Let’s backtrack a bit. There was originally a Multipurpose National Identity Card (MNIC) idea, started under the NDA government. This was meant to be a card issued to all India’s citizens and the Citizenship Act was amended and Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules were notified in 2003.
Second, for this to work, UID has to be mandatory, not optional. Within the country, because of procedural and other costs in obtaining numbers and fears that this will work against the inclusion idea, no one has ever suggested Aadhaar will be mandatory. However, in Davos, Deputy Chairman of the Planning Commission did suggest it would be mandatory. If the subsidy idea is going to work, Aadhaar has to be mandatory and we can’t continue to beat around the bush. Indeed, there are problems of inclusion. The entire system is demand-driven, through registrars. Consequently, those who have passports, driving licences, bank accounts, PAN numbers, mobile connections, EPFO accounts and voter ID-s are likely to get UIDs first, thereby excluding under-privileged. But the counter-factual is also important. The under-privileged are excluded even today. Other than subsidy-targeting, another advantage of Aadhaar is that it unifies procedural requirements across a variety of government documentation and identity proofs. UID becomes a common base. But there again, for this to work, Aadhaar has to be mandatory. While inclusion is an issue, and there has been talk of offering fiscal incentives to poor people to get enrolled in Aadhaar, there is always a centre and a periphery. As long as the radius is becoming shorter and the periphery is becoming incrementally integrated with the centre, should we worry? By insisting de jure that it is optional and hoping de facto that it will become mandatory, we aren’t solving the problem.
There is a point that Nandan Nilekani can legitimately make. While BPL identification remains contentious, Aadhaar will eliminate multiplicity. After all, there cannot be two people with the same name, date of birth, residence and biometry. There is an issue here about why we want residence data. On its own, Aadhaar doesn’t create any entitlements and residence is a tough one for many poor people. If residence proof is required for some other government purpose, it can always be added on to Aadhaar. For this hypothesis of multiplicity being reduced to be acceptable, one has to assume that biometry is reliable. One also has to assume that delivery points have required biometry readers. On neither of these is one convinced. There are privacy and accuracy issues connected with data too. In pilots, data are being collected that are much more than UIDAI’s core mandate. Why are these being collected? What are they going to be used for? What is the guarantee that such data are not going to be misused?
But there is a broader issue. The National Identification Authority of India Bill was introduced in Rajya Sabha in December 2010. It isn’t legislation that has been passed by Parliament. Take an example from the Bill. “Demographic information includes information relating to the name, age, gender and address of an individual (other than race, religion, caste, tribe, ethnicity, language, income or health), and such other information as may be specified in the regulations for the purpose of issuing an Aadhaar number.” The name, age, gender and even the address are fine. But what is this “other information” and how has UIDAI been authorised to collect this? The “regulations” aren’t known yet. The point is a simple one. This is a major initiative, with the potential to change several things. However, there are several issues to be sorted out too. Therefore, the enactment of the legislation and the formulation of regulations and rules are critical. Neither is known and a Bill is only a draft. It isn’t law. Given this, what was the need to fast forward the process and begin to issue numbers without statutory backing?
The US social security number (SSN) hasn’t overnight become what it is today. The exercise started in 1936 and the first person who got it was someone named John David Sweeney. It still isn’t mandatory and till the 1980s, was never used to prove identity. During the New Deal period, SSN-s were issued through employers. A country where employer-employee relationships are the norm is somewhat different from a country that is rural, with substantial levels of self-employment. If Aadhaar is being issued to better off sections, so be it, though they need it less. But if it is being issued to poorer sections, and de-facto mandatorily, are we imposing compliance costs and crowding them out? Something that goes in the name of inclusion can actually lead to exclusion. That’s the reason we should have been a bit more circumspect and careful, not plunged in headlong.
Bibek Debroy is Honorary Fellow, Skoch Development Foundation