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

Showing posts with label Aruna Roy. Show all posts
Showing posts with label Aruna Roy. Show all posts

Tuesday, December 4, 2018

13955 - Meet the Aadhaar naysayers, whose objection is that the system takes power away from the people p- Scroll.In


NS Ramnath and Charles Assisi’s ‘The Aadhaar Effect’ address some of the questions that users of the national identification project need answered.

Wikimedia Commons/Creative Commons licence
Nov 14, 2018 · 08:30 am

Why should civil society – which presumably has public interest in mind – want to junk a programme that the government asserts was created for inclusion, better delivery of public goods, and for innovation that will help society at large?

The answer to these questions lies in the stories of social sector activists and technologists, and how they came together to fight what they believe is one of the biggest wars of our times.

Identity or identification?
“When I first read about Nandan becoming the chairman of UIDAI and his vision to give an identity for every Indian, I felt happy. At that time I believed it will empower people,” Usha Ramanathan, one of the most vocal and earliest critics of the project told us. “I had seen how providing an identity to the poor could help them. It happened with the voter ID cards. So, in the beginning I was all for it.”

“Later, UIDAI had organised an event in Bengaluru. They invited academics, researchers, and activists to explain the project. Nandan Nilekani gave us a presentation on their vision for UID, and listening to that, it became clear to me that it was not an identity project. It was an identification project. It was right there in the name, Unique Identification Authority of India.”

“An identity project would give power to the people, it will empower the poor by giving them an identity. An identification project empowers the state. That’s a big difference,” she said.
We met Ramanathan at India International Centre in New Delhi one early morning in June 2017. She introduced herself as a “Khan Market Liberal”, a lighthearted reference to Nilekani’s description of the critics a couple of months earlier. At the cafe inside, she suggested we sit away from the other members to ensure our recorder doesn’t inadvertently catch their conversations.

Ramanathan is one of the most prominent voices in legal research. After studying law at Madras University, the University of Nagpur, and Delhi University, she immersed herself in the intersection of law and society. Earlier, among other things, she had worked on security and welfare laws to improve the lives of beggars. She had also lent her support, expertise, and voice to some of the defining cases of civil society, including the Bhopal gas disaster, the campaign against Narmada valley dams, and slum eviction in Delhi.

For a long time, she used to go around on a scooter. She still doesn’t carry a mobile phone. It’s not that she doesn’t like technology. As she once explained, “For me, when it comes to any technology, the question is whether I will be using it or whether the technology will end up controlling me.”

Her concerns about Aadhaar stem from the same question. Over the years since her first insight about the project – that it is not an identity project, but an identification project – she found that the actions of the government and UIDAI had only justified her concerns. “It was sold to us as if it was voluntary, but now, it has in effect become mandatory. It was sold as a cure for all the problems facing the country, but the government hasn’t honestly answered questions about its impact,” she told us.

The jholawala economist and his friends

Jean Drèze, who now teaches economics at the University of Ranchi and has co-authored books with Nobel Prize winning economist Amartya Sen, has been a vocal critic of the project right from the word go. To slot him as an academic who studies development economics would be unjust to what he believes in and what he does.


The son of Belgian economist Jacques Drèze (whose contributions include a classic and one of the most widely cited papers on equilibrium), Jean did his PhD in India and eventually took Indian citizenship. Even back in 1979, he lived in a slum in Delhi to better understand the people he was researching on (perhaps making him the poster boy for the diehard do-good, jhola-sporting activist). It’s a method he persists with till today, and that has ingrained in him a deep respect for the poor.

After 15 years of research on hunger and famines, one is perhaps entitled to feel like an “expert” of sorts on these matters, he wrote in the Economic and Political Weekly. “Yet I did not always find myself better equipped than others to understand the practical issues that arose in this situation. At times, I even felt embarrassingly ignorant compared with local people who had little formal education but a sharp understanding of the real world. Some of them were curious about my collaborative work with Amartya Sen (who had become a household name in India after winning the Nobel Prize for Economics), but when I tried to explain to them the main insights of this work, they were not exactly impressed. It is not that they disagreed, but they just thought that the basic message was fairly obvious.”

