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

Friday, August 5, 2011

1475 - The ruling clique versus democracy - Money Life

July 08, 2011 07:39 PM
Karan Kharb

Suddenly many politicians are accusing public-spirited citizens of being a threat to democracy—like a thief who, chased by the victim, cries for help. In fact, these citizens are a threat to these reckless political leaders who have trampled all democratic norms under their feet

The idea of 'democracy' has gone awry in modern India. The spontaneity and universality of the people's war cry against corruption in the higher echelons of government has scared not only those in the UPA government which is in power, but even those in the opposition smarting to return to power sooner than later. They are all set to unite and will flock together whenever any Lokpal shot is fired. The recent conclave of all political parties called by the government to discuss the draft Lokpal Bill, has given us enough insight into the mindset of India's political class.

Earlier, Congress spokesperson Manish Tiwari  had called civil society activists like Anna Hazare 'un-elected tyrants', thereby suggesting that tyranny is a function and prerogative of the 'elected'. It is like a thief who, chased by the victim, cries for help and expects onlookers to save him and punish the victim. His mentors in the government, Pranab Mukherjee, Kapil Sibal, P Chidambaram and many more, readily lent their voices to this anti-civil society chorus.

Later, after the all-party meet in New Delhi, Lalu Prasad Yadav, in his idiosyncratic style, ridiculed peaceful mass movements by civil society activists and called them "a threat to democracy". Almost all political parties seem to empathise with this notion of citizens being a threat to democracy-in fact a threat to these political leaders! If peaceful mass movements are a threat to democracy, what better democratic method would they suggest, so the voice of the people is heard and is heeded by the government?

Are they really worried about 'democracy'? Or is their very notion of democracy different from what people hold it to be-a government of the people, for the people, by the people? The fears and concerns expressed by our politicians, however, betray their skewed conceptual interpretation of the great idea of democracy. They now assume themselves to be embodiments of 'democracy'. This essentially connotes a privileged group of parties and individuals, who are off the people, force the people and buy the people to perpetuate their exploitation.

An election manifesto is a written undertaking that each political party elaborately publicises, committing themselves in the service of the people, assuring them with specific plans and projects to be undertaken during the tenure of the democratically elected government. One would wish these manifestos served as reference points and constant reminders for the ruling party, with a periodic performance audit posted in the public domain. Sadly though, these undertakings are dumped as garbage soon after the election, as all leaders and parties go off the people, to force the good people and to buy stooges to pursue their undeclared aims.

Selectively employing the Chanakya stratagems of 'saam' (persuasion), 'daam' (bribe), 'danda' (coercion), and 'bhed' (divide), our leaders have mastered the art of ruling by creating safe zones and sanctuaries for unhindered exploitation of public resources. Our politicians are highly innovative in crafting and selling dreams to the people, hungry and eager to alleviate their suffering. They deftly entice and win over the poorest of the poor by doling out subsidies, caste-based reservations and occasional freebies that serve to perpetuate their dependence on the political masters.  It is from poverty that our politicians earn their fortune in the form of votes and even notes that are easily siphoned from the subsidies and quotas. "Long live poverty; we will keep you alive" could well be the political slogan-if truth were harmless.

This is best explained by the government's stubborn stand to keep the most powerful people out of the ambit of the Lokpal-the prime minister, judges of the high courts and the supreme court, and members of parliament (MPs). This is in spite of the fact that there are more than 160 sitting MPs in the current Lok Sabha against whom there are cases registered in the court of law, many of them facing multiple charges for even such serious crimes like murder. MPs and at least one minister are already in jail, and more could be headed there soon.

The immunity provided to MPs for their conduct within parliament was intended to protect and encourage people's representatives to serve people's causes without fear or worry, and not to get away with misdeeds, like in the JMM bribery case, or 'questions for payments', or the murky moves to save the Manmohan Singh government in the vote on the confidence motion during UPA-1 when MPs waved bundles of notes in the well of the House. The presiding officers (the speaker in the Lok Sabha, and the chairman of the Rajya Sabha), they say, are empowered to deal with delinquent members. There have been innumerable cases of gross misconduct by MPs, but no member has ever been dismissed from membership, even though some should have been convicted and jailed.  Yet, they do not want them to be within the jurisdiction of the Lokpal. Why?

