Why this Blog ? News articles in the Wide World of Web, quite often disappear with time, when they are relocated as archives with a different url. Archives in this blog serve as a library for those who are interested in doing Research on Aadhaar Related Topics. Articles are published with details of original publication date and the url.
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
Tuesday, January 19, 2016
9241 - Indian Police District Adopts Biometric Time and Attendance for Staff - Find Biometrics
9240 - Odd-even scheme fails to hit attendance - Business Standard
According to attendance.gov.in portal that publishes attendance statistics of over 500 offices under various departments and ministries in the capital, about 88,900 employees had marked their presence as of 5 pm. About 3,540 employees had reached office by 8am. The odd-even rule remains in force between 8am and 8pm. The attendance rose to 20,317 by nine before crossing the 80,000-mark around 10.30am. The presence graph showed sharp falls after 5pm dropping below 70,000-mark by 5.30 pm.
The number was slightly higher than attendance numbers reported on previous Monday, when 78,900 employees marked attendance. However, it was less than Friday, when only cars with odd numbered registration plates were allowed on road.
While the attendance number stayed around the 75,000-mark between December 29 and 31, it had shot up to 94,105 on January 1. Business Standard summed up the previous week's data from the line graphs on the portal that gave separate numbers reported through tablet based devices and PC-based devices. For example, on January 1, tablet-based attendance was 77,542 and PC-based attendance was 16,563 adding up to 94,105.
9239 - Circular on Aadhaar linked salary triggers row - TNN
9238 - Rebooting India - Free Press Journal
9237 - Signboards to lead the way to e-seva centres - The Hindu
9235 - Letters: Not apt conclusions - Business Standard
The direct benefits transfer platform, or JAM - Jan-Dhan Yojana, Aadhaar and mobiles - is the right way forward as it would minimise leakage and target the people actually in need and at the time they need it. All 29 states must take the lead in ensuring that processes are carried out smoothly so that citizens find it easy to avail of such schemes. This is an area where systems across several countries in Asia find it difficult to cope with. Yet Thailand's universal health coverage programme is a good starting point to understand how a scheme should be implemented. The country started its 30-baht scheme - as it was originally called - in 2005-06 and now, it is widely acknowledged as a success.
The editorial says that in India even well-implemented schemes such as Andhra Pradesh's long-running medical insurance programme, Aarogyasri, found it tough to cope with the demands of cost increases from private hospitals. But consider this: The cost of radiation therapy for treatment of cancer in private hospitals is three to four times that under Aarogyasri. Despite such disparities, the intake of patients in private hospitals is not significantly low. Generally, hospitals - whether private or government-run - are operating to near-full capacity in treating cancer through radiation therapy.
Where the editorial says that the Aarogyasri in Andhra Pradesh has a bias towards paying for serious and instrusive procedures, it is natural that people are more likely to claim insurance when the charges are high. Affordability and aggregate out-of-pocket payment are key determinants. Nonetheless, the liability on the person who is paying - under Aarogyasri, this would be the government - will continue to rise not only per capita, but also as an aggregate, as incidence and prevalence of diseases both increase.
In the first instance, the issue is of generating adequate funds to pay for the prevention, diagnosis and treatment of a disease, not just to try and reduce the treatment cost. The experience of implementing insurance schemes in Andhra Pradesh and Gujarat, to name just two states, has been positive. It indicates the need to put in place an insurance coverage mechanism that will generate adequate funds at the level of the central government, which can then distribute these to the states for use in health care.
The editorial says that better healthcare in India is a moral and practical necessity. But health infrastructure in the country is led by the private sector and would continue to be so in the foreseeable future. Even the addition of new capacity for treatment is being driven by the private sector. Would the sector not strive to make it profitable and sustainable? But who will pay for such capital expenditure?
9234 - Supreme Court and Indian Cyberlaw-2015: - Business Stanbdard
It upheld the power of Government for interception and narrowed down the scope of intermediary liability and said that intermediaries will now act only on order of Court of law or on order of a Governmental agency. This judgement is definitely historical because it is the first major judgment which has interpreted the constitutional validity of the provisions of the Information Technology Act, 2000. It is also historical because Section 66A was tremendously misused in various cases and Supreme Court found the same to be in violation of peoples’ fundamental rights. Post this judgment, there has been an increase in incidents of cyber bullying and targeting people on social media because somehow people get a feeling that the law has now been struck off, they have a license to defame.
This judgment has strengthened the hands of the Government for interception. The challenges to the powers that were granted to the Government have been dismissed and the Government’s power to act in the national interest has been reiterated.
The entire issue of intermediary liability has to be relooked primarily because of the unique nature of the Indian mobile web. A majority of Indian online users only access the Internet through their mobiles and intermediaries become data repositories and therefore there is a need to simplify procedures regarding access of data resident on the computer platforms of the intermediaries.
The ball is actually now in the hands of the Government to amend the Information Technology Act, 2000 to actually not just incorporate the concerns of stakeholders but also to ensure that law becomes a tool for facilitating m-commerce and e-commerce.
There is a need of coming up with distinct legal frameworks which are in sync with the Constitution and which can help to preserve public order in cyberspace.