He doesn’t stop himself from showing his connection to the real world. Once, in 2009, during an interview at NDTV studios, he brought a food basket, and while making his argument, pulled out an overripe banana, an egg, and a packet of milk, and spelt out the cost of each to underscore his point that getting nutritious food is expensive for the poor, and even for the middle class.

His was also an influential voice during a good part of the UPA regime under Prime Minister Manmohan Singh. The UPA was dependent on the Communist Party during its first term, and the common minimum programme leaned heavily on development and inclusion. Drèze was a member of the National Advisory Council, and he practically wrote the government’s employment guarantee law, which assured at least 100 days of employment for the poor. What Drèze brough to the table was research, action, and influence.

His concern about Aadhaar was that it was trying to fundamentally disrupt the social security system that was emerging, not by itself, or by the benevolence of the government, but by back-breaking activism on the ground by generations of social workers. Going through his early criticism on Aadhaar suggests that it was twofold. One was that a disruptive initiative such as Aadhaar could lay waste the years of work building networks, legislation, and institutions – and replace it with a cash transfer programme. Two, it was in effect laying out a red carpet for corporate interest.

A 2010 piece he wrote captured his concerns. The real game plan, for social policy, seems to be a massive transition to “conditional cash transfers” (CCTs). There is more than a hint of this “revolutionary” plan in Nandan Nilekani’s book, Imagining India. Since then, CCTs have become the rage in policy circles.
A recent Planning Commission document argues that successful CCTs require “a biometric identification system”, now made possible by “the initiation of a Unique Identification System (UID) for the entire population...” The same document recommends a string of mega CCTs, including cash transfers to replace the Public Distribution System.

If the backroom boys have their way, India’s public services as we know them will soon be history, and every citizen will just have a Smart Card – food stamps, health insurance, school vouchers, conditional maternity entitlements and all that rolled into one. This approach may or may not work (that is incidental), but business at least will prosper. As the Wall Street Journal says about the Rashtriya Swasthya Bima Yojana (which is a pioneering CCT project, for health insurance), “the plan presents a way for insurance companies to market themselves and develop brand awareness”.

Another equally powerful voice in the National Advisory Council was that of Aruna Roy. Roy is a former IAS officer and co-founder of the Mazdoor Kisan Shakti Sangathan (MKSS) along with Nikhil Dey. Roy, Dey, and their colleagues kick-started the Right to Information (RTI) and employment movements in India. And their concern about Aadhaar was similar to Drèze’s – far from empowering people it could become the most powerful tool to disempower people.

On a visit to the National Institute of Advanced Studies in Bengaluru in 2010, Dey gave a sense of how he looked at MGNREGA (Mahatma Gandhi National Rural Employment Guarantee Act) and RTI, which incidentally throws light on the reasons for his discomfort with a centralised, digital initiative like Aadhaar. MGNREGA and RTI, he said, represented a switch in power relationships in the society.

MGNREGA allows every rural Indian to demand work, and they would get it in 15 days. It’s a move from a legal system where the government was dishing out things, to a system in which people can demand entitlement and government is accountable for it. Once that’s in place, people will figure out a way to audit and account their entitlements.

One common refrain among many who have worked with the poor is the way they used walls as a tool. Every detail is painted on the wall for everyone to see. In Rajasthan for example, MKSS got the details of MGNREGA workers and the amount they received painted on a wall, reducing the chances of the agents siphoning off a part of wages. Transparency makes feedback loops work stronger. (If you recall, in Nigeria, the simple act of publishing in newspapers the amount spent on schools resulted in less leakage.)



To Usha Ramanathan, Jean Drèze, Nikhil Dey, and others, the big apprehension was that Aadhaar did not switch the power from the state to the people, like MGNREGA or RTI did, but it gave more power to the government. Those who ran the government, the bureaucrats and the politicians, held the digital switch that could provide or deny entitlements to the poor.

Those who were worried about the risks of Aadhaar were concerned about these twin issues: that the government would push Aadhaar in various schemes to citizens, and at the same time, create infrastructure compelling businesses to try out Aadhaar and related technologies. They were marketed as if they would empower the citizens and consumers. But the result could be quite the opposite.

But these early opponents of Aadhaar would get support from a least expected quarter – from Bengaluru, metaphorically speaking.

Seeds of exclusion
Reetika Khera is an economist very much in the mould of Jean Drèze, in that her research involves feet on the ground. Like many activist-academics, she puts her research ahead of personal comforts. 

