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, April 8, 2018

13221 - Poor are paying the heaviest price of Aadhaar: Economist Reetika Khera - News Laundry




Social scientist Khera discusses the media’s ‘propagandist coverage’ of Aadhaar, damage to the public distribution system and her faith in the Supreme Court.


By Cherry Agarwal | Mar 17, 2018 35 Comments

The Supreme Court on Tuesday, March 13, extended the March 31 deadline for linking various services to UIDAI’s Aadhaar.
A five-judge constitution bench, headed by Chief Justice Dipak Misra, is hearing a bunch of petitions against government directives making Aadhaar - a 12-digit unique identity number issued to all Indian residents based on their biometric data - mandatory.

With both sides still presenting arguments, the court extended the deadline indefinitely, i.e., until the five-judge bench delivers its verdict on the constitutional validity of the biometric identification programme. The extension, however, does not apply to the linkage of Aadhaar for accessing benefits under the government’s social welfare schemes.

The decision thus fails to bring relief to vulnerable Aadhaar-holders facing problems posed by biometric authentication failure - mainly the poor who are unable to access rations, subsidies or other benefits.

While the larger Aadhaar debate is about safeguarding citizens’ civil liberties, including their right to privacy, as well as preventing the country from becoming a “totalitarian regime”, at the microscopic level it means a choice for many. A choice between privacy and access to basic necessities such as grains, pensions and/or other entitlements.

Newslaundry catches up with Reetika Khera, a social scientist and development economist, to discuss issues relating to this debate. Khera speaks about the media’s role in the Aadhaar discourse, the press as a tool of propaganda, impact of policies such as Aadhaar and more.

Earlier this week, the deadline for linking Aadhaar with phones and bank accounts was extended, though it is still mandatory for accessing social schemes. Doesn’t this become a case of leveraging the need/dependency of a vulnerable section while being in breach of their fundamental right to privacy?

You are right in saying that what is essentially happening, what is de facto happening right now, is that for the right to life to be honoured for these vulnerable people, they are being forced to give Aadhaar but that means that another fundamental right, which is the right to privacy, is getting compromised. And, I think, in law, there is a principle which doesn’t allow this kind of barter.

So, how do we overcome this? What’s the solution? 
To overcome this we have to be patient and help the constitution bench understand what the problem is, and that is what is happening in the Supreme Court right now. The lawyers, who are arguing for different petitioners, are making this case, especially the ones who have taken up the Shanta Sinha petition.

Aadhaar is also perceived as a tool of surveillance. Right now, it is being done by private entities through data-sharing resulting in targeted ads, while Aadhaar would make it state-mandated. What are your thoughts? 
First of all, it’s already problematic that some private companies are able to mine our data and indulge in corporate surveillance, if I may call it that. And my response to that is that they must also be controlled and it is the role of the government to control them and lay down rules that put some restrictions on what they can or cannot do. But what we are seeing with Aadhaar is that the government is almost acting on their behalf, as their agent, and making the population fall in line and do their bidding, so to speak.
That’s why this case is very important and I do believe the judges are going to give a fair hearing and the minute they understand the problem, I am fairly confident the judgment will be in favour of the people.

With privacy deemed a fundamental right, why is the apex court not ruling in favour of the petitioners already?
If the right to privacy judgment is applied to the Aadhaar project, then there is no case really. But the fact is that we are dealing with a very impressive propaganda machinery which has made not just the judges, but also some sections of the population, believe that there are some genuine benefits of Aadhaar. And, in fact, some of them quiet laughably believe that the benefits are actually for the poorest sections of society.
What we have seen through our surveys is that the heaviest price of Aadhaar is being paid by the poor — they are being harassed, they are being excluded and are being denied rights and entitlements that they were getting before.
Lakhs of people are unable to buy their ration under the National Food Security Act because either they were unable to sync their Aadhaar number or because their fingerprints failed (authentication). And it is happening in Delhi itself, at ration shops that are just outside the Supreme Court. So you don’t have to go to Jharkhand to do a survey, it is all over the place. You go to an Aadhaar enrolment centre at Pragati Maidan and you can see the queues there, and see how bad things are, right under the nose of the Supreme Court. These facts have to be communicated. Because we are familiar with the issues, we know the facts. The judges hear all kinds of things, so once the judges know the facts they can take a call on this.

