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

Thursday, October 21, 2010

741 - What the UID conceals - The Hindu

21st October 2010 
R. Ramakumar



The Hindu A woman giving finger print impressions on a digital machine at a special booth set up for the proof of UID project in Medak district. File Photo: Nagara Gopal
The UID project has both ‘security' and ‘developmental' dimensions. The former leads to an invasive state; the latter leaves us with a retreating state.

Is identity the “missing link” in India's efforts to rise as an “inclusive” economic superpower? Can an identity-linked and technology-based solution change the face of governance in India? Given the euphoria around the Unique Identification (UID) project, one is tempted to believe so. However, a careful look at the project would show that the euphoria is just hyperbole; only the politically naïve can afford to ignore the far-reaching implications of this Orwellian project.

One can summarise the criticisms of the UID project under four heads. First, the project would necessarily entail the violation of privacy and civil liberties of people. Second, it remains unclear whether biometric technology — the cornerstone of the project – is capable of the gigantic task of de-duplication. The Unique Identification Authority of India's (UIDAI) “Biometrics Standards Committee” has noted that retaining biometric efficiency for a database of more than one billion persons “has not been adequately analysed” and the problem of fingerprint quality in India “has not been studied in depth”. Third, there has been no cost-benefit analysis or feasibility report for the project till now. Finally, the purported benefits of the project in the social sector, such as in the Public Distribution System (PDS), are largely illusive. The problem of duplicate ration cards is often hugely exaggerated. Even so, some States have largely eliminated duplicate ration cards using “lower” technologies like hologram-enabled ration cards.

In this larger context, the UID project has two distinct political dimensions. The first dimension is that the project is fundamentally linked to “national security” concerns rather than “developmental” concerns. In fact, the marketing team of the UIDAI has always been on an overdrive to hush up the security angle, and play up the developmental angle, to render it more appealing.

The first phase of today's UID project was initiated in 1999 by the NDA government in the wake of the Kargil War. Following the reports of the “Kargil Review Committee” in 2000, and a Group of Ministers in 2001, the NDA government decided to compulsorily register all citizens into a “National Population Register” (NPR) and issue a Multi-purpose National Identity Card (MNIC) to each citizen. To ease this process, clauses related to individual privacy in the Citizenship Act of 1955 were weakened through an amendment in 2003. In sum, the ground work for a national ID project was completed by 2003 itself.

The parallels between the UPA's UID and the NDA's MNIC are too evident to be missed, even as the UPA sells UID as a purely “developmental” initiative. The former chief of the Intelligence Bureau, A.K. Doval, almost gave it away recently, when he said that UID, originally, “was intended to wash out the aliens and unauthorised people. But the focus appears to be shifting. Now, it is being projected as more development-oriented, lest it ruffle any feathers”.

The potential of the project to unleash a security frenzy is the reason why privacy concerns have to be taken seriously. The government and the UIDAI have made it appear as if the purported, and unsubstantiated, benefits of “good governance” from the project eclipse the concerns regarding privacy and civil liberties. This is where the problem lies. A foundational understanding in the study of individual freedoms, pioneered by scholars like Amartya Sen, is that consequence-independent absolute rights are rather hard to defend. Hence, the demand to trade-off one freedom for another (here, the “invasive loss” of privacy for“development”) is an untenable demand. Each freedom, independently, has an instrumental value, and the loss of one freedom undermines the individual's overall capability to expand up on other freedoms. No wonder then that Sen himself has voiced the privacy concern regarding the UID project.

There is a related concern: police and security forces, if allowed access to the biometric database, could extensively use it for regular surveillance and investigative purposes, leading to a number of human rights violations. As Amartya Sen has argued elsewhere, forced disclosure and loss of privacy always entailed “the social costs of the associated programmes of investigation and policing”. According to him, “some of these investigations can be particularly nasty, treating each applicant as a potential criminal.”

The second dimension of the UID project is the following: it would qualitatively restructure the role of the state in the social sector. Contrary to claims, the UID project is not an instrument to expand India's social security system, for whatever it is worth. Instead, the aim is to keep benefits restricted to the so-called “targeted” sections, ensure targeting with precision and thereby, limit the government's expenditure commitments. None other than the Prime Minister has made this amply clear. Addressing the National Development Council (NDC) on July 24, 2010, he noted: “to reduce our fiscal deficit in the coming years, … we must [be] … reducing the scale of untargeted subsidies. The operationalisation of the Unique Identification Number Scheme … provides an opportunity to target subsidies effectively.”

The UIDAI claims that UID would help the government shift from a number of indirect benefits into direct benefits. In reality, such a shift would represent the opposite: a transformation of the role of the state from a direct provider to an indirect provider. For the UIDAI, the UID is a tool of empowerment. In reality, the UID would be an alibi for the state to leave the citizen unmarked in the market for social services. Nowhere is the illustration more telling than in the case of the PDS.

Let me state the argument upfront. The UID project is part of a larger effort to dismantle the PDS in India. The aim is to ensure a back-door entry of food stamps in the place of PDS, and later graduate it to a cash transfer scheme, thereby completing the state's withdrawal from the sphere of food procurement and distribution.

According to the UIDAI, the most important benefit from the UID could be that you could have a “portable” PDS. In other words, you could have a system where you (say, a migrant worker) could buy your PDS quota from anywhere in India. The claim, of course, has a deceptive appeal. One would have to dig deeper to grasp the real intent.

If we take the present fair price shop (FPS) system, each FPS has a specified number of households registered to it. The FPS stores grains only for the registered households. The FPS owner would not know how many migrants, and for what periods, would come in and demand their quota. Hence, for lack of stock, he would turn away migrant workers who demand grains. Hence, the FPS system is incompatible with the UID-linked portability of PDS. There is only one way out: do away with the FPS system, accredit grocery shops to sell grains, allow them to compete with each other and allow the shop owners to get the subsidy reimbursed. This is precisely what food stamps are all about; no FPS, you get food stamps worth an amount, go to any shop and buy grains (on why food stamps are deeply problematic, see Madhura Swaminathan, “Targeted Food Stamps”, The Hindu, August 3, 2004).

What is interesting is that everyone, except those enamoured by the UID glitter, appears to know this. On its part, UIDAI officially accepts that food stamps become easier to implement with the UID. So does the Planning Commission, which sees the UID as the fulcrum around which its plans to “reform” the PDS revolve. It turns out that an opposition to the dismantling of PDS, and to food stamps, also involves an opposition to the UID.

On his part, Nandan Nilekani has been showcasing his extraordinarily poor understanding of India's developmental priorities.

According to him, “in the Indira years, the slogan was garibi hatao. Then it was roti, kapda, makaan. In the last few years, it was bijli, sadak, pani.” However, these slogans are “passé”; the in-thing is the slogan “UID number, bank account, mobile phone.” Such an inverted world view, totally divorced from the grim realities of poverty, has prompted critics to call AADHAAR as just NIRAADHAAR!

In conclusion, the UID project is marked by both “security” and “developmental” dimensions. The former leads to an invasive state; the latter leaves us with a retreating state. Either way, the “citizen” is worse off.

(R. Ramakumar is with the Tata Institute of Social Sciences, Mumbai.)