One evening, she was at Amnesty International’s offices in Bengaluru. It was 4:45 pm, and she still hadn’t had her lunch. Someone managed to pack her something from a cafe nearby. Peeling her eyes off the computer screen long enough to thank her profusely, Khera had her “lunch”, eyes back on the screen, working the keyboard with one hand.

In 2013, when A Babu was the collector of East Godavari district in Andhra Pradesh, Khera went there to study a pilot project involving the use of Aadhaar in the PDS. Babu was piloting an end-to-end computerisation of PDS at the time. Instead of having to present a paper document or a smartcard at the shop, users could authenticate themselves by providing their Aadhaar numbers and biometrics. If the fingerprints didn’t work, they could use mobile OTPs. It took about a year of ground work to launch the pilot.

During her visit Khera found some things that she liked – the computerization of the back end, and the ePOS terminals. However, she also found many of the problems that would haunt the other projects in other cities. People were not too excited about the change – the earlier method took less time and was not dependent on technology. Some of the Aadhaar numbers were not linked to the existing database. One lady missed out on ration because she could not authenticate herself. The ghosts that were found could have been found through a door-to-door survey rather than biometric deduplication. In short, she was fine with computerisation, but not with Aadhaar.
Aadhaar supporters argue that technology will improve, that designers learn from past mistakes and things tend to get better.

Asked if she found things improving on the ground, Khera replied in the negative, pointing out to exclusions in Rajasthan, Jharkhand, and other places. (In September 2017, 11-year-old Santoshi Kumari died of hunger because she was denied ration as her Aadhaar was not linked to the system.)

However, towards the end of 2013, the same year that Khera studied the East Godavari pilot, it seemed as if the civil society had won a resounding victory over government imposition of Aadhaar. The UPA government could not pass a law to back Aadhaar. A standing parliamentary committee report submitted by former Finance minister and BJP leader Yashwant Sinha adequately reflected their views. The government had put a stop to the LPG DBT scheme (though it was not because of the efforts by Drèze and fellow activists, but because of lobbying by Kerala LPG distributors).

And BJP, which seemed to be gaining ground every passing day, driven by the charisma of Narendra Modi, was roasting the government in its election campaign on account of Aadhaar. Nilekani, who stood for elections on a Congress seat from Bangalore South constituency, lost to his BJP rival.

Excerpted with permission from The Aadhaar Effect: Why The World’s Largest Identity Project Matters, NS Ramnath and Charles Assisi, Oxford University Press.

The Aadhaar Effect is the first in a series of books from Founding Fuel on themes important for those in leadership roles.

Support our journalism by subscribing to Scroll+ here. We welcome your comments at letters@scroll.in.

Monday, April 16, 2018

13288 - Individual data goldmine of commercial information, says SC - Business Standard

IANS  |  New Delhi 
Last Updated at April 12, 2018 21:05 IST

Expressing serious concern over information surveillance taking place in the country for commercial purposes, the Supreme Court on Thursday said that individual data is a goldmine of commercial information.

"Today, commercial information is itself a goldmine of information. Even little things we disclose for Aadhaar is available for commercial purposes. We are dealing with data of 1.3 billion people, some of who may be poor...but the goldmine of information is available for commercial purposes," the five-judge constitution bench observed.

The observation by the bench, headed by Chief Justice Dipak Misra, came after the Unique Identification Authority of India (UIDAI) contended that biometric and demographic data on 1.3 billion people stored with it was secure from any intrusion.
"Information of individuals is a goldmine, a source of huge commercial market outside" and "today, all information about an individual is of commercial value" said the bench, also comprising Justice A.K. Sikri, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud and Justice Ashok Bhushan.

The court's observation came as senior counsel Rakesh Dwivedi, appearing for the UIDAI, sought to assure the constitution bench that they have foolproof system where every information gets transformed in an encrypted form that cannot be cracked and thus cannot be hacked.

Stating that currently, India did not have a "robust data protection law", the court told Dwivedi that the leak of information might not arise at the UIDAI end but at the end of requesting authority seeking authentication of information of the Aadhaar holder.

Informing the bench that when a request reaches UIDAI for the authentication of individual data, they only say "yes" or "No" and no individual information was shared, Dwivedi, however, said that they had no control over the requesting authority.
At this, the bench said that this made the requesting entity an uncharted sea.

