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

Thursday, February 27, 2014

5188 - Reality check: Aadhaar is a house of cards and rests primarily on hype - Rajeev Chandrasekhar

Reality check: Aadhaar is a house of cards and rests primarily on hype


Aadhaar” is one such program – costing the taxpayers thousands of crores so far - but with seemingly zero thinking or preparation on specifics, no clear outcomes, but with extraordinary amounts of hype and rhetoric instead. Reuters

One of the defining attributes of the UPA Government has been its almost casual / unaccountable approach to spending public money on 'schemes' and dealing with Public assets like spectrum, coal, land etc. Words like ‘whimsical’ or ‘unaccountable' comes to mind, when evaluating this Government’s spending and profligacy.

UID a.k.a. “Aadhaar” is one such programme – costing the taxpayers thousands of crores so far - but with seemingly zero thinking or preparation on specifics, no clear outcomes, but with extraordinary amounts of hype and rhetoric instead. Sadly, the hype and rhetoric haven’t been given a chance in all these years to be challenged or debated in Parliament or outside within the public, despite repeated calls for it. 

One of the tragic characteristics of our democracy is that we allow this type of hype to go unchallenged and untested on its merits.

Let me say as someone who understands technology, Governance and the issue of corruption more than just a little, that Aadhaar, in its current form, is a house of cards and resting primarily on hype, and will surely not achieve any of the laudable objectives of eradicating corruption. This will become obvious to many, as the layers of hype are peeled off and the stark reality becomes obvious.

Here’s an abridged dose of reality:

1. Aadhaar does not give identities to Indians
The fundamental claim is that Aadhaar gives an Identity to all Indians. This is the most explosive falsehood in the Aadhaar proposition. Aadhaar simply takes an existing ID (Real or Fake), of anybody (Citizen or Foreigner or Illegal Immigrant) and issues a number, i.e., there is no identity verification, and so, there is no identity being issued. All Aadhaar does is link the potentially fake or true ID information to that ID holder’s iris or Biometric information. So if Mr. X had a fake ID all these years with his picture and address, he now continues that fake id, albeit with his iris and biometric instead of his photo. So, there is no way of knowing how many fake entries are in the Aadhaar database, because Aadhaar does no verification.

To compound this, Aadhaar uses a structure that is incentivized, it would seem, to generate fake applications. This structure uses small private firms which almost subjectively decide on Identity documentation, with no check on their capability or background for enrollment, in exercising no supervision of their activities, in not following up on the criminal acts of these firms and in absolute lack of due diligence in appointment of these agencies and contractors. There are several FIRs in several police stations against these so-called Enrollment agencies who have been nabbed with fake forms, and several TV channels have aired stings on this. No answers are forthcoming on what happened to these fraudulent applications – did they find their way into the database? I specifically asked a question in Parliament about instances of Fraud in Aadhaar and the Government has so far ducked answering it.

