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

Saturday, March 17, 2018

12984 - 0 Aadhaar questions answered for you - Live Mint


The Supreme Court has extended the Aadhaar linking deadline indefinitely. How does this affect you? We answer some of your questions

Last Published: Wed, Mar 14 2018. 08 16 PM IST

The deadline for linking mobile phones and bank accounts has been extended, but you’ll still need the unique ID for opening a bank account and applying for a tatkal passport. Photo: Pradeep Gaur/Mint

The Supreme Court has stepped in and pushed the Aadhaar linking deadline just a few days short of 31 March. Some respite, this. But how do you cope in an Aadhaar-prepped world? From hotels to healthcare to financial services, everyone seeks to authenticate you through Aadhaar. What do you need to do if it’s the only ID card they’ll accept? Mint steps back and looks at 10 questions you need to answer before you flash your Aadhaar card.

What is the new deadline?
The deadline for linking mobile phones, bank accounts, and other several financial services to Aadhaar has been extended. Once the Supreme Court has decided on Aadhaar-related matters, a new deadline may be announced. A constitution bench of the court is hearing cases challenging the constitutional validity of Aadhaar Act, as well as that of linking it to various services. On 15 December 2017, Supreme Court had extended the deadlines for linking it to government-subsidized welfare schemes and services and set 31 March 2018 as the new deadline. However, this time it has been extended indefinitely except for welfare schemes and subsidies. The Supreme Court had also said that Aadhaar should be purely voluntary and that it could not be made mandatory until the matter is finally decided by the court.

So I don’t need an Aadhaar for a new bank account?
No, you still need an Aadhaar or an Aadhaar enrolment ID to open a new bank account. While the 15 December order had extended the deadline to link existing bank accounts with Aadhaar, it did allow that the Aadhaar enrolment ID be submitted to banks to open a new bank account. However, other financial services like buying insurance and mutual funds can still be done without Aadhaar. The extension also applies to the linking of PAN with Aadhaar.

What must I link with Aadhaar?
The government had made it mandatory to link Aadhaar with several services including bank accounts, mutual funds, insurance policies and small savings schemes like the Public Provident Fund. This was done through amending the Prevention of Money Laundering (Maintenance of Records) Rules, 2005. Also, the permanent account number (PAN) had to be linked with Aadhaar in order to file income tax returns. Mobile phone connections were also to be linked with Aadhaar. 

In addition to these services, several state and central government welfare schemes were to be linked with Aadhaar. This included schemes that involved getting a subsidy through direct benefit transfer like subsidy for LPG or scholarships, among others. The deadline extension is not for these welfare schemes and subsidies. For these, the deadline remains 31 March.

What if I don’t link?
For now, you don’t have to. However, if the Supreme Court finally decides that the services need to be linked to Aadhaar, you will have to do so. But what happens if you don’t link even after that? The financial institutions we spoke to are not clear what will happen if an individual fails to link Aadhaar with these services. However, according to the amended Prevention of Money Laundering rules, in case the bank account holder fails to do so, her access to the account will be blocked, and will be granted only after Aadhaar, or proof of enrolment in Aadhaar, have been submitted.

While it is clear as per rules that the access to bank accounts could get blocked, it is not clear yet if account holders will continue to earn interest on their deposits or savings in case of PPF, or servicing of insurance policies would stop altogether.

Can I delink Aadhaar?
As of now, there is no provision or mechanism to delink the Aadhaar that is already linked with some service or welfare scheme.

I have been getting reminders from banks and telecom companies. Even though the deadline has been extended, should I link Aadhaar?

As long as the Supreme Court does not give a final decision, no services, including bank accounts or mobile connections, can be discontinued by the service providers for the want of Aadhaar. If the linking systems are active, it is up to you to decide if you want to link it with the services.

Will I lose out on something if I do not link the services?
No, financial and telecom services will not be affected. Your accounts or phone connections cannot be discontinued. Moreover, the UIDAI has specifically insisted that no essential services like hospitalization, medical help, school admissions or ration through PDS, can be denied to a beneficiary if she does not have Aadhaar or Aadhaar authentication does not work. 

“Under no circumstance, anyone can be denied a service just because he/she doesn’t have an Aadhaar. If one does not have Aadhaar or if Aadhaar online verification is not successful due to some reason, the agency or department has to provide the service as per Section 7 of Aadhaar Act, 2016 and Office Memorandum dated 19 December 2017 by using alternate means of identification…” the UIDAI said in a press release in February.

What happens if I don’t give Aadhaar for government schemes?
The UIDAI has insisted that essential services like hospitalization and PDS will not be denied. Also, Section 7 of the Aadhaar Act provides some scope for other forms of authentication. However, direct benefit transfers, which means receiving money directly in bank account as a subsidy or government scholarship, could be discontinued if Aadhaar is not provided.

Can private companies ask for Aadhaar number?
The UIDAI provides authentication services to several service providers including private companies, which can be used to establish the KYC details of an individual. Service providers using this facility are to be registered with the UIDAI as Authentication User Agencies or e-KYC User Agency. The list of active AUAs or KUAs is available on the UIDAI website)

What do I do if some private service provider asks me for my Aadhaar number?
As long as the Supreme Court does not make a final decision, any commercial service-provider cannot insist on only Aadhaar. In case of hotels, an identity proof can be asked for and the hotel should accept any government approved identity proof. If a hotel or any other service provider denies services just for Aadhaar, you can ask them to give this in writing and threaten with legal action since there is no redress for you through the UIDAI.

(The answers have been complied based on discussions with lawyers, executives of financial services companies, government officials, CBDT spokesperson; and information available on the UIDAI website.)


First Published: Wed, Mar 14 2018. 06 47 PM IST