During the course of the hearing, when Dwivedi told the bench that the UIDAI only knew about the request of authentication of identity and nothing about the transactions being undertaken by the Aadhaar holder, Justice Sikri said: "You may not have details of transactions but you have the details of (individual's) activities."

Dwivedi said that government did not need Aadhaar for doing surveillance. "Surveillance is happening, but nobody needs Aadhaar for that."

The court was hearing a batch of petitions, including by former Karnataka High Court Judge K.S. Puttuswamy, Magsaysay awardee Shanta Sinha, feminist researcher Kalyani Sen Menon, social activists Aruna Roy, Nikhil De, Nachiket Udupa and others challenging the constitutional validity of the Aadhaar scheme on the touchstone of the fundamental right to privacy.
--IANS

pk/nir/vm
(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)



First Published: Thu, April 12 2018. 21:02 IST

Sunday, January 28, 2018

12798 - Giving Aadhaar the finger - Times of India


Himanshi Dhawan | Jan 28, 2018, 01:30 IST

While it may not be a wide uprising, sections of middle-class India have woken up to the flip side of Aadhaar in recent months, thanks to the efforts of a determined bunch of people who've been up in arms against government notifications making the unique identification number mandatory to access bank accounts, pay taxes, use mobile phones and loads of other services. So who is this motley crew? Sunday Times surveys the main camp of Aadhaar opposition

SOCIAL ACTIVISTS 

Aadhaar's dangers were flagged as early as 2010 by legal researcher Usha Ramanathan, activists like Bezwada Wilson and Aruna Roy, and economists like Jean Dreze and Reetika Khera, who petitioned the courts about food and welfare benefits being denied to those in need. In 2016-2017, the government made Aadhaar mandatory to access PDS, midday meals, maternity benefits, and supplementary nutrition for young children. Living and working among rural communities in Jharkhand gave Dreze an insight into how Aadhaar, which began as a voluntary facility, had become a "coercive and invasive project.'' Dreze says: "I had early opportunities to witness the hassles that Aadhaar authentication often creates for poor people. So I started questioning the project, at least in its current form." 

Anjali Bhardwaj, an activist with NCPRI and Rozi Roti Abhiyan working in Delhi, found that as early as 2013, the Sheila Dikshit government had made Aadhaar mandatory for marriage certificates, land ownership and other documents. "At that time the scheme was sold on the pretext that if you have no other form of identification, you can get Aadhaar,'' she recalls. 

Reetika Khera | Economist 

Biggest problem with Aadhaar I used to say Aadhaar is a remedy in search of a disease; now, I say that the remedy is worse than the disease. It is denying people their entitlements, and exclusions are being presented as savings 

What is the fix? At the very least, it must be made voluntary. Those coerced into it must be allowed to opt out 

The LEGAL EAGLES 

The first challenge to Aadhaar came in 2012, when former judge Justice K Puttaswamy filed a writ petition arguing that it violated the right to privacy and had no legislative backing. 2013 was a year of heavy challenges, with eight petitions being filed. Four more were subsequently filed in 2014 and five in 2015. 

Another 12 challenges have cropped up since the government passed the Aadhaar Act in 2016. Now there are 26 petitions before the Supreme Court with about 12 senior lawyers, including Gopal Subramanium, Shyam Divan, Meenakshi Arora, Arvind Datar and Anand Grover assisted by nearly 60 others. Most are working pro-bono. 

Divan, whose oratory and arguments in the case have won him some new fans, is so committed to the cause he does not even have an Aadhaar number yet. As an independent lawyer, Apar Gupta's interest was piqued in July 2015, when the government argued that citizens did not have an absolute right to privacy. "It was a key moment,'' he recalls. Gupta has been assisting the senior counsels in the case and tweeting the legal twists and turns. Lawyer Gautam Bhatia's handle has livetweeted legal proceedings, arguments by the government, the Aadhaar critics and court observations. 

