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, December 28, 2012

2724 - Invitation to Contract: Assam, Aadhaar, How Governments Now Work


Posted on August 14, 2012
Continuing on a series of posts on the Government of India’s early 2012 decision to keep “insecure” zones of the country like most of the Northeast (particularly its largest state, Assam) out of the Aadhaar/UID biometrics program, to be monitored instead by the more territorialized, security-focused National Population Register (NPR):

Life in the Security Zone: protesters against state evictions, June 2012, Guwahati, Assam

What Is and Is Not in the News
Assam is daily in the news, though the retraction of Aadhaar from the region receives almost no press. Given that Aadhaar has become central to the promissary return of contemporary governance, the card’s appearing to give back secure entitlements to electoral supporters of the ruling coalition (and of the rationalized “corporate-ethical” sector [more on this concept soon] granted increasing control over specific state functions), the withdrawal of this promissary return would seem to generate its own press.  This is absent. I want to understand why.
The first answer is that Aadhaar has become so identified in Assam (and for many across India in relation to Assam in particular) with the “inflitration” of the Bangladeshi migrant into the citizenship and entitlement rolls that its removal generates little remorse among the dominant regional constiuencies of elite media, the media I at this point have access to via the Internet.
But one might expect the emergence of calls for a modified form of biometric registration, one that was not “universal” but separated citizens from mere residents in the dispensation of current entitlement and future promise. At this point I am going to argue that no such calls have emerged that are focused on the “proper” citizenry of Assam or at least no such calls seem to have been able to go public. I may well retract this claim if and when I can find substantial evidence to the contrary.
Such exclusive claims for rights in promissary citizenship in Assam are likely to be of two dominant kinds: rights in law [the Assamese resident and Indian citizen against the illegal migrant] and rights in nature [the Bodo autochthon against the non-Bodo stranger, the latter currently the illegal migrant]. But calls to redraft the form of Aadhaar to shore up these rights do not seem to have intensified with the state’s loss of easy access to UID.
The Assam-focused press is diverse, otherwise. It is devoted to registers of incivility and instability, of state violence and of state welfare in the face of civil violence. It seems both to support and to trouble the anti-migrant sentiment discussed in previous postings. Much national attention on Assam and its capital Guwahati has focused on the recent beating and forced-stripping of a girl in Guwahati this past July by a large group of jeering men, the event apparently captured on video. Many of the responses to the attack on this girl that I have seen on various media are complicit with a racialization of the Assamese as “backward” and somehow categorically unstable: in effect justifying the zonal distribution of modes of biometric control at stake in the division of the country between Security/NPR and Liberalization/UID.
There has been some press as well focused on resistance to government eviction drives against poor urban and rural slumdwellers occupying illegal “hutments.” The news photo above is of a piece with that genre.
None of these events are restricted to Assam–not communal killings, not sexualized violence against women, not the state policy of slum dispossession–but they form part of a mediascape affirming the state’s exceptional status and its exclusion, to use the first pass at a language I developed in the previous post, from the power zone of economic liberalization into the security zone [these terms are not conceptually adequate for many reasons, but for now the point is to focus on a zonal form of doubled or duplicated governance].
Two Orders of Contract?
Most of the documentation available online on Aadhaar in Assam is from the first, earlier moment, before January 2012, the moment when the biometric program’s promise for this marginal state had not been given over to the Security regime of NPR.
Information and reports at least via the Internet quickly dry up after January.
Perhaps the very nature of a security based enterprise like the NPR is that it produces a much smaller penumbra and far fewer traces of itself. Or to put it differently: both security interventions (like NPR) and liberalization interventions (like UID) now depend on a contractual relation between state agencies (like the ministries of home and of finance, respectively) and corporate sector companies to implement the new identity biometrics. But how contracts are established and entered into may differ between power zones and security zones. This post is a first effort to push myself to attend to the specificities of contract in the structuring of government: the emergent history of biometrics, in which twin national database regimes are being established in parallel, suggests that there is not a single pragmatics of contract, a single logic of governance, being crafted.
Having written this, I should note that I do not yet understand how the Interior Ministry’s NPR will work. It is tied to the Census, or has been, so part of the question is the organization of labor, capital, and control of the census over the next decade. I am in part assuming that security apparatuses, no less than other state functions, have throughout the world been given over to contract with privatized capital. But I should be cautious.
A second note of caution: the January 2012 entente between NPR and UID, between Security and Finance, between the Home Ministry and the Planning Commission, involved the powerful then Home Minister Chidambaram, who has recently again been given the Finance Ministry, a position he had earlier occupied. In other words, if the late 2011 struggle over the nation cum database focused on the tussle between these two ministries and presumably their distinct forms of governance over security and economy, how do we understand the movement back and forth of this powerful official?
Chidambaram aside, the very presence of two parallel such logics of governance and two parallel programs of biometric ID may suggest a second order of contract, not the contract between the state agency proposing and the private company executing one or the other mode of biometric inclusion but rather the contract governing the relation between two two orders or modes of registering people biometrically, of financial liberalization versus security.
What Was: Traces of the Earlier Promise of Aadhaar for Assam
The text for today is an RFQ, a Request for Quotation [that is a bid for contract] put out by the Government of Assam in the earlier phase of its relation to Aadhaar. For now I cite only a few small sections.