2. Aadhaar is a National security risk, it’s being issued to non-citizens and illegal immigrants

Aadhaar has changed its tagline recently to ‘One India; One Identity’. This is again a dishonest play with words. It makes no effort at separating citizens from non-citizens. Any national Identification platform should, at the very minimum, be able to determine who is a citizen and who is not. And so, one issue that arises from this is that taxpayer-funded subsidies and cash transfers will also be availed by non-citizens and illegal immigrants. This is a significant and fundamental issue that should have been transparently debated. Benefits by definition can only be given out of the budget to the citizens that are entitled to them. In a recent Meeting of the Parliamentary Standing Committee on Finance, I asked the UIDAI - of all the Aadhaar numbers issued, how many are citizens and how many are non-citizens - and I was given an answer of ‘we don’t know’.
The Aadhaar project is also facing a challenge from the Intelligence Bureau (IB), over the UIDAI issuing the card to foreigners and refugees from other countries. This comes on the heels of a Supreme Court order on September 23, 2013 that an Aadhaar card can't be issued to an "illegal immigrant". The court had also said that beneficiaries of welfare programmes shouldn't be denied benefits if they don't have an Aadhaar card.
The IB has raised objections to the possibility of Non Resident Indians (NRIs) and foreigners living in the country obtaining Aadhaar cards and has said the issuance of such cards was not based on proper verification of the applicant.
So here’s the bottomline - Given the sloppy and/or unverified identities at the enrollment stage, issuance to non-citizens and illegal immigrants, and a technology that has serious question marks - Aadhaar is creating a database that has serious issues about the integrity of the information in it. This, in turn, leads to several dangerous issues that arise – especially when it is bandied about casually as ‘The Identity’ – in terms of national security and citizenship and many issues that flow from that. As anyone who is privy to the concept of citizenship, Citizenship as defined by our constitution has to be verified and not accepted on declaration. In its current form, Aadhaar cannot be an identity.
3. Aadhaar does not improve targeting of benefits and subsidies; Increases costs
The fundamental use of Aadhaar, i.e., that of identifying citizens that are entitled to specific benefits – falls flat. Because it continues to use the same data that is causing the corruption and leakage i.e., BPL cards and other traditional forms of ID. In summary, the data that Aadhaar uses is the same historically compromised data and identification. There has been no evidence or any data put out by the Government that there is any improvement on targeting subsidies. Neither the Government nor UIDAI had put forth any real evidence to justify the tall claims of preventing leakages in subsidies including the DBT in LPGs. In fact, the LPG cylinder issue is a clear case where Aadhaar has proved that it is not helping leakages. In certain areas like ATM banking, by insisting that banks upgrade to Biometric ATMs whose costs will be passed onto consumers, banking costs will increase.
4. Aadhaar raises significant Privacy issues
Aadhaar involves collection of a large amount of people’s data and centralization of this data in their databases. Predictably, real issues of privacy arise, in a country like ours, where privacy laws are not robust and the issue itself not fully or adequately debated. The privacy issue is even more dangerous given the track record of Governments and bureaucrats in India. As the New York Times wrote “Unsurprisingly, some people see the idea of a centralized identity database as a dystopian nightmare. Privacy advocates contend that the government will use it to track citizens, a serious concern in a country where the government carries out extensive wiretapping and surveillance.”
5. Aadhaar is inconsistent with the way the country is evolving
As a matter of fact, given increasing federalism and financial devolution, what is required is more state level identification and databases. The model of having a central government managing subsidies directly to its citizens from Delhi is inconsistent with the future model of Governance. The current ‘one shoe fits all’ model of subsidies and benefits developed in Delhi will evolve into one with increasing financial devolution to states; states will form their subsidy and benefit schemes.

And for some unpeeling of the hype:

(a) Aadhaar is an unprecedented effort at Identifying Indians, It is technological innovation
Aadhaar’s hype and PR machinery has been very impressive, but running too far ahead of its reality. To call it "technological leadership" is surely letting the hype get hugely ahead of reality. Aadhaar is a data collection exercise and creation of a biometric database. That’s it. Further, it uses foreign hardware and software, and technologies that have serious lacunae. 

Technologically, it is not unique; it has been done before elsewhere. What is significant is the size and scale of this effort, but even there, there have been and there are several efforts of large scale data collection by Government of India agencies with its citizens – by Election commission, by Census, the National Population Register effort - which have received none of the publicity that the Aadhaar effort has.

(b) Aadhaar is unique and portable
Saying that Aadhaar is unique and portable, is saying the obvious – as if other IDs are not! The reality is that ALL IDs are unique and portable, be it passports, driving licenses etc. Actually, while passports can be used in India and all over the world, Aadhaar cannot, since it does not determine citizenship.
The need for a national identification program remains. Aadhaar started with good intentions, but it is mystifying why it has morphed into this. What should have been a demonstration of technology being deployed in a cost effective way to improve Governance, and deliver benefits through a robust diligenced citizen identification process and highly reliable database, is a far cry from that.

The question today should be why has it come to this. Why these short cuts? Why the reluctance to accept the Parliamentary Standing Committee recommendations on merging Aadhaar with the other expensive project of the National Population Register, especially in these times of financial hardships in Government? Why did the Government not allow this project to be discussed all these years in Parliament?

I now read and hear that Aadhaar is a part of the ‘vision’ of the future leadership of the Congress. The brutal reality of vision is that unless it comes attached with specifics, the fate of the vision will be failures like this. Hype and rhetoric are no substitute to real targets and outcomes. Since vision and solutions are the new buzzwords in Delhi, both vision and solutions need to be real and money spent on them justifiable. Neither is true in Aadhaar.

The author is a Member of Parliament, Rajya Sabha