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

Tuesday, December 12, 2017

12484 - End Aadhaar Based Exclusions; Implement National Food Security Act - New Click


               Image Courtesy: National Herald

In wake of the recent starvation deaths - from an 11-year-old girl to a 64-year-old widowed woman - activists from the Right To Food Campaign held a press conference in Delhi on 9 December. The conference was also attended by the bereaved mother of the 11-year-old Santoshi Kumari.

Newsclick publishes here the press statement issued by the Right to Food Campaign in full:

Press Release of Right to Food Campaign
December 9, 2017, New Delhi

Starvation deaths in Jharkhand and implementation of the NFSA
Since September 2017, several hunger deaths have been recorded in Jharkhand. In September, Santoshi Kumari an 11 year old child died in Simdega district months after her family’s ration card was cancelled because it was not linked to Aadhaar. 
In late October, Ruplal Marandi died in Deoghar district after being denied grains as his family members’ Aadhaar based biometric authentication failed. 

On December 1, 2017, 64-year old widow, Premani Kunwar, died of hunger and exhaustion in Danda Block of Garhwa district (Jharkhand). 

Two months earlier, the Aadhaar-based payment system had redirected her pension money to a different account, without her knowledge. She was also denied her food grain entitlement in August and November.

Jharkhand government claims it has cancelled 11.6 lakh ration cards which were found to be bogus after the drive to link Aadhaar with ration card. 

On December 9, 2017 a press conference was held in Delhi which was addressed by Koili Devi (mother of Santoshi), Guddiya Devi (sister of Santoshi), Taramani Sahu (Right to Food Campaign Jharkhand) and activists associated with the Right to Food Campaign- Annie Raja, Anjali Bhardwaj, Amrita Johri and Aditya Srivastava. 

Guddiya Devi recounted the circumstances surrounding her sister Santoshi’s death. She said that the family had not cooked any food for 8 days as there was no grain in the house. On the day of her death, September 28, the whole family was desperate for food. They asked their neighbours for food. The neighbours said that if any food is leftover, they will give them something. 

On that day, the family only had some tea leaves and salt in the house and therefore, their mother (Koili Devi) made tea of that. Around 8 pm Santoshi started complaining of stomach ache and died around 10 pm. She said that Santoshi was not ill and was not suffering from Malaria as the administration has been claiming and said that Santoshi died asking for food. 

Santoshi’s father suffers from mental impairment and is unable to work. The family relies on collecting leaves and datun from the forests and selling these or taking goats of other villagers for grazing or working on planting in the farms from which they make about Rs. 30-50 per day. 

Taramni Sahu, an activist with the Right to Food Campaign Jharkhand recounted that she had met with the family before Santoshi had died. She had met with them in August and had identified 3 families who were not receiving ration. She had taken their complaint to the Janta Durbar and had put up their case before the DC highlighting that the family was extremely poor and was suffering from starvation. 

After filing the complaint, they were informed by the administration that the ration had been stopped since February 2017 as their ration card was not linked to their Aadhaar. Taramani repeatedly followed up with the administration but there was no redress. On September 1, 2017, the administration stated that now the ration card had been cancelled and deleted from the database. They were told to apply again for a new ration card. Taramani helped the family apply for a new ration card and despite reminding the government on September 25 of the dire condition of the family and the urgent need for a ration card, there was no action from the government. On September 28, 2017, Santoshi succumbed to starvation. 

Anjali Bhardwaj of the Right to Food Campaign & NCPRI said that Aadhaar was leading to exclusions of the poorest in at least three ways. 

Firstly, those who did not have Aadhaar were not eligible to apply for social security rights and entitlements. 
Secondly, even if they possessed an Aadhaar, if it was not linked or seeded with their ration card/ pension then they were denied their entitlements. 

