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, November 25, 2010

862 - Data Security And Privacy Laws Missing In India - Techno Legal News and Views.

Posted on 22nd Nov 2010
Bt Ram K Kaushik

Have you ever noticed that projects like Aadhar, national intelligence grid (Natgrid), crime and criminal tracking network & systems (CCTNS), etc have some common features? The first is that they all have great potentials to violate civil liberties of Indians like privacy rights. Another common feature is that all of them are projects related to law and order and intelligence gathering, irrespective what government claims, thus promoting the e-surveillance capabilities of India.

In the absence of privacy laws in India and data protection laws in India most of the essential projects of government of India cannot proceed further. For instance, the UID project managed by unique identification authority of India (UIDAI) has no legal backing at all. Naturally, both Aadhar project and UIDAI are illegal and unconstitutional.

So much so that even if the Parliament of India approves the inadequately formulated National Identification Authority of India Bill 2010 (NIDAI Bill) by UIDAI Chairman Nandan Nilekani, it still remains “unconstitutional”.

According to Praveen Dalal, Supreme Court Lawyer and leading Techno Legal Specialist of India, “The NIDAI would face the challenge of “Unconstitutionality” on two counts. Firstly, the authority must be constituted by a proper law. This requirement would be fulfilled if the Bill is made an enforceable law. The second is that it must not violate the Civil Liberties of Indians. This is a tricky issues and the same has also been avoided by the present Bill. Therefore, for the time being, both Aadhar Project and UIDAI/NIDAI are “Unconstitutional” Project and Authority.

This is a serious statement that Indian government must appreciate. Although the ministry of personnel, public grievances and pensions has issued an approach paper, yet it is far from being considered a serious attempt by India government regarding enactment of privacy laws and data protection laws.

The real problem is that Indian government is imposing e-surveillance projects upon Indians and we are doing nothing in this regard. Even the cabinet committee on security (CCS) has become silent after the initial objection to the Natgrid project by Home Ministry of India.

If at all India is serious about privacy laws and data protection laws, the initiative must come from none other than the prime minister’s office (PMO), India. After all PMO is not just a designation but a big responsibility that it is not fulfilling currently, says Praveen Dalal.

This entry was posted in AADHAR PROJECT OF INDIA, CITIZEN JOURNALISM, CIVIL LIBERTIES IN INDIA, CIVIL LIBERTIES PROTECTION IN CYBERSPACE, CJNEWS, DATA PROTECTION LAW IN INDIA, DATA SECURITY IN INDIA, E-SURVEILLANCE IN INDIA, NATGRID, NATIONAL INTELLIGENCE GRID, NATIONAL INTEREST OF INDIA, PRAVEEN DALAL, PRIVACY LAW IN INDIA, PRIVACY RIGHTS IN INDIA, UID PROJECT OF INDIA, UNIQUE IDENTIFICATION AUTHORITY OF INDIA, UNIQUE IDENTIFICATION PROJECT OF INDIA. Bookmark the permalink.
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