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

Saturday, March 31, 2012

2485 - A Taste of Nadra (Pakistan)



KCCI demands withdrawal of CNIC/ NTN condition
By: Our Staff Reporter | January 20, 2012

KARACHI - Karachi Chamber of Commerce and Industry has demanded immediate withdrawal of mandatory condition of CNIC/ NTN for all purchasers.
KCCI President Mian Abrar Ahmad has stated that numerous complaints were received from members on revised Income Tax, Sales Tax and Federal Excise Returns especially on CNIC/ NTN condition which became mandatory from January 1, 2012.

He said that unilateral decision should not be taken by FBR and this is very unfortunate that major changes have been made without consultation with the business and industrial community of Karachi.

Abrar said only Karachi contributes 68 percent of the revenue so before framing any policy, FBR should be taken KCCI on board. He demanded that FBR should not burden the already registered tax payers who are facing manifold problems like power, gas and water shortage, law and order situation and 2-weekly holidays.

He demanded that FBR should involve its own tax machinery to increase the tax net and revenue target of Rs 1,952 billion in current fiscal year. He further urged for equal treatment to the taxpayers by the tax collectors, with no discrimination in respect of penal action.


SC orders NADRA to devise strategy for CNICs to Hindu women 
30 March 2012
Staff Reporter

ISLAMABAD - Hearing a suo motu case involving problems faced by the women of Hindu community in obtaining computerised national identity cards (CNICs), the Supreme Court on Friday ordered the National Database and Registration Authority (NADRA) to sort out permanent solution of the issue, as it was the matter of three millions Pakistani Hindus.

A three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussain and Justice Tariq Parvez was hearing a suo motu case initiated on media reports, which highlighted problems faced by a Hindu woman, Pram Sari Mai, a resident of Rahimyar Khan. She failed to get a passport to visit India even after paying a large amount in fee.

During the hearing, Attorney General Maulvi Anwarul Haq told the bench that NADRA had issued a new circular about issuance of CNICs to the Hindu female through a simple affidavit.

Upon this, the chief justice observed that it was a temporary solution. He said the NADRA chairman had legal authority to amend the law pertaining to the matter. 

He said government should be consulted, if needed. The court directed NADRA to sort out permanent solution of the issue and submit report on April 23.

On last hearing, the court had expressed reservations over the miseries of the Hindu community, particularly verification of their women’s marriage contract before issuance of CNICs to them. 

“How can we satisfy three million Pakistani Hindu community, as they have equal rights as you have,” the chief justice had asked a NADRA official. He had said that the court was bound to protect the rights of minorities under Article 36 of the constitution.



Punishment for giving false ID information enhanced
Iftikhar A. Khan 5th November, 2011

The bill adopted by the National Assembly last year moved in the Senate by Leader of the House Nayyar Hussain Bokhari and was passed within minutes without any opposition at the end of proceedings on the last day of the session. – File Photo

ISLAMABAD: The Senate on Friday passed a bill which amends the National Database Registration and Registration Authority (Nadra) Act 2000 by enhancing the punishment from one year to 10 years for deliberately providing false information for obtaining Computerised National Identity cards (CNICs).
The bill adopted by the National Assembly last year moved in the Senate by Leader of the House Nayyar Hussain Bokhari and was passed within minutes without any opposition at the end of proceedings on the last day of the session.
Since offences entailing punishment of less than three years are non-cognizable according to schedule II of the code of criminal procedure, federal investigation agencies and police were handicapped in acting effectively against people providing false information and Nadra employees involved in providing fake CNICs. Now the FIA and police will have powers to arrest such people without any warrant.
The Senate also adopted the Criminal Law (amendment) Bill providing for rigorous imprisonment of up to 14 years for those committing or abetting in tampering with petroleum pipelines for theft or disruption of supply. Damaging or destroying transportation and transmission lines by an act of subversion by explosive material will also entail a punishment of up to 14 years and not less than seven years in any case, with a fine of not less than one million rupees.
The bill also makes tampering with domestic, commercial and industrial gas metres a cognizable offence.


Non-disclosure of NTN/CNIC number of unregistered buyers: ST returns e-filing to be blocked from Jan 1 