Apar Gupta | Lawyer 

Biggest problem It is a tech-based solution that makes over-ambitious promises and does not respect the civil rights of an individual 

What is the fix? The government must acknowledge that Aadhaar, in its current form, has too many problems. It needs to consider expert views. The UK had also created an ID project, and then spent more money to scrap it 

DATA/TECH GEEKS 

First, Bengaluru police published 13,000 call records online for a hackathon in October 2015, and then even the local pub started demanding Aadhaar for entry. This was enough to send alarm bells ringing among the data security community in Bengaluru. Internet researcher Srinivas Kodali, digital rights activist Anivar Aravind and others like him have been relentless in flagging off Aadhaar-related technical glitches, like the potential storing and cloning of biometrics. For Anand Venkatanarayanan, software engineer and privacy buff, curiosity turned into active disquiet in early 2017 when UIDAI announced that the 12-digit number was mandatory for the mid-day meal scheme. Around the same time, his five-year-old son ended up with a few missing fingerprints because of skin grafting to fix an injury. "Obviously I have more skin in the game than anyone else to understand the issues around biometric enrolment and authentication failures as even schools were demanding Aadhaar for admission,'' he says. 

Srinivas Kodali | Internet Researcher 

Biggest problem Data sharing by the government without individual consent 

What's the fix? Allow Aadhaar as just one form of identification 

THE MEME MISSIONARIES 

Anyone heard the Ajit joke: "Robert, iska Aadhaar destroy kar do. Bina Aadhaar ke yeh zinda laash banke reh jayega"? Or the one about PM Modi advising Virushka to get an Aadhaar if they want their marriage recognised? Aadhaar critics got their big public boost after some social media influencers stepped up the game with memes, WhatsApp jokes, Twitter handles like @no2UID, and videos that grabbed attention. Political analyst Meghnad S, @memeghnad on Twitter, says that his antennae went up after the concerns raised by the parliamentary committee headed by former cabinet minister Yashwant Sinha, and interactions with social activists. "Some of us started talking online about the systemic flaws," the 28-year-old says. Soon, the jokes were in full flow on #Aadhaarmemes. Sarcasm was a potent response to new reports about bank access and emergency medical care hinging on Aadhaar. Rachita Taneja, the 26-year-old creator of the web comic Sanitary Panels, sees Aadhaar as a human rights issue. She took on Amazon India for demanding mandatory Aadhaar-linking to investigate a lost or damaged package. Soon, reports started pouring in of other companies forcing users to link Aadhaar. This is the popular face of the Aadhaar resistance, supplementing the behind-the-scenes research and activism. Says Nikhil Pahwa, founder of Medianama and social influencer, who had also helmed the public campaign for net neutrality: "It is my civic duty to push for better policy and implementation. We need more people to get involved, because Aadhaar impacts us all." 

Rachita Taneja | Web Comic Creator 

Biggest problem Recent data breaches show that our data is up for grabs and our privacy is not upheld 

What is the fix? The question we should be asking is, can Aadhaar be fixed at all? 

PHOREN FACTOR 

Former CIA employee and whistleblower Edward Snowden and Microsoft regional director and data security expert Troy Hunt have bolstered Aadhaar critics. In the last fortnight, Snowden said the programme was an "improper gate to service". He also expressed fears about private companies storing personal databases with Aadhaar details. Hunt, on the other hand, wrote a piece describing the claim of Aadhaar being hack-proof as "ludicrous". He points out that there are only "degrees of security and never an absolute position of security". 

Troy Hunt | Data Security Expert 

Biggest problem Government's assumption that Aadhaar is hack-proof and secure

What is the fix? Handle consumer concern better, control messaging and be more receptive to feedback. Acknowledge the reality that all systems have risks and that yes, it's possible Aadhaar may be hacked 

TOP COMMENT
Aadhaar is not a novel experiment by Indian government! It is similar to many such processes all Over the world. Hacking aadhaar doesn't make any difference whatsoever as hacking of PAN numbers has PAN numbers has never been a problem. It is mandatory for nation. To all those fools who will rant obscenities against PM MODI, get well soon.
Gagan Saini


Saturday, January 20, 2018

12693 - Who Is Running the ‘Orchestrated Wine And Cheese Campaign’ Against Aadhaar in the SC? - The Wire

Who Is Running the ‘Orchestrated Wine And Cheese Campaign’ Against Aadhaar in the SC?

Defenders of Aadhaar have called opposition to it an organised campaign stemming from paranoia. But a look at the petitioners proves it is anything but.

