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, March 21, 2014

5336 - Is It The End Of The Road For Aadhaar? : A Project Constantly Under Fire - Chauti Duniya



Publish Date : March 19th, 2014 | Print Article |13 views


A petition questioning the rationale for making Aadhaar mandatory for Government services has turned into a full-fledged argument on the need for the unique identity number, with the very fundamentals of the project being questioned in the Supreme Court. The court’s interim order that no one should suffer for not having the number has also dampened the Government’s enthusiasm for the direct benefits transfer (DBT) project. The scheme, which has been piloted in only a few regions, is no longer being pushed by the Government with the same aggression…

The Government’s decision to suspend Aadhaar-based cash transfers in LPG has dealt a fresh blow to the project whose utility has always been questioned. First they ignore you, then they laugh at you, then they fight you, then you win…” go the famous words by Mahatma Gandhi. Every stage of the saying fits the evolution of the Unique Identity or Aadhaar project, except for the last part – winning. Each time in its four-year journey – which has been no less than a roller-coaster ride – the ambitious project seems to be turning a corner, a controversy here or a revolt there threatens to stop it in its tracks.

Recently, the Government decided to put in abeyance direct benefit transfers in cooking gas subsidy – one of the biggest showcases for UID-based payment system in the wake of ground level implementation challenges. Optimists dismissed it as just another setback for the Nandan Nilekani led-Unique Identification Authority of India (UIDAI), but a 360-degree view of the project reveals the shaky grounds on which it currently stands. A petition questioning the rationale for making Aadhaar mandatory for Government services has turned into a full-fledged argument on the need for the unique identity number, with the very fundamentals of the project being questioned in the Supreme Court. The court’s interim order that no one should suffer for not having the number has also dampened the Government’s enthusiasm for the direct benefits transfer (DBT) project. The scheme, which has been piloted in only a few regions, is no longer being pushed by the Government with the same aggression. Nilekani has been the face of the project and is credited with meandering through various challenges to scale it up. But he has announced his intentions to switch to the political side and contest in the forthcoming elections.

Moreover, the UID Bill, which gives the project a statutory backing, is yet to be cleared by Parliament. Given that the last of Parliament session focused on the Interim Budget was also the last for this Government, the Bill was unlikely to be taken up. Another piece of legislation, which is required to douse the privacy concerns pertaining to the project – the Privacy Bill – looks like a distant reality too. The Bill, which would have addressed issues such as misuse of information collected by UID by third-party agencies, is still pending approval. To add to this is the uncertainly surrounding the political landscape in the country. What if the UPA Government is voted out of power?
A Bharatiya Janata Party-led Government may not prove to be the most favourable for the project’s future. The Standing Parliamentary Committee, headed by BJP leader Yashwant Sinha, which studied the UID Bill, had raised many concerns including the very need for UID.

Aadhaar on steady ground
“What is the threat?” counter-questions a UIDAI official when posed with the various questions facing the project. The official who does not wish to be identified argues that putting DBT in cooking gas subsidy on hold does not mean that it is being scrapped. He says Aadhaar will continue to be used to identify LPG customers, even though the payments will not be made directly into the bank accounts. As far as the Supreme Court order is concerned, he says, all the pertinent questions regarding the project will be answered once and for all. “It has created an opportunity for our detractors to shut themselves.” The official adds how the Supreme Court’s interventions have actually helped decide matters like privatisation in the telecom sector and the spectrum issue subsequently. “Any change in the world has always been resisted like this, so it’s nothing unusual.” The project has been constantly under fire since its very inception, more from inside the Government than outside.

While the Planning Commission – of which UIDAI is an attached body – was the first to raise objections about administrative matters, the project entered into a fierce battle with the Union Home Ministry’s Registrar General of India – which is creating a National Population Registrar – on the issue of collecting biometrics. Then headed by P Chidambaram, the Home Ministry had also raised security concerns over UIDAI’s enrolment process. The two entered into a compromise later to resolve the matter. “It was the Government which did not allow UID to work,” says a former UIDAI official, adding that the opposition was due to the fact that Aadhaar was turning into a huge cleansing agent in the Government (direct transfer of subsidies to Aadhaar-liked accounts would have minimised the leakage in welfare payments apart from bringing transparency in Government functioning). The official who is saddened by the decision on DBT in cooking gas says that he is still “optimistic” as the Government is in an “election mode” and doesn’t want to antagonise anybody. However, “the project is irreversible now with almost 600 million residents enrolled.”