SOHAIL SARFRAZ
ISLAMABAD: The Federal Board of Revenue's (FBR) electronic system will not accept sales tax and federal excise returns from January 1, 2012 of all those registered manufacturers, importers and exporters who would not disclose their computerised national identity card (CNIC) number or national tax number (NTN) of their unregistered buyers.
Sources told Business Recorder here on Sunday that the system would automatically declare all such non-compliant registered persons as 'inactive', which would block their sales tax returns due to non-submission of the CNIC number or NTN of their unregistered buyers. The FBR will impose these restrictions over the non-compliant manufacturers, importers and exporters from January 1, 2012. Following introduction of the e-filing of returns for all sales tax registered persons, the FBR can easily declare non-compliant taxpayers as 'inactive' and subsequently sales tax returns could be blocked through the electronic system. The system can also declare the non-compliant manufacturers, importers and exporters as 'defaulted' as sales tax returns would not be accepted by the electronic system. From January 1, 2012, the facility given to the registered persons to show sales made to unregistered persons without submission of particulars would be ended under SRO821(I)/2011.
According to sources, the FBR had repeatedly relaxed implementation of SRO 821(I)/2011 to fulfill the demands of the business and trade community. The implementation of the said notification has been suspended till December 31, 2011. As a result of relaxation given by the Board, a number of people have started providing details of their unregistered buyers in the sales tax returns. With the passage of time, the tax department has been able to obtain identification of the unregistered buyers. The taxpayers have started to realise that it is necessary to provide details of the unregistered buyers to remain compliant and ensure tax adjustment facility for their registered buyers.
From January 2012, importers, exporters and manufacturers have to maintain the particulars of the buyers in the form of NTN/CNIC. It is also learnt that registered persons of the above category have started maintaining their records in this manner so that they should be able to show the compliance from January 2012. Keeping in view the fact the FBR has already introduced e-filing of returns for all sales tax registered persons and, with the help of this electronic filing system, the FBR can easily impose restrictions on electronic submission of returns till they provide the complete details prescribed by the Board. As a result of failure to provide particulars of the unregistered buyers, they would not be able to file the returns and consequently they may become non-active taxpayers. The major impact of non-active taxpayers would be on their buyers who cannot take input credit of the purchases made from such non-active taxpayers. Therefore, it is in their own interest to maintain proper records of all sales, whether made to registered persons or unregistered persons, for filing of their returns, sources said.
As a business practice, large majority of sales made by manufacturers, importers, and exporters is through the dealers and distributors who are otherwise required to be registered under the Sales Tax Act. The manufacturers have to provide the details of these registered dealers, etc, to remain compliant under the FBR system. As some of the manufacturers and importers have their retail outlets, they can continue to report their sales through the retail outlets as provided in the sales tax returns without providing the NTN/CNIC of the end consumers.
Sources said that it is obvious from the above stated facts that the NTN/CNIC to be provided by the manufacturers, importers and exporters is only in respect of their sales made to wholesalers, dealers and distributors and retailers. The non-compliant persons would be unable to file their sales tax returns as the system would automatically block their returns. Thus, the registered buyers would not be able to obtain input from these non-compliant taxpayers. Even registered buyers of manufacturers importers and exporters are compliant but they cannot be able to obtain input in case these manufacturers/importers etc were unable to provide particulars of their unregistered buyers. Thus, non-compliance of SRO 821(I)/2011 by the registered manufacturers/importers and exporters would also create problems for their compliant buyers in obtaining tax credit. The registered buyers would not be in a position to claim input tax credit due to 'inactive' status of their manufacturers.
Despite the fact that the registered buyers of the manufacturers etc are compliant they would not be able to claim input tax adjustment due to inactive status of their registered manufacturers, importers and exporters. This would be applicable in cases where registered manufacturers were unable to provide details of the CNIC/NTN of the un-registered buyers. In this way, the registered buyers would force their manufacturers, importers and exporters to become active/compliant taxpayer to enable them to claim input tax adjustment.
Over 90 percent of the supplies are being made by the manufacturers to the unregistered wholesalers, distributors and dealers of all essential commodities and items. These businessmen have to be registered with the sales tax department as they are directly obtaining supplies from the manufacturers, who are avoiding sharing of basic information with the tax department. The major documentation measure of the Board to obtain the CNIC/NTN from the unregistered buyers/sellers would bring these potential wholesalers, distributors and dealers within the documented regime as per current provisions of the law, sources added.

Staff Report Friday, 30 Dec 2011 3:40 am   

ISLAMABAD - Interior Minister Rehman Malik on Thursday said the National Database and Registration Authority (NADRA) had been directed to issue Computerised National Identity Cards (CNICs) to orphans and the process would start from today (Friday). “I have directed NADRA to issue CNICs to orphans on production of an authority letter from any registered orphanage centre,” Malik said while responding to supplementary questions during the National Assembly question hour. He said Pakistan’s name had been removed from the international watch list on human trafficking due to efforts of the FIA.
On its role in addressing corruption, the minister said the FIA had so far recovered Rs 808 million lost in corruption. To a question, the minister said Transparency International was a small institution, therefore, its report was not final and it should be noted that corruption in Pakistan could never measured on the same tools used in Europe. 

1.2m people removed from voters’ list in Balochistan
By Our Staff Correspondent       
Mr Anwar said the commission would have the support of army or Frontier Corps in the verification campaign. After the completion of first phase of the drive, new computerised electoral lists would be put on display for 21 days for the purpose of correction. However, a person who could not be registered during the drive can get himself registered with the commission till the announcement of holding of elections. — File Photo  

QUETTA: The Election Commissioner of Balochistan, Mehboob Anwar, has said the names of about 1.2 million people have been removed from the list of voters because theses were not verified by the National Database and Registration Authority (NADRA).
Speaking at a press conference here on Monday, he said that a door-to-door verification campaign had been launched to compile a final computerised electoral list. He said the Supreme Court had ordered verification of the voters’ list during the hearing on petitions moved by Pakistan Tehrik-i-Insaaf chief Imran Khan and TV anchorperson Mubashir Luqman.
Mr Anwar said that after the removal of 1-1.2 million people from the list the number of registered voters in Balochistan had fallen to 3,004,000 from 4,362,272.
In reply to a question, he said the expelled voters had registered themselves in more than one place. Under a new policy, he added, a person must possess the computerised national identity card (CNIC) to get himself registered with the Election Commission as a voter. No other document will be acceptable.
Mr Anwar said the commission would have the support of army or Frontier Corps in the verification campaign. After the completion of first phase of the drive, new computerised electoral lists would be put on display for 21 days for the purpose of correction. However, a person who could not be registered during the drive can get himself registered with the commission till the announcement of holding of elections.
Mr Anwar said polling offices would be provided new electoral lists having pictures of voters during the elections. Thirty assistant election commissioners, 272 assistant registration officers, 2,000 supervisors and 8,000 other staff would take part in the verification drive in 9,214 census blocks in 30 districts of the province. The campaign will continue till Sept 30.