One cannot confirm if any of these petitioners, who have all submitted bulky petitions, do in fact drink wine or/and eat cheese. Credit: File photo

New Delhi: Just last week, UIDAI’s former chairman Nandan Nilekani called the opposition to Aadhaar, an “orchestrated campaign”. A few days before that, an editorial in an Indian news portal said the opposition comes from “activists of the upper crust, upper class, wine ‘n cheese, Netflix-watching social media elite – mostly of the Left”.

And in an interview with The Wire last year, former Attorney General Mukul Rohatgi said, “This paranoia is coming from a few people in a country of 150 crore.”

Nilekani, the architect of the Aadhaar project, has also spoken at length in reference to a major story in The Tribune that took on global resonance on how India’s entire Aadhaar database is being breached and leaked through various vendors.

Among the more prominent faces at the helm of the fight is one Padma Shri awardee, three Ramon Magsaysay awardees, three former Indian army personnel, a retired high court judge, a parliamentarian and the entire government of West Bengal.

And yet who are these people who apparently “drink wine, eat cheese”, and also make a commitment to the Supreme Court to spend money and time (over six years for some), only to spite Nilekani’s Aadhaar project?

The protesters
A look at the 30 challenges filed before the Supreme Court and the people behind them casts doubts on the accusations that the ‘wine and cheese’ lot have no understanding of base realities.

In fact, by simply looking at the various sections of society those opposed to the project belong to, it becomes clear that this isn’t an organised and ‘orchestrated’ campaign, but a motley bunch of individuals who have been tagged together by the Supreme Court on a now bloated Aadhaar petition. The earliest petition (by retired Justice Puttaswamy) has been plodding along for six years, since 2012, and 11 others out of the 30, joined the fight the very next year.


One cannot confirm if any of these petitioners do in fact drink wine or/and eat cheese, but from reading their bulky submissions, they appear have committed themselves to a cause that they truly believe interferes with the lives of the Indian people.

Justice (retired) Puttaswamy: At 92, Puttaswamy is one of the oldest living petitioners in the Supreme Court, and the oldest petitioner in the Aadhaar case. He was born in 1926 and enrolled as an advocate in 1952. By 1977, he was appointed a judge of the Karnataka high court. His challenge, a path he put himself on in 2012, is the first challenge to the Aadhaar case. The now historic privacy judgement delivered in August 2017, takes its name from his challenge.

Bezwada Wilson: Wilson has been the driving force behind India’s efforts at providing dignity, security and emancipation to manual scavengers who risk their lives while cleaning drains and latrines. Manual scavengers, who largely belong to the ‘lower caste’ in India, face stigma and exclusion. Wilson is not new to long-fought and hard-won public interest litigations and has fought a case which led to the government to pass laws for the prohibition of the employment of manual scavengers. In 2016, he received the Ramon Magsaysay award.

Major General (retired) SG Vombatkere: Vombatkere retired as a major general of the Indian Army after 35 years of service. He is now over 70 was awarded the Visishta Seva Medal by the President of India in 1993. He is a key petitioner in this case along with Bezwada Wilson. Their submission says it is “wider” than Puttaswamy’s and calls for the Aadhaar Act to be declared a violation of Article 14, 19 and 21 of the Indian constitution and asks that no one be denied any service on account of Aadhaar. They have also asked the court to direct that all data collected under Aadhaar by the public and private sector be destroyed. They have challenged the National Population Register and Aadhaar’s link.

Shantha Sinha: Shantha Sinha was the first chairperson of the National Commission for Protection of Child Rights and served two consecutive terms (2007 to 2013). She has also been on various other government committees on national integration, right to education, mid-day meals and adult education. Her work on the ground in Andhra Pradesh was directed at rescuing children from child labour and admitting them to government schools. She also received the Ramon Magsaysay award in 2003 and the Padma Shri in 1998.

Kalyani Menon Sen: Sen is a feminist scholar and has been an activist for women’s rights for over 25 years. She has worked with the United Nations Development Programme, advising on gender related issues. Sinha and Sen are co-petitioners in their case. Some of their prayers are similar to Wilson’s and Vombatkere’s. They’ve also moved court seeking that “accounts of current bank account holder will not be made in-operational and future applicants will not be coerced to submit their Aadhaar numbers.” They’ve petitioned the court similarly for the government’s order on linking mobile numbers to Aadhaar.

