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

13374 - Aadhaar linkages case: SC not happy with idea of Aadhaar as universal identity- India Legal Live

April 26, 2018

Hearing the case about Aadhaar linkages the Supreme Court bench of Chief Justice Dipak Misra and Justices A M Khanwilkar, D Y Chandrachud and Ashok Bhushan on Thursday (April 26) was told by senior counsel Gopal Shankaranarayanan that there could be a day when all other identities could lapse and only Aadhaar survive. The bench was not happy with that.
The counsel said:  “In order to avail of services I need to identify who I am.”

Justice Chandrachud said: “It does not affect constitutional rights as its the sole purpose is social welfare. He cited Justice Kaul’s judgment and said that it is a proof and evidence of identity. He said it affects in some manner the privacy, but if we look to it from an affirmative point of view. It does not affect the core identity of an individual.”

The counsel says identification is essential for availing of the services. “Now the question arises, for what all purpose is this identification is used? Identification of identity is essential to article 21. Right to identity is accepted internationally.”

Justice Chandrachud said: “There are two purposes of Aadhaar. They are:
  1. Uplift the standard of living
  2. Reasonableness
The counsel said that there is a disclosure in 3 (2) of the act. If at some stage Aadhaar becomes the universal identity, then all other schemes of human identity will lapse with time.

To this Justice Chandrachud said: “For travelling we will need passports, for driving we will need driving licenses. Aadhaar cannot substitute each and every document.”

To that counsel Shankaranarayanan said there was a balance in Aadhaar Act.
He said Aadhaar passes the tests of:
  1. Being voluntary
  2. Consent
  3. Consolidated fund.
Justice Chandrachud immediately pointed out that “it’s not voluntarily but a mandatory requirement, and you are attracting 139(a). If you want to avail services you need to have Aadhaar”.
The issue of storage of information again came up, to which the counsel said that the object of the act is effective and secured information. “Therefore, in my view, the act passes the test of proportionality.”

Justice Chandrachud said: “There is no doubt that technology needs to be upgraded, but it does not mean that its consequential issues can be ignored.”

The counsel said that the authority must be a body corporate and that the information collected shall only be used for the purpose it was collected and not otherwise. He said that substantial protection has been provided under the act.

Another counsel made his submission. He said: “If we go to a private player the private player has the option of going to AUA and PUA which is governed by the act. Therefore private sector would be regulated.”“In chapter 6, it is provided that if information given for Aadhaar is used for any other purpose then requisite action will be taken. The information in Aadhaar sticks to Aadhaar Act and section 48 A of the IT Act.”
He said there are two things:
  1. If you want to use Aadhaar, use the Aadhaar. There is no compulsion for this.”
  2. About the security issue he said that the AUA or PUA carries out the authentication governed by the act or it can be suggested that a regulated body carries out the authentication process. There is no unregulated authentication and identification process.
He also said that it is wrong to say that there is a central depository body where all data is being collected. “Only basic demographic data is collected,” he said.

Justice Chandrachud said: “The problem is not with the UIDAI Act.”

The counsel again repeated what has been said before. He said other sites like Amazon, Facebook etc. have complex algorithms. Aadhaar does not enable such things and there is no such central regulatory authority.
Another counsel submitted that this is not the case of finding the reasonable balance between privacy and socio-economic rights, but here we need to assure the welfare of the society as a whole.

He said there are three kinds of duties:
  1. Duty to respect
  2. Duty to protect
  3. Duty to fulfill
Aadhaar creates that infrastructure that will help in progress and welfare of the state and better imparting of duties, he said.
There will be more submissions in this on Wednesday.
—India Legal Bureau