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, May 20, 2018

13548 - Banks shouldn’t be saddled with other roles - Hindu Businessline

T+ T-

Indian banks Losing focus   -  istock.com

Making banks act as insurance agents and mutual fund managers is bad enough. Why rope them into Aadhaar verification?

Of late, the government has started treating the public sector banks like government departments by assigning various government tasks to them. How does one explain the recent government move forcing banks to involve themselves in Aadhaar enrolment and updating work? The government could have engaged operators from outsourced private agencies?

The identified bank officers have been mandated to obtain certification from UIDAI by enrolling and passing an online certification examination against payment of a specified fee. The responsibility of verification of identification documents, produced by people visiting bank branches to enrol for Aadhaar, is also entrusted on the bank officers.

Assortment of functions
The enrolment of Aadhaar has no connection with the banking business and will only lead to the bank personnel being engaged in unproductive activity.

Two thousand years back, the great Tamil poet Thiruvalluvar wrote ‘Peelipey saakaadum achchirum appandanj chaala mikuthup peyin’ which means, “Too great a load of even peacock feathers will break the axle-tree of the cart”. But the policy makers do not seem to be bothered about this sane advice.

Asking banks to engage in non-banking work started long ago. After nationalisation of banks, the government entrusted the work of calculation and payment of government employees’ pension. Later, they were mandated to collect various taxes and dues of the government. These are not banking activities as they involve the scrutiny, calculation and adherencei to government regulations. No bank has dared to ask the government why it has been entrusted with these non-banking activities.
Once the private banks came into existence, they started doing the business of insurance and mutual fund sectors by canvassing for insurance and mutual funds. In course of time public sector banks also followed them.
There is a fundamental flaw in allowing banks to operate in other areas. It is often forgotten that business of banking is different from other businesses. Entities in the business of financial services cannot be equated with that of banking.
Banking and insurance are quite different as well. Insurance is for risk cover for a premium; there is no need to repay the premium. Banking is acceptance of deposit for the purpose of lending and they need to repay the depositors. Repayment depends on quality lending and recovery. An insurer can merely collect the correct premium and provide coverage.
Why should their energy and capability be wasted on insurance penetration — an area in which they have little expertise?. Just because some income can be earned by way of commission, banks should not enter others’ territories.
When banks are supposed to mobilise funds as deposits, is there any logic in mobilising funds for mutual funds? In fact, mutual funds are competitors for banks. Simply because some commission is earned today, should the banks shift their bread and butter to some other industry? Is there not a clash of interest here?
As per Section 5(b) of the Banking Regulation Act, 1949, “banking” means the accepting, for the purpose of lending or investment, of deposits of money from the public, repayable on demand or otherwise, and withdrawable by cheque, draft, order or otherwise.
Where do we fit the business of insurance or mutual fund or Aadhaar related work here and why does the regulator Reserve Bank of India allow this?
Further Section 6(1) of BR Act has listed the different forms of business in which banking company may engage in and Section 6(2) is categorical that no banking company shall engage in any form of business other than those referred to in sub-section (1). Of course, there is a provision that the Central government may notify any other form of business.
Multiple masters
Banks must be run on sound banking principles and not based on who owns them. We nationalised the private banks as their owners were running them as per their whims and fancies and helping their friends and relatives by using public depositors money. Even so they were engaged in banking .
But government banks are spending their resources on unrelated activities.
Banks have multiple regulators. The RBI, SEBI and IRDA regulate them for banking activities, mutual funds and insurance activities, respectively. By mandating the banks to Aadhaar related work, they will be brought under UIDAI regulation too. The Bible says that one cannot serve two masters. But the government banks have multiple masters.
The writer is a retired banker

Published on May 14, 2018