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

Sunday, March 13, 2011

1174 - Debate on Aadhaar in Parliament - SHRI M. RAMA JOIS - Member for Karnataka



THE VICE-CHAIRMAN (PROF. P. J. KURIEN):  
Now, you can start. Please conclude in ten minutes.  Take only ten minutes.

THE BUDGET (GENERAL) 2011-12 (CONTD.) 
SHRI M. RAMA JOIS (KARNATAKA):  

 Sir, my first submission is, आम
आदमी आहार चाहता ै ह, लेिकन बजट मȂआधार नÇबर देनेका assurance िदया गया ै ह। 

The Finance Minister on page 120 of his Budget Speech
says that Aadhar numbers at the rate of 10 lakh per day will be given. 

But the question is:  What is the aadhar for this “Aadhar”?   The National Identification Authority India Bill, 2010 is pending before the Parliament.  It was introduced in the last session.  That was an infructuous session.  It was introduced in the middle of it.  Clause 3
sub-clause (2) says that on receipt of certain information an Aadhar number can be given by the Authority.  But the Bill has not been made into an Act and it has not come into force.    I don’t know what the aadhar for giving this Aadhar number is.  This Bill is still pending.  It is a matter of extravagant expenditure and giving Aadhar numbers to 1.2 billion of people is not a joke.  Such an important measure involves crores of rupees and that has not been brought for debate before the Parliament.  The Bill is still at the introductory stage and has not come for consideration.  It may go to a Select Committee or it may go to the concerned Standing Committee.  But nothing has been done so far. The Aadhar number is sought to be given not only to citizens but also immigrants, that is, non-citizens.  The effect of that will be very serious because under articles 14 and 21 of the Constitution
fundamental rights are available  to every person and not merely citizens.  Therefore, once you allow them, regularize their stay in India and give them the Aadhar numbers they will become entitled to even fundamental rights.  The provisions are of  far-reaching consequences
involving colossal expenditure. Though it is an extravagant project for a poor country like India, it is being brought and a budget of Rs.1,900 crores has been allocated, and they have already started implementing it.   If,  for any reason, there are unforeseen problems
and the project can’t be continued at all, then ultimately all the amounts spent will go waste.   Suppose the Parliament disapproves the Bill.  What will happen?  But, unfortunately, the Finance Minister does not even disclose  that the Bill is pending.  Then, how can you
give the  Aadhar number? The  Aadhar number has to be given only after it becomes an Act.   Now  he  says  that  10  lakh Aadhar numbers will be given per day.  I will read the clause which  defines what an Aadhar  number is.   

Clause 2 (a) says that  “Aadhar number” means
the identification number issued to an individual under sub-section (2) of section 3.  Clause 2(b) says that an  “Aadhar number holder” means an individual who has been issued an  Aadhar number under this Act.  It means that once this Bill becomes an Act only an Aadhar number  has  to  be  given.    They  have  proposed  to  give  the  Aadhar numbers just now.
  
There is a very enlightening article on the diverse consequences of this provision.  One Ramakumar, a social scientist from the Tata Institute of Social Sciences, Mumbai, has written an article wherein he has pointed out various flaws of it.  The heading reads,  “The UPA
Government is going ahead with ID project ignoring criticisms and alternative suggestions”.  He says, “Two countries where the issue of national ID cards has been well debated are the United States and the United Kingdom.  In both the countries, the project was shelved after public protests.  Countries such as Australia have also shelved ID card schemes. While China declared its intention to introduce an ID card, it later withdrew the clause to have biometric data  stored in such cards”.   He further says, “The most interesting debate on the issue of
national ID cards have been in the UK.  With the introduction of the Identity Cards Bill in 2004, the Tony Blair Government declared its intent to issue ID card for all the  UK citizens.  Public protests have forced the Labour Government to shelve the policy to date”.

(Contd. by 3Z/VK)VK/3Z/5.20
SHRI M. RAMA JOIS (CONTD):  

It says,  "Identity system may create a range of new and unforeseen problems."  It concluded, "The technology envisioned is to a large  extent untested, unreliable.   No
scheme on this scale has been undertaken anywhere in the world. Smaller and less ambitious systems have encountered substantial technological and operational problems that are likely to be amplified in a large scale."
 It further says, "The costs involved in such a project are always enormous and have to be weighed against the limited benefits that are likely to follow.  In India, the cost estimated by the Government itself is a whopping 1.5 lakh crore.  Even after  the commitment of such levels of the expenditures, the  uncertainty over  the  technological options and ultimate viability of the scheme remains.  In addition, it is unclear whether recurring cost for maintaining a networked system necessary for ID cards to function effectively have been accounted for by the
Government. "  

 Because everyday hundreds of people are dying, and new
number has to be given.   It further says, "In the case  of the UK, the LSE Report noted that the costs of the scheme were significantly underestimated by the Government.    The critique of the LSE Group on the costing exercise
of the  UK Government is a good case study of why the costs of such scheme are typically underestimated.  The LSE Group estimated that costs would   lie   between 10.6 billion and 19.2 billion pounds."
  
Lastly, it said, "What is the social benefit for centralising this information?  Unfortunately, the UPA Government has skipped public debate."

Public debate can only go on in the Parliament and the
Parliament is being avoided.  It is being sought to be implemented.  A big office has been established and crores of rupees have been spent.

