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 scholarUsha Ramanathandescribes 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, April 28, 2018

13373 - PAN-Aadhaar linkage does not help curb scams: Lawyer to Supreme Court - Economic Times

PTI|
Updated: Apr 26, 2018, 09.31 PM IST

NEW DELHI: A lawyer today opposed the seeding of Aadhaar with the Permanent Account Number (PAN) for income tax in the Supreme Court, saying in no way does it help in preventing financial frauds or curb black money. 

Arguing before a five-judge constitution bench headed by Chief Justice Dipak Misra, which is hearing a clutch of petitions challenging Aadhaar and its enabling 2016 law, the lawyer referred to various recent financial frauds including the Nirav Modi scam and said said none of these could have been avoided by using PAN-Aadhaar linkage. 

"Firstly, giant corporates, rather than individual players, have been the main actors in these scams. Secondly, black money is widely known to be stored by the corrupt in foreign banks which are beyond the reach of Aadhaar," lawyer Gopal Sankaranarayanan, representing NGO 'Centre for Civil Society', said. 

However, the Supreme Court did not agree with his submission that Aadhaar was voluntary and said if a person wanted to avail subsidy benefits, then he or she will have to possess the 12-digit unique identifier. 

The bench, also comprising Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, said "Section 7 of the Aadhaar Act is not voluntary. Someone who wants subsidies will have to have Aadhaar." 

It also said that the provision of the Aadhaar law seeks to identify the beneficiaries who wanted subsidies but does not take away the other forms of identity. 

At the outset, Sankaranarayanan said the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 as a whole "does not violate the fundamental right to privacy". 

However, he said that certain provisions have to be read down so that the Aadhaar law as a whole can continue to serve its essential purpose. 

Opposing the seeding of Aadhaar number with PAN cards under section 139AA of the Income Tax Act, the lawyer said it violated the fundamental rights of equality and life and personal liberty. 

"Individual Income Tax PAN holders (non-corporates)" are targeted by the State by making Aadhaar compulsory, he said, adding "with respect to financial scams, the problem was dummy companies, not individuals. Yet, the companies are not targeted. 

For the purposes of Income Tax Act, Aadhaar has been made mandatory and this cannot be held valid as there was neither "informed consent" of citizens, nor are funds withdrawn from the Consolidated Fund of India. This also does not pass the proportionality test, he said. 

"If the aim was curbing black money and preventing money laundering, then linking PAN with individual Aadhaar holders does not achieve that purpose. Therefore there is no proportionality," he said. 

On security of data, he said that security agencies of the US have shifted to "RSA-3072 level encryption" and the UIDAI is using PKI-2048 encryption which is less secure. 

He, however, said the encryption level, being used by the UIDAI, provided high level protection, but there was still a scope to make it more safe by promptly utilising the latest technology as it dealt with unprecedented levels of personal data. 

The lawyer referred to constitutional scheme which said that if a penny goes out of the Consolidated Fund of India, the government was under an obligation to make a law. He said he trusted CIDR and felt that his data was safe and the safeguards, balances and limitations provided under the Aadhaar Act made it "proportional". 

Senior advocate N K Kaul, appearing for Authentication User Agency (AUA) and KYC User Agency (KUA), said that Aadhaar was a reliable and speedy tool for identification and authentication and there was no reason to hold it invalid. 

Private players like AUAs and KUAs are also governed by the law and they should also be allowed Aadhaar for authentication tool. Aadhaar does not have the learning algorithms like Google and Facebook, he added. 

Advocate Zoheb Hossain, appearing for the Maharashtra government, initiated his submissions favouring the Aadhaar scheme. 

He referred to the UN charter and said it talked about inter-relation between socio-economic and civil political rights and an obligation was cast on the State to ensure that people get rights to food, shelter as provided under Article 21. 

"In this case, the bench is balancing interference with the right to privacy which is the numerator and the denominator is the socio-economic rights of the people. It is not just a case where Part IV (fundamental rights) requirements are being read," he said. 

Hossain would resume advancing arguments on May 2. 

Earlier, the court had questioned the Centre for ordering mandatory seeding of mobile numbers with Aadhaar saying its earlier order did not say that and still that was used as tool to impose it on citizens.


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