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

Wednesday, June 22, 2011

1421 - Democracy’s fig leaf- Source - Dawn

 Jawed Naqvi
 May 19, 2011

 AFTER one of the inconclusive elections in Germany in 1933, Adolf Hitler ordered his Nazi deputies to vote with the communists — even though the idea was nauseous to him — to bring down the government of Chancellor Franz von Papen.

Sensing the plot to topple him, Papen got President Hindenburg to sign a decree to dissolve the parliament. How Hermann Goering, the Nazi speaker of the Reichstag, foiled Papen’s plan is captured by William Shirer in some amazing detail. It has the flavour of political vaudeville, the type of which has since been repeated in many democracies, including India.

Shirer writes: “When the session reconvened Papen appeared with the familiar red dispatch case which, by tradition, carried the dissolution order he had so hastily retrieved. But when he requested the floor to read it, the president (speaker) of the Reichstag managed not to see him, though Papen, by now red-faced, was on his feet brandishing the paper for all in the assembly to see.

“All but Goering. His smiling face was turned the other way. He called for an immediate vote. By now Papen’s countenance, according to eye-witnesses, had turned from red to white with anger. He strode up to the president’s rostrum and plunked the dissolution order on his desk. Goering took no notice of it and ordered the vote to proceed. Papen, followed by his ministers, none of whom were members of the chamber, stalked out.

“The deputies voted: 513 to 32 against the government. Only then did Goering notice the piece of paper, which had been thrust so angrily on his desk. He read it out to the assembly and ruled that since it had been countersigned by a chancellor who had already been voted out of office by a constitutional majority it had no meaning.”

It is axiomatic that dictators use the façade of democracy as a useful fig leaf to gain legitimacy for their unpopular mission.

Hitler would return to parliament every four years to get his rule rubber-stamped though, really speaking, he didn’t need to.

Pakistanis are all too familiar with military dictators aligning the constitution to their requirements rather than keeping it perpetually suspended.

Of course it doesn’t always take a dictator to subvert the people’s mandate. Democracy can be and quite often is sabotaged by popularly elected deputies. Two examples come to mind where the speakers of Indian state assemblies, both incidentally belonging to the Bharatiya Janata Party (BJP), followed Goering’s lead with remarkable similarity.

For one, India’s Supreme Court this week censured the speaker of the Karnataka assembly who had arbitrarily disqualified 16 members of legislative assemblies (MLAs) ahead of a trust vote last year. The BJP survived the contest after 11 party rebels and five independent deputies were removed from the arithmetic in the house. The apex court said the disqualifications were illegal.

“There was no compulsion on the speaker to decide the disqualification application … in such a great hurry within the time specified by the governor to conduct a vote of confidence in the government … The element of hot haste is also evident in the action of the speaker. The procedure adopted by the speaker seems to indicate that he was trying to meet the time schedule set by the governor for the trial of strength and to ensure that the appellants and other independent MLAs stood disqualified prior to the date on which the floor test was to be held.”

Indian politicians have at least one trick in common with wicketkeepers in a one-day match. They make loud appeals to distract attention from a no-ball. In a similar vein, when the Karnataka governor suggested that the Supreme Court’s decision could be used to throw out the BJP government in Karnataka, BJP leaders rushed to the Presidential Palace in Delhi to get the governor dismissed. They wanted everyone to forget in the melee that the BJP was guilty of serious parliamentary subterfuge.

It wasn’t for the first time that the party followed Goering’s example to outwit the opposition with facile recourse to democratic procedure. In October 1997, Uttar Pradesh speaker Kesari Nath Tripathi, a BJP nominee, deliberately split the Dalit party of current chief minister Ms Mayawati. It didn’t really seem to matter that the nation was aghast at the brazen high-handedness used to help the BJP win that particular trust vote. The approach is par for the course for other major parties, including the Congress, except that it has a history of bribing MPs to win crucial parliamentary trust votes instead of seeking to split opposition ranks. That’s what Prime Minister Narasimha Rao did in 1993. That is what Prime Minister Manmohan Singh was accused of doing in 2009.

It so happens that in our quest for elusive democracy we get so exhausted fighting dictatorships of subtle and brazen varieties that we forget to read the fine print that comes with people’s franchise these days. In the Fareed Zakaria-style American utopia, democracy is no longer a standalone desire. It is referred increasingly to as free-market democracy or more directly as capitalist democracy. It doesn’t matter if the new frontiers to implement the new resolve are located in the backwaters of Afghanistan or Iraq. That is what Mr Zakaria would have us believe.

Perhaps the most heart-breaking moment for modern democracy came in Russia some years ago when tanks were used to flush out elected deputies. It was a direct stand-off between the free-market worldview advocated by President Boris Yeltsin and the contention of elected deputies who had opposed the planned rapid transition to capitalism. With his pledge, Yeltsin received strong backing from the leading powers of the West, particularly the United States.

He sparked popular unrest with his attempted dissolution of a parliament that was increasingly opposed to his neo-liberal economic reforms. Tens of thousands of Russians marched in the streets of Moscow seeking to bolster the parliamentary cause. Eventually when free-market won, not without the help of tanks that were aimed at the heart of the Russian parliament, even the West applauded it as a high point of democracy.

When the communists were booted out from West Bengal last week and also when the Arab Spring was riding a crest of popularity without changing the reality of the essential political-economy, I remembered the pithy observation my Dalit scholar friend Chandan Kamble made in the 1970s. “In communism man exploits man. In capitalism it’s the other way around,” he had chortled apropos of nothing in particular.

Goering would be smiling at Kamble’s observation. He was perhaps the first to show the West how the hollow form of democracy adapts itself to new ideological epithets without yielding new ground under a new dispensation.

The writer is Dawn’s correspondent in Delhi.

jawednaqvi@gmail.com