I am not speaking on the merits of  the  scheme.    It  may  be  good  or bad, that is a separate issue.  When the Bill is pending, can a project of this magnitude be implemented by merely on executive directions?
This will actually be circumventing the Parliament.    

Ultimately, if the scheme fails,  all the amount that has been spent will go waste. 

 In another article, it says, "In a poor country like this where even toilets are not available, why this luxury of issuing the Identity Cards?"   Praful Bidwai says in this Article, "When the Unique Identification Authority of India was launched last year, there was no debate on its purpose or clarity about what methods it would use to
give each one of 1.2 billion Indians a 16-digit unique identity number."

He further says, "A London School of Economics team analysed a similar project considered by the British Government.  It concluded 'The technology envisioned, is to a large  extent, untested and unreliable.  No scheme on this scale has been undertaken anywhere in the world.   

Smaller and less ambitious systems have encountered
substantial technological and operational problems that are likely to be amplified in a large scale national system.'  The problems will get immensely magnified in India, which is almost 20 times more populous than  Britain.    The  UIDAI's  database  will  be  preyed  upon  by  numerous agencies, Indian and foreign."  
  
That means, there will be no right to privacy

He further states, "The cost  in Britain would be 10-20 billion pounds.  The proportionate cost in India would exceed Rs. 2 lakh crores, enormous for a poor country, where 70 per cent of the population has no toilets.  This means forgoing increased provision of public services."     

This  is  such  a  scheme  that  Rs.  1,900  crores  have  been  allotted. According to the Financial Memorandum, it is Rs. 5,000 crores.  But actually, as worked out by experts, it will be 1.5 lakh crore, which will be required.  It will be a recurring expense because everyday people are going to die and you have to give the number.  

The Subrahmanyam Committee has said, "Even if you are going to issue Identity Cards, let there  be separate cards for citizens and non-citizens be issued Identity Cards of a different colour and design."
            

(Contd. By 4A) RG/5.25/4A

SHRI M. RAMA JOIS (contd.):  

But, unfortunately, the same type of cards is being issued.  Now, article 19 says, “citizen”, while articles 14 and 21 says,  “Every person has a fundamental right, equality and
liberty.”  Then, if a person gets the card, and is issued ‘Aadhaar’, then, that will become ‘Aadhaar’ for him to claim fundamental rights under article 14 and 21.  All these have not been thought of.  When this was being implemented, I was at Bangalore, and I read it in the
Deccan Herald that they were going to implement it.   

Immediately, on 19th  January, 2011, I wrote a letter to the Prime Minister.  I said, “When the National Identification Authority of India Bill is pending before the
Rajya Sabha, I am surprised as to how the project is being
implemented.”  Then, I wrote a letter to Shri V. Narayanasamy, in whose name the Bill was pending,  and then, to the Prime Minister, saying,  “I propose to move an amendment to the Bill in the Rajya Sabha under rule 125 for referring it  to a Joint Committee, in view of the colossal expenditure involved in it.  Hence, I am writing this letter requesting you to inform me as to how steps are being taken when the Bill is pending before Parliament.”  I received a reply from the Prime Minister saying, “Your letter has been received.” There was no other explanation.  Now, under the scheme of the Constitution, when a Bill is pending, it should become an  Act and then the President has to give his assent.  Only then any project can be implemented.  But, unfortunately, a measure of this magnitude, which may, completely, affect our economy, is being implemented and crores of rupees are being spent, without the approval of Parliament.  This is my first point.

The second thing is, as my hon. friends have said, with all your Budgetary provisions, unless there is financial purity, all these will be of  no  use.    I  am  quoting  from  ‘Raj  Dharma’.   “सवȃषाç       एव     शौचानाç  अथ्  शौचं   परं    Îमृतं ।  यो अथȃशुिच्ह स शुिचन्मृÞ – वािर-शिच: शुिच: 

"Meaning to say, of all  your cleanliness, financial purity is most important.  If financial purity is not there, any amount of work, that you undertake, will not make it clean.  What we  see  today  is 2G  spectrum scam, Commonwealth Games scam,  Antrix and Devas agreement, and its cancellation by ISRO, etc.  And, recently,  the Chairman of NALCO has been suspended.  There is nothing in the Budget speech anywhere that some strong measures will be taken, that they will wage
a war against corruption and financial purity will be maintained. 

Without financial purity, all the Budget features are useless.

Then, as far as agriculture is concerned, according to the
speech itself, the contribution of  agriculture to GDP, last year, was 21.7 per cent.  Now it has come down to 14.2 per cent.  And, as far as environment is concerned, the problem is over-exploitation of environment.  This is what the Supreme Court has stated in a judgement that there is inter-generational obligation.  That is most important because the present generation should preserve environment and earth for the use of the next generation.  Man is a part of the environment.  But the man thinks that environment is there for him for his exploitation.  For instance, a German Philosopher says, Let us not flatter ourselves overmuch on account of our human victories over nature.  For each such victory, nature takes its revenge on us.  Each victory, it is true, in the first place brings about the results we expected, but in the second and third places, it has quite different, unforeseen effects which only too often cancel the first.”  

Now, talking about global warming,  why is this happening?  It is because of unscrupulous and unlimited exploitation of natural resources that we have come to this stage.

(Continued by 4B)4b/5.30/ks

SHRI  M.  RAMA  JOIS  (contd.):    I  have  some  more  points  to  make  but because of shortage of time, I would conclude, Sir. (Ends)