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

Wednesday, January 3, 2018

12598 - Decoding the Aadhaar conundrum - Asian Age

THE ASIAN AGE.

Published : Dec 31, 2017, 12:04 am IST

An address proof acceptable for almost all facilities like a new bank account, passport, license, etc.

Aadhaar wallet app is the first government run wallet app for money transfers that enables digitisation of money and prevents theft or fraud.

Unique Identification Authority of India introduced Aadhaar as a portable identity, which can be authenticated anytime anywhere. Now, it is the world’s largest biometric ID system, with over 1.19 billion enrolled members as of 30 Nov 2017. With a lot of confusion about the deadlines for the linking of Aadhaar to various services like banking and telephone, some debate that it is helpful, while many are against it. Lawyers talk about the merits and demerits of the linking.

The 12 digit unique identification number Aadhaar, issued by the federal body — Unique Identification Authority of India (UIDAI) — to all residents of India, as directed by the Aadhaar Act, 2016, contains the biometric details and iris scan of every individual. While the obtaining of the Aadhaar was made compulsory and it was under process, people were also asked to link their Aadhaar with other important services such as banking, PAN, ration card, telecom service providers and a few more. Soon, about 147 documents were listed to be linked with the Aadhaar card. Although the majority of the population started linking their Aadhaar with the services, many also still have a confusion about why it has to be done, what are the risks involved and what could be the possible positive outcomes.


I feel that linking of Aadhaar to several services is a great way to move the economy forward. If there is an assurance from the government that the data is safe, there’s no need for the public to worry at all.  Crimes will be reduced by a great number.
The government also states benefits such as:
  • Subsidies for LPG cylinders.
  • Digilocker: A government run online platform to store all personal documents.
  • Ease of receiving pension by avoiding the visit to pension office every month.
  • Enabling of student scholarships and passport at a faster pace.
  • An address proof acceptable for almost all facilities like a new bank account, passport, license, etc.
  • Aadhaar wallet app is the first government run wallet app for money transfers that enables digitisation of money and prevents theft or fraud.
You can get the LPG subsidy in your bank account. All you need to do is furnish your Aadhaar Unique Identification Number (UIN). In fact, all government-related subsidies will reach you directly, thanks to your Aadhaar Card. There is no need to register separately for every government benefit.
The society will become more disciplined. Wrong-doers will not commit crimes because they will be easily caught. Also, by linking Aadhaar with a bank account, an individual’s bank account details are known to the government. They need to file proper income tax, which will thereby increase the revenue for the government. More funds mean better facilities for the public — thereby also reducing black money and other financial crimes.
— The writer is from the Chennai High Court and fights for societal and family cases.


Think of a common man, who has to stand in long queue to get the Aadhaar card. The concept of right of privacy enshrined in Article 21 of the Constitution of India will be only for the sake of reading. The danger to privacy is more because India does not have a data protection regime to prevent or punish personal data leakage.

“The Central Government or, as the case may be, the State Government may, for the purpose of establishing identity of an individual as a condition for receipt of a subsidy, benefit or service for which the expenditure is incurred from, or the receipt therefrom forms part of, the Consolidated Fund of India (CFI), require that such individual undergo authentication, or furnish proof of possession of Aadhaar number…” as stated in the Section 7 of the Constitution.

Aadhaar card is also not a proof of Indian citizenship. The matter has been decided by the Hon’ble High Court of Calcutta dated 30th November 2016 in Re Rani Mistri Case. The Aadhaar scheme has all those necessary ingredients that could easily push the common law abiding citizen into grave danger — primarily because, to get the Aadhaar card, one must first disclose  all personal details to the government which then holds on to it permanently.

This essentially means that through Aadhaar, the central government will be in a position to hold virtually anybody at ransom if and when it wants to.  The threats can also arise from the mischievous elements in the society including the mafia who, perhaps with a little effort, could always lay their hands on the income tax returns of individuals. Hence, I personally feel that India is not matured enough right now to take Aadhaar card like any other developed western nation. It is also not legally correct to thrust the Aadhaar Card on Indians now. Hence, considering the desperate appeals and petitions, the Supreme Court had set up a five judge bench and given orders in favour of the general masses and has extended the deadlines till March 2018.    

— The writer is a prominent Chennai-based lawyer. He is actively involved in many pro bono activities through Chennai Lawyers.