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, December 29, 2017

12567 - Aadhaar and the right to life - Live Mint

It is imperative that we stop the Aadhaar juggernaut before it infringes on the very right to life itself
Last Published: Wed, Dec 27 2017. 05 02 AM IST


More than 50 services and schemes require Aadhaar linkage, without which they can be denied. This legitimacy will be tested in the courts because of pending public interest litigation. Photo:

Twice this week, these pages have carried articles emphasizing the importance of trust in a capitalist society. Noah Smith put it eloquently, writing that when you drive over a bridge, you trust that the engineer who designed it based it on sound principles. Or, we may add, the materials that were used were not adulterated. Smith wrote that there are a million ways in which we trust the unseen expertise of unseen people we have never met. This trust is the bedrock of a functioning economy. In the fast-emerging, social media-fed “post-facts” world, the biggest casualty is trust. Even scientists today are not immune from suspicion.

Adding their voice, Mint’s editorial reminded us that with rising inequality there is increasing suspicion (and hence breakdown of trust) that capitalist progress is rigged in favour of the elites. In the developed world, the growth rates of national incomes are decent, but median family incomes have stagnated for decades. The top 1% or 0.1% corner all the gains. The trust in the principle that “hard work alone gets you to the top” is fast eroding. The election and continuing popularity of President Donald Trump or outcomes like Brexit are a tip-of-the-iceberg manifestation of the cracks to the trust edifice.

Trust building in society is a hard, slow and painful process. It is aided by the personal integrity and credibility of our leaders. Uniform application of the rule of law helps. So does transparency and accountability in policymaking as well as decisions. 

Take the case of Aadhaar, India’s biometric-based unique identity for a billion people. Its genesis probably lies in the oft-quoted comment of former prime minister Rajiv Gandhi that for every rupee spent by the government on anti-poverty programmes, only 15 paise reach the intended beneficiary. 

There was great exasperation about immense leakages in the public distribution system (PDS), the fuel and fertilizer subsidy, and various other entitlement schemes. Much of this was due to corruption and a system susceptible to rigging.

How then do we devise a foolproof system which would deliver with minimum leakages? How to identify a genuine beneficiary? 

Enter Nandan Nilekani, one of the founders of the iconic software services company Infosys Ltd. That company’s motto had always been, not just to be the most profitable company, but to be the most respected one. In its meteoric rise to becoming one of the 20 most valuable companies in the world in the late 1990s, it also became synonymous with transparent corporate governance, earning the respect of peers in India and abroad.

So when Nilekani took over the project of providing a unique identity number to every Indian, he brought with him immense intellect, experience, execution capability, a talented team and, most importantly, credibility. It is because of the credible people behind the Unique Identification Authority of India (UIDAI) that it earned trust. The unique 12-digit number allotted by UIDAI, called Aadhaar, would answer the question “Who am I?” definitively. It would use the latest technology of scanning biometrics (eyes and fingerprints) and do instant authentication. The World Bank has called it a revolution and other countries are marvelling at India’s fast-paced implementation of covering almost a billion people in such a short time.

This is not the place to recount the history and progress of Aadhaar. This is also not the place to record the glaring legal lacunae that have come to light: that enrolment agencies have very little liability for wrong registration or errors, or that UIDAI has no legal liability for misuse, fraud, exclusion or denial of service in case the biometric confirmation fails. There is no recourse to go to the police or the courts. Aadhaar has expanded hugely in scope and application in the last few years. More than 50 services and schemes require Aadhaar linkage, without which they can be denied. This legitimacy will be tested in the courts because of pending public interest litigation.

However, the biggest cause for alarm is that Aadhaar’s reach is becoming Frankensteinian, as in the case of a starvation death in Jharkhand. An 11-year-old child died because the family was consistently denied rations from the fair price shop (PDS) since their ration card was not linked to Aadhaar. One death is too many. Other starvation deaths linked to biometric failure have also been reported. It made the nation’s headlines, and the chief minister temporarily suspended the Aadhaar requirement. 

In a rural setting, surely villagers know each other, and chances of masquerading are near zero. If a panchayat member can certify a person’s identity, it is almost criminal to deny food to the starving because a biometric scanner did not work. The poor and indigent often lack the gumption to “demand” their rights. They can easily be bullied, after having already been defeated by hunger. It’s no use saying that there is a manual override for scanner malfunction. That’s where more mischief and corruption can creep in.

Hence it is imperative that we stop the Aadhaar juggernaut before it infringes on the very right to life itself. As an aside, we should note that even privacy has been accorded status of “right to life” by the Supreme Court. Aadhaar’s battle with right to privacy is well known, and is being tested in the courts. But let’s express alarm and abundant caution about Aadhaar’s eclipse of the very right to life itself. The darkest moment of the emergency years was the apex court’s assent to the suspension of right to life. Thankfully, that was remedied by political means through the 44th amendment to the Constitution. Let Aadhaar not unleash another dark emergency-like phase by infringing on the right to life.

Ajit Ranade is chief economist at Aditya Birla Group.
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