Thirdly, if their biometric did not match at the point of delivery of entitlements (Point of Sale devices in ration shops), then they are denied their entitlements. 
Anjali said that it was most distressing that the government’s drive to identify ‘bogus’ and ‘ghost’ beneficiaries and weeding them out of the system was leading to large scale exclusions. She said that the Jharkhand government has done nothing so far to reinstate the ration cards that were mass-cancelled earlier this year for lack of “Aadhaar seeding”. 
She said that it was families like Santoshi’s which are termed ‘bogus’ and denied their ration. Money ‘saved’ by denying the poorest their basic entitlements is proudly proclaimed by the government as savings. Anjali stated that Aadhaar was being promoted on the pretext that it will address corruption in social sector programmes but there was no evidence to support such claims. 
Further, most of the state governments, despite passage of more than 4 years when the NFSA was enacted, have failed to put in place the statutorily mandated grievance redress and accountability frameworks. An effective grievance redress framework would have ensure that the complaints filed by Taramani on behalf of the family would have been looked into in a time-bound manner and addressed. 
Annie Raja of the Right to Food Campaign & NFIW said that instead of increasing allocations of grains under the Food Security Act and diversifying entitlements by including pulses, oil and vegetables, the government was creating hurdles like Aadhaar which was leading to denial of basic entitlements. 
She recalled that when the Food Security Ordinance was passed, Mr. Modi who was at the time the CM of Gujarat had written to the then PM stating that entitlements under the ordinance were not adequate as it would fail to address both calorific and nutritional security of the poor. Yet, as PM he has not taken any steps to increase entitlements and allocations under the NFSA. 
The government has been making proclamations of the benefits of Aadhaar and giving out statements about the number of ghost beneficiaries eradicated and money saved. Anjali Bhardwaj stated that none of these claims stand up to scrutiny. On February 7, 2017 the Prime Minister in the Lok Sabha had stated that use of Aadhaar and technology in ration led to discovery of nearly 4 crore (3 crore 95 lakhs) bogus ration cards. When RTI applications were filed seeking state-wise number of the bogus ration cards and also the details (name and address) of the bogus ration cardholders, it became evident that there was no proof backing the PM’s statement. Subsequently, the Lok Sabha in its corrected version of the proceedings of Lok Sabha modified the transcript which now attributes the PM as having stated "4 crore meaning 2.33 crore" bogus ration cards were detected in the last 2.5 years through use of Aadhaar and technology.
On the same day as the PM's statement i.e. February 7, 2017, the Minister of Consumer Affairs, Food & Public Distribution (Shri Ram Vilas Paswan) In Reply To Starred Question No. 93 stated in Parliament that 2.33 crore ration cards have been deleted between 2013 and 2016. The reply included a state-wise list. 
However, the figures provided in the list do not match with the figures provided under the RTI Act by the state government. Another RTI Application was filed asking for the state-wise break-up and list of bogus ration cards as per the corrected statement of the PM in Parliament records of "4 crore meaning 2.33 crore bogus cards". On Oct 27, the Ministry of Food provided a reply which gives a state-wise break-up of bogus/deleted ration cards from 2013 to 2017. 
The figures in this, do not match with the figures provided by the Food Minister in Parliament or with the information provided by state governments under the RTI Act! 
The tabulated comparison of the Response provided by the Food Minister in Parliament and information provided by state governments under the RTI Act is attached. And separately, the reply dated October 27, 2017 is also enclosed.
Amrita Johri of the Delhi Right to Food Campaign said that the government was cancelling ration cards without doing any field or on ground enquiries leading to genuine people being weeded out of the system and denied their basic rations and pensions. She recounted that in a meeting with the Commissioner of Food Department of Delhi, the commissioner stated that 56000 families had been found to be bogus and their ration cards cancelled on the basis of a ‘desk top verification’. 
Later several of these families went to the department and their cards had to be reinstated as they were genuine and had been wrongly removed. Such arbitrary removal especially impacts vulnerable families who are the most dependent on the government for their survival and may not have the means to challenge their exclusion. 
When exclusions due to biometric failure due to POS devices have been pointed out, the government has responded by saying that iris authentication will also be introduced to reduce exclusions. 
However, information obtained under the RTI Act shows that the government has not undertaken any feasibility studies on the viability of Iris biometric authentication.
Despite the spate of recent deaths due to starvation arising from mandatory linking of Aadhaar with ration cards, Aadhaar remains compulsory for PDS users there. 
At a public hearing in Manika yesterday, where Jean Dreze was also present, the District Supply Officer (DSO) kept explaining to the audience that without Aadhaar there was no chance of their getting their food rations. Aadhaar is required both for ration card applications and for ABBA.
Right to Food Campaign demands that: 
· The government should take strict action against officials responsible for the hunger deaths in Simdega, Dhanbad, Devghar and Garhwa.
· The list of households whose ration card is cancelled should be shared publically with the reason of cancellation of the ration card.
· The eligible families, whose ration cards have been cancelled, should be re-issue within a stipulated time frame. Alternative arrangements for distribution of grains should be made for them till the ration card is made. The families whose ration card has been cancelled should get grains of those months as compensation. 
· Pulses and oil should also be included in the PDS.
· Provisions of National Food Security Act 2013 related to Grievance Redressal and accountability must immediately be enforced across the country
· If there is a complaint against the dealer or any officer, strict action should be taken against them within a stipulated time frame.
· Aadhaar based authentication is leading to large scale exclusion. This insistence on ABBA must immediately be stopped and no one should be denied ration because their biometrics did not match across the country.