There are different means to bypass the system. And Aadhaar does little to address issues such as over-pricing in case of sugar and kerosene or quantity fraud. What are your thoughts? Outside the ambit of Aadhaar, how can these practices be curbed? 
There is one thing which is not well recognised - that in the past decade the public distribution system has been improving even in the worst states. So in Bihar, in the beginning of 2000, leakages were around 90 per cent - that (much) of the grain didn’t reach the people. By 2007-08 and 2011-12, the leakage rate had come down to 20 to 30 per cent. And all of this happened without Aadhaar.
So there are solutions to quantity fraud that are independent of Aadhaar. As far as overpricing is concerned along with these other problems, the solution according to me is awareness generation and creating a grievance redressal machinery so that if people have a complaint, they know whom to approach.

Is there a government provision that allows execution of such solutions?
The Food Security Act is supposed to have all these mechanisms. And in some states, they have been activated but in other states, they have not. The problem is that the scarce administrative machinery that is available to the food department is now entirely devoted to Aadhaar seeding instead of doing the work they were supposed to do, which was in part grievance redressal. So in that sense also, Aadhaar is damaging the public distribution system.

One of the basic problems with implementation of Aadhaar seems to be unavailability of resources. While you gave an example of human resources, it is also resources such as electricity. Earlier, interventions such as demonetisation created disruptions, among other things, for lack of adequate infrastructure. What would be the scale of disruption that Aadhaar’s implementation would cause? Also, how would it impact the way the public distribution system is accessed?
See, there are many states in the country that are taking logistical infrastructural constraints into account when designing the system. Tamil Nadu, according to me, is a reasonably good example. They know that the internet is unreliable so they have designed a system that works offline also.
But Aadhaar is a system which is saying that we have to dance to their tunes. Now that’s possible in some cases and not possible in others. Now because there is no other alternative in those places is why people are being deprived.

If every state was given the right to sort of tailor Aadhaar to their needs and context, would it be okay then? 
No, Aadhaar is unnecessary in the public distribution system. The only form of fraud it could control is identity fraud and now there is a study by J-PAL which is showing that in Jharkhand they found no ghosts in the system. So Aadhaar is bringing nothing to the table, it’s pain without gain. You are controlling people in all these different ways, but in the bargain, you are not improving anything. So even if everything works out beautifully, even then you will be left exactly where you were before, so that’s the problem with Aadhaar. As for the public distribution system, I would say there is no need for it. For pensions, if my money is coming to my bank account, then what is the need for Aadhaar?

If mandated, then what is the impact that we are going to see? 
If Aadhaar is made compulsory then it would be a devastating blow to the welfare system, that has slowly been put in place and has even more slowly begun to work for the people. Like demonetisation, I think Aadhaar is a bad policy, which is being implemented badly.

What would be an ideal solution?
At the moment, the government is telling the states that you integrate Aadhaar, whether the public distribution system benefits or suffers is not our concern. My concern is exactly the opposite. I want the public distribution system to function well and any technology that enables the process is welcome, anything that damages the system is not.

What role has the media played in changing the Aadhaar discourse? How would you rather see it engage with issues, especially those with large-scale impact?
There has been a serious problem of propagandist coverage, especially in the mainstream business media. It has changed a little bit in the past year or so. But certainly, in the initial years, their marketing strategy was so strong that it’s now really hard to dislodge the belief from people’s mind that Aadhaar is good for the poor. It is like you watch a Maggi ad and start believing it is healthy.

Who do you think is behind this propaganda machine? And how has absence of reportage impacted the Aadhaar narrative?
We have some guesses, we know that their budget for publicity is massive. Under an RTI plea, I had asked the UIDAI about its publicity budget but they denied it.
Because there is not enough reporting on the issue, people are not understanding that it is not just me alone who is suffering and that there actually is a common cause. That why I believe reporting on the issue, not editorials, is important. It’s a matter of facts, and the facts are being suppressed because the media is not giving space to these things.

What kind of media coverage would you hope the issue gets?
It is always hard for issues such as these to get space in the mainstream media, it is not a new thing. But now what is happening is that there is a lot of displacement effect because random, nonsensical statements - “nobody saw a monkey become a man” - get a lot of media publicity. So the displacement effect is very damaging.
A good place to start would be just reporting, just asking people what different ways has Aadhaar impacted your life, is it good or bad? Reporting would make a difference as it would establish a common cause and bring more people together.
(Cases of people being unable to access pension due to Aadhaar have already been reported.)


Transcribed by Rahul Satija, a Newslaundry intern.