In late 2012, the Government decided to roll out DBT on a war footing where the subsidy money would directly go into the Aadhaar-linked bank accounts of the intended beneficiaries. That was perhaps the only time when the project seemed to have solid backing from the Congress as well as from most wings of the Government.

However, issues with ground-level implementation and the subsequent Supreme Court order sapped DBT of its initial momentum. Some bureaucrats attribute the issues that UIDAI has faced to the “hurry” in which the project was implemented.
Another former official says the correct way for the Government to roll-out direct transfers was to ensure significant saturation of Aadhaar first in an area and then link it with welfare payments.
“Without that, public resentment had to be there,” the official says, adding that even though Aadhaar has a lot of potential, the DBT scheme was not well thought out. “States were not consulted enough, which is now showing through public feedback.”

Another former Government official who worked closely with the authority says that in a hurry to meet its target, the authority did not regard “Government protocol,” which is the prime reason for the bureaucratic resistance it faced. “The utility of Aadhaar was not thought through before rolling out such a large project, its usefulness is still a mirage for people.” However, some are optimistic. Srikanth Nadamuni, chief of Khosla Labs, a start-up incubator who was roped in as a technology advisor by UIDAI, says that the project is in a flux right now and there is bound to be some pushback. “This is an in-between phase for the project, and people will soon see the usefulness of it.”
The positives

To be sure, UIDAI has done remarkably well when it comes to meeting its enrolment target: it has already covered 572 million people and will soon touch the 600 million mark – a target it had set for itself when it first started out. Recently, the Cabinet also expanded the mandate of UID to enroll beyond 600 million people, which means that more residents will come under the project and faster. UID officials argue that 60 million bank accounts have been seeded with Aadhaar already and over 100 agencies are using it for authentication services. The number is now expected to see another spurt. The Reserve Bank of Indiahas also recently asked banks to put in place the infrastructure required to make sure that Aadhaar-based biometrics can be used as an additional factor of authentication for card transactions.

After the initial resistance, banks have largely accepted Aadhaar for proof of identity and address, and some have also begun to launch applications based on its payment gateway and authentication services. However, they have protested against the latest Reserve Bank of India directive. Praveen Chakravarty, former head of investment banking at Anand Rathi who worked with UIDAI in the area of financial services, says that banks are opposing the move as it will be an additional cost factor for them, especially when business is strained. “But, if you look at the current political leadership, they are spending 30-40 per cent of the campaigning time talking about how Aadhaar can help reduce corruption.” He adds that therefore saying that the project doesn’t have political backing in view of all the opposition it has faced does not hold true.

Even as the jury is out on whether the ruling United Progressive Alliance Government supports the project or not, opposition-ruled Gujarat has been enrolling 100,000 people every day. This is up from 17,000 to 18,000 earlier, says a Government official. The State has already enrolled 26 million people. “This happened after Gujarat Chief Minister and BJP’s Prime-Ministerial candidate Narendra Modi took stock recently and pushed for it to be fast-tracked.” This seems like the biggest hope for the project right now.

MAJOR ROAD BLOCKS
  •  Its purpose has been challenged by a petition seeking Aadhaar not be made mandatory for availing of Government services
  •  UID’s biggest utility-direct benefits transfer- has suffered due to implementation issues and the interim order of the Supreme Court. In one year only around Rs 500 crore has been transferred through DBT
  •  DBT in cooking gas, which has seen transactions of over Rs 3,000 crore, has been put on hold
  •  The UID bill, which will give UIDAI a statutory backing, is awaiting Parliamentary approval
  •  Banks have opposed RBI’s move to make Aadhaar-based biometrics as second factor authentication for card transactions, citing cost issues.
– BS