitution.

Effect of a fundamental right to privacy on State action
Petitioners argued that the entire degree of protection granted to the right to privacy is higher as a fundamental right, Asheeta Regidi reported. Recognising privacy as a fundamental right will create a change in the relationship between the State and the citizen. For example, taxi aggregators in Mumbai have to mandatorily hand over their professional and personal data to the State. Once it is a fundamental right, the State's power to collect and handle data will change, and perhaps be diluted. 

Also, the State's collection of biometric data for Aadhaar through the exercise of executive fiat wouldn't have been possible without first enacting a law which passes the muster of Articles 14, 19 and 21.

Kharak Singh and MP Sharma cases as bad law
The main reason for the reference of this case to a nine-judge bench are the conflicting cases of Kharak Singh and MP Sharma, six and eight-judge judgments respectively which denied the right to privacy, and numerous other judgments that followed based on them. There are now over 40 judgments today given by Indian courts which recognise the right to privacy, but these are given by benches of a lower strength. Thus, a lot banks on the Supreme Court's decision on whether the Kharak Singh and MP Sharma cases are 'good law'.
The counsels for the petitioner have made an arguments that they are not, particularly focusing on the fact that neither of these cases dealt specifically with the right to privacy. Also, these judgments were passed in the 1950s and 1960s, long before the digital age, they said.


How other countries view privacy
In the United States, while the right to privacy is not mentioned in their constitution, the Supreme Court has interpreted several amendments to say that the right does exist. The Fourth Amendment prevents search without a "probable cause". Other amendments allow Americans to take certain decisions about their bodies and their private lives without government interference. There are several other laws  as well to protect privacy in the United States.

In 2015, Japan adopted a system of citizen identification which united personal tax information, social security and disaster relief benefits. It was launched amid protests by critics who were worried by the privacy concerns it posed. The 'My Number' programme has been implemented in co-existence with the privacy laws in Japan. As it is still being integrated into the Japanese daily life, the effects and clashes between privacy and governance are yet to be seen.

Europe is governed by the Data Protection Directive which restricts how information can be processed and used. It requires that member states "implement technical and organisational
measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access”, and to establish judicial remedies for breaches.

With inputs from agencies