Today, as ministers, MPs and some senior bureaucrats await trial on the serious charge of embezzlement, there appears no end to the deluge of scams that continues unabated.  With Maran also now almost set on his way to Tihar, the UPA government appears to be held by sand walls which threaten to crumble and wither in the clammy humid monsoon of scams. In such a vivid scenario how can you think of 'corruption' in high places without ministers, MPs, bureaucrats and judges? Willing accomplices and patrons in positions of power are handy for bureaucrats and corporate entrepreneurs to manoeuvre government decisions in their favour by circumventing rules and procedures.

To build and foster a conducive system, it is necessary for ministers and bureaucrats to retain control, direct or indirect, over the investigating agencies like the Central Bureau of Investigation (CBI) and, as far as possible, over the so-called autonomous bodies like the Central Vigilance Commission (CVC), Central Information Commission (CIC), Election Commission (EC), other national commissions and even the judiciary through a convergence of common interests, where everyone gains-materially or otherwise-on a reciprocal basis, except the state and its people. And the nexus flourishes and proliferates. Of course, there have been individuals of great character and verve who, as heads of such bodies, meant business and refused to give in to political or bureaucratic pressures and restored public faith in institutions like the offices of the CEC and CAG. These are rare examples though.

An analysis of how some key posts are filled in the top echelons further clears doubts, if there remain any. The first defect lies in the selection procedure for autonomous bodies. For example, a selection panel comprising the prime minister, home minister and leader of the opposition in the Lok Sabha selected PJ Thomas to be the chief vigilance commissioner. Even though Sushma Swaraj, the leader of the opposition, opposed Thomas' appointment due to his tainted past record, no legal impropriety was committed in this appointment because it was upheld by a majority of 2:1. Now, in a selection panel where the prime minister and his own home minister are members, the third member becomes redundant because it is highly improbable that the two will ever vote against each other.

Dr Ketan Desai, the former head of the Medical Council of India, was caught in April 2010 for taking a bribe of Rs2 crore to grant government recognition to a private medical college. Much earlier, he had been convicted by the Delhi High Court. Yet, on the strength of hefty cash packets, he rose to hold this top position in the medical profession. A former chief justice of India, KG Balakrishnan, has been in the news for some time for all the wrong reasons, most unbecoming of an honourable man in that position.  Yet, he was appointed chairman of the National Human Rights Commission.

The process of dealing with a corrupt judge of the high court or the supreme court is so complex that there has been only one impeachment in India till date and that too in 1949, before the Constitution became effective. The second impeachment motion against judge V Ramaswami failed in 1993 because the then ruling Congress (205 MPs) abstained.  Naturally, shamelessly unfazed by all the allegations and indictments, judges like PB Dinakaran (chief justice, Sikkim High Court), Soumitra Sen (Calcutta High Court) and many more, arrogantly go on dispensing 'justice' in their high positions.

Even as the crime graph in general moves upwards, it is still feasible to put petty criminals behind bars.  But it is the big fish that has proved too slippery for the law, all through. From Bofors to fodder to hawala and the series of scams today-only preliminaries are played. No powerful politician, bureaucrat or judge has been finally convicted (having exhausted appeals at the supreme court).

The system has proved power-friendly and at a time when the talk of an effective Lokpal is gaining momentum, fears of those in power are quite understandable. Political parties have moved away from nationalistic orientation and metamorphosed into cliques of vested interests, like promoting dynastic power centres. Coteries of henchmen have mushroomed in almost all parties. These henchmen are mostly local goons who have embedded themselves between the leader and the people, insulating the former from the latter. Soon after the elections, leaders are quick to snap their public contact and interact with the people through their henchmen whose swagger signals when and whether you will have the Netaji's darshan.

Gimmicks like Rahul Gandhi, the prince charming of Indian politics, dining at a Dalit's home or stage-managed padyatras and public display of a pseudo-frugal lifestyle are carefully orchestrated to create a mass impact even as his oratory skills and leadership prowess still remain hidden. Even if he fails to leave behind any lasting impact, his style leaves people largely amused. Organisations and parties bereft of ideas and ideologues will be likewise forced to innovate, borrow and stage-perform to entertain people. But how long will this drama go on? The political environment in India has become highly polluted and all parties need to reorient and readjust to ground realities.

Institutionalising a powerful, independent Lokpal will help the country to prosper faster, making development people-friendly. The ruling clique has drifted far away from the people and a course correction is urgently needed.  The sooner they change their bearings and perception, the better it will be for them as well as the country. 

(The writer is a military veteran who commanded an Infantry battalion with many successes in counter-terrorist operations. He was also actively involved in numerous high-risk operations as second-in-command of the elite 51 Special Action Group of the National Security Guard (NSG). He conducts leadership training and is the author of two bestsellers on leadership development that have also been translated into foreign languages).