The year 2015 was a remarkable year inasmuch as it saw how the Indian Courts were redefining, clarifying and dealing with the law pertaining to electronic evidence in India. In the landmark case of Anvar PV v/s PK Basheer, earlier the Supreme Court took hold the opportunity to examine the current state of the law pertaining to electronic evidence and thereafter went ahead to clarify how electronic evidence in India has to be produced and proved in a court of law. The said judgment has universal impact and applicability and has made the entire issue of proof of electronic evidence more cumbersome.
Given the fact that majority of Indians are today only using mobile devices for the purposes of accessing the Internet, it is high time that legal approaches to electronic evidence with specific reference to mobile evidence need to have a relook.
The year 2015 was also remarkable as the debate pertaining to making Aadhaar applicable or mandatory across the board brought its own unique set of challenges. The Supreme Court was crystal clear that Aadhaar doesn't need to be mandatory and that there is a need for more detailed examination of the privacy and other constitutional issues concerning the use of Aadhar programme.
In the year 2015, the Supreme Court has contributed its bit towards evolving jurisprudence on Cyberlaw and related subjects. The Supreme Court has through its various landmark decisions, decided various aspects which have further helped in the evolution of Cyberlaw jurisprudence in India.
The author Pavan Duggal, Advocate, Supreme Court of India, is Asia’s & India’s leading expert and authority on Cyberlaw & Mobile Law and has been acknowledged as one of the top four cyberlawyers in the world. He can be contacted at his email addresses pavan@pavanduggal.com and pavanduggal@yahoo.com. More about the Author is available at www.pavanduggal.com and http://www.linkedin.com/in/pavanduggal.
9236 - 2016: False info by non-PAN holders can land them in jail - Economic Times
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9235 - Heads-Up 2016: Judiciary- Self-assertion and a night hearing on life and death - Indian Express
9234 - DEITY working on alternative authentication means along with Aadhaar to revive Digital India projects - Economic Times
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9233 - PM Modi holds PRAGATI video conference with chief secretaries - Economic Times
9232 - Will India make it – 2016? Indian innovation ready for prime-time, says Nandan Nilekani - Financial Express
9231 - Why Mohanty Committee on financial inclusion deserves broad endorsement - Economic Times
9230 - Government getting ready to convince Supreme Court about Aadhar Card - Economic Times
ET VIEW
Friday, January 8, 2016
9229 - 2015: The Supreme Court stands up for its rights–and other rights - Indian Express
Finance Minister Arun Jaitley called the quashing of the NJAC as “tyranny of the unelected” and maintained judges should not have the exclusive right to select judges – a position that was revisited after 22 years.
9228 - Digitization of PDS helped plug Rs4,200 crore in leakages: centre - Live Mint
9227 - Former Maoists Reluctant to Accept Aid
9226 - Govt launches 22 new schemes under Digital India programme - Live Mint
9225 - Address financial exclusion based on faith: RBI panel -TNN
9224 - RBI's financial inclusion starts and stops with Aadhaar - Money Life
9223 - Govt mulls universal health insurance - Business Standard
"Encouraged by the success of the social security schemes launched earlier this year, we are now looking at products in the health insurance sector by ensuring access. We are discussing it with states," said a government official who did not wish to be named.
The government is holding talks with states providing cashless health insurance, such as Karnataka, Tamil Nadu and Gujarat. The idea is to provide their schemes through the DBT platform.
"We are building a DBT platform. Under that, we will provide SMS and phone call notifications on money transfers. Besides, we are building a web or smartphone app. Once the architecture is ready, we load health insurance on to it," said the official. The health insurance application would be put up on this platform which would facilitate a move towards a completely cashless digital economy, he added.
The states will be asked to tap the Centre's JAM trinity (Jan Dhan, Aadhaar and mobiles) and the subsidy payment platform. Aadhaar will help in direct biometric identification of targeted citizens, and Jan Dhan bank accounts and mobile phones will help in direct transfer of funds, cutting out all intermediaries.
The public financial management system (PFMS) and National Payments Corporation of India (NPCI) will help with disbursement of health subsidies under DBT.
"Many states are providing cashless health insurance. If they give us the list of beneficiaries, they could plug into the DBT platform; that will facilitate accessibility and payment," said the official quoted earlier.
Tamil Nadu, for instance, provides the Chief Minister's Comprehensive Health Insurance Scheme through United India Insurance Company for people from the low income group, and New Health Insurance Scheme for cashless treatment of state government employees.
Karnataka has its Yeshasvini Health Insurance Scheme, covering both rural and urban population, mainly targeting farmers and labourers. The state also offers Jyothi Sanjeevini Scheme, a health insurance cover for government employees.
The Rajasthan government recently launched a cashless health insurance scheme to cover over 10 million people by tying up with New India Insurance.
Similarly, Punjab last month unveiled a compulsory health insurance scheme for all government employees and pensioners. Over 190 million bank accounts have been opened under the Pradhan Mantri Jan Dhan Yojana; these have deposits of more than Rs 26,819 crore.
Direct transfer of LPG subsidy of more than Rs 17,446 crore has been made into Jan Dhan accounts from November 2014 to July 2015. The government already provides life and accident cover to people. It has sold over 20 million Jan Suraksha covers under the Pradhan Mantri Suraksha BimaYojana and Pradhan Mantri Jeevan Jyoti BimaYojana combined.