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

Sunday, July 19, 2015

8256 - More ways to block black money - Live Mint

Along with encouraging electronic payments, ways should also be devised to discourage transactions in cash



Shyamal Banerjee/Mint

The government of India has given a three-month window to people with undisclosed foreign assets to come clean or else face prosecution under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015. The government also introduced the Benami Transactions (Prohibition) Amendment Bill, 2015, in Parliament during the budget session, which seeks to impound benami properties. 

Remember, the Bharatiya Janata Party-led National Democratic Alliance government was voted to office last year on the promise of curbing the menace of black money, among other things. While these are steps in the right direction, more will be required to control the flow of black money. The government will not only have to check the creation of black money, but also its use. 

The existing banking infrastructure and the use of Aadhaar can help attain this objective to a large extent. Recently, the government also released draft proposals for facilitating electronic transactions and proposed tax incentives to people opting for it. Although the draft mentions that it aims to curtail tax avoidance, if cash transactions are discouraged and made difficult, it will help the cause. Here are a few steps that could help block the flow of black money.

Along with encouraging electronic payments, ways should also be devised to discourage transactions in cash. Here’s how it can be done. An upper limit for cash transactions can be decided, and if a person still intends to pay this way, she will have to pay a penalty. Let us assume that the limit is imposed at Rs.10,000 and if someone wants to buy the latest smartphone worth Rs.40,000 with cash, she will have to pay a penalty of 10%, which will be deposited by the retailer with the government as tax (let’s call it cash transaction tax) against the buyer’s Aadhaar number. (In future, Permanent Account Number can also be replaced by Aadhaar, but that’s a different debate.) Normal excuses, such as not having an Aadhaar and bank account will not work.

Aadhaar is free and is sufficient for opening a bank account. Anyway, it’s hard to believe that people buying the latest gadgets and other white goods do not have a bank account. So, if someone still insist on paying by cash, you know why. This will require a bit of work in the background such as linking all bank accounts with Aadhaar, which will also show if transactions are in line with income. Initially, transactions in the area of medicine and agriculture can be exempted.

Cash transactions can also be made difficult by withdrawing bank notes of larger denominations. Bank notes in denominations of Rs.1,000 and Rs.500 are meant to facilitate cash transactions. But do we really want that? The unintended consequence is that it also makes transactions in black money easier. Therefore, if Rs.1,000 and Rs.500 notes are taken out of circulation and Rs.100 becomes the highest denomination for bank notes, cash handling and transacting will become difficult. Imagine the plight of the person buying that Rs.40,000 smartphone. People will also hesitate to produce large number of notes at billing counters as it will indicate only one thing. Human psychology will also come into play. Psychologically, people will not be comfortable settling large transactions in cash at marketplaces when the entire system is becoming cashless and using cash begins to give the wrong impression.
Cash transactions will become difficult, but then again it may not be possible to pay online all the time. Payments through cheques should also be encouraged. But since there could be trust issues between strangers while settling transactions through cheques, banks can be asked to rate accounts on the basis of banking history of the customer and mention the ratings on cheque leaves. For example, accounts can be rated as A, B or C, where A is the best. So, a person accepting an A-rated cheque will be sure about the settlement of the transaction. This will also encourage people to improve their rating, and thus enhance credibility. Account holders can be penalized by reducing their account rating if a cheque is not cleared.

Furthermore, reforms in the real estate sector will help curb creation and use of black money. Since the cost of transaction here is high, it leads to under-reporting. There is incentive for both the buyer and the seller to under-report the value and settle at least partially in cash. For example, stamp duty in Delhi is 6% for men and 4% for women. Plus, there is a registration fee of 1%. Both put together can be reduced to 0.5% or less. Since cash transactions will be difficult, buyers would be more inclined to report the real value and won’t mind paying the charges. Capital gains tax on real estate, too, can be rationalized. This will also result in liquidity and better price discovery in the property market. Additionally, since the idea is to curb cash transactions, ways can be devised to alert banks of unusual activities, such as large withdrawal of cash.

End note: Are these the only measures to eliminate black money? Probably not. More innovations will be required to route transactions through the banking system. As more transactions go through banking channels, reporting of income and tax compliance will improve leading to higher revenues. Higher tax revenues would, ideally, lead to lower tax rates, which will benefit all tax payers.