Aruna Roy: Roy was briefly a bureaucrat in the Indian Administrative Service (1968 to 1975) but resigned and is now known for her nearly 40 years of work with the rural poor in Rajasthan and ‘Mazdoor Kisan Shakti Sangathan’ which she runs. She was also a key figure in the movement which led to India passing the Right to Information Act as well as the Right to Food. She was a member of the UPA’s National Advisory Council for five years and was instrumental in the passage of the Mahatma Gandhi National Rural Employment Guarantee scheme. Along with Wilson and Sinha, Roy has also received the Ramon Magsaysay award.

Nikhil Dey: Dey is a long-time colleague of Aruna Roy, a co-founder of the ‘Mazdoor Kisan Shakti Sangathan’ and a co-petitioner with her on this case. With Roy, he too has worked on the right to information, food and employment in India. Their petition saw every state and union territory of India being made a respondent. “The present experimentation would undoubtedly result in social exclusion by depriving persons of the fundamental rights and also putting at stake vast sums of tax payer’s money,” says their petition.

Major General (retired) SCN Jatar: Jatar served with the Indian Army from 1954. He commanded an engineer regiment in India’s 1971 war in the Poonch Sector (Jammu and Kashmir) and was the commander of infantry brigades in the Kashmir Valley and Rajasthan dessert, from 1977 to 1981. He has been appointed to several government committees and was also the Chairman at ONGC Videsh Limited and Oil India. His petition saw the Election Commission and Reserve Bank of India appear as respondents.

Colonel (retired) Mathew Thomas: Thomas, who is around 80, retired as Colonel from the Indian Army and has seen military action in Nagaland, China and Pakistan. In 2014, he was invited to address a BJP parliamentary panel, where he explained various issues around the Aadhaar scheme. He has asked the court to direct an investigation into the role of foreign and private companies in the collection of biometric data of Indians.

Supporting material in the form of research has been submitted to the court by Reetika Khera (professor at IIT Delhi), Jean Dreze (co-author with Amartya Sen of An Uncertain Glory: India and its Contradictions), Jude Terence D’souza (securities system specialist in Mumbai), Anand Venkatanarayanan (data security expert in Bangalore), Samir Kelkar (security consultant) and Anumeha Yadav (journalist, formerly at Scroll.in).


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Tuesday, November 21, 2017

12405 - Govt makes strong pitch for Aadhaar, tells Supreme Court scheme saved India Rs 60,000 crore - India Today


The Narendra Modi put forward a strong case for Aadhaar in the Supreme Court, telling the court the scheme saved the country Rs Rs 59,677 in the last three years. The government also said Aadhaar ensures privacy.

 | Posted by Dev Goswami
New Delhi, November 19, 2017 | 

The government also said Aadhaar's technical architecture ensures privacy and security (Picture for representation)


HIGHLIGHTS
  • 1 - Aadhaar-DBT scheme saved India Rs 59,677 crore, govt tells SC.

  • 2 - 88 per cent of population has obtained Aadhaar: Govt
  • 3 - Scheme's technical architecture ensures privacy and security: Govt

Making a strong case for Aadhaar cards, the Narendra Modi government has told the Supreme Court that it could save a whopping Rs 59,677 crore through Direct Benefit Transfer (DBT) scheme in the last three years by weeding out duplication and fake claimants of welfare measures.

The Centre also said 118.64 crore Indians, which is 88% of the population, had obtained Aadhaar and they used it 1,216.8 crore times for authentication purposes.

Questioning claims that linking of biometric data collected through Aadhaar to banking, mobile connections and other services was a violation of right to privacy, the government also said over 12.64 crore bank accounts were opened using Aadhaar-based e-KYC (Know Your Customer).

The assertion through an affidavit comes ahead of the SC constitution bench hearing which will determine if the mandatory rule to submit personal details including iris scan and fingerprints violate the right to privacy as argued by a host of petitioners who have challenged it.

Critics say the ID system weaves together enough data to create a full profile of a person's spending habits, their friends, property they own and a trove of other information.

'PUBLIC INTEREST'
"There is a clear public interest in ensuring that the various benefits, subsidies and services being offered by the state should reach the intended beneficiary and not to fakes and duplicates, which proliferate in the system leading to loss of crores of rupees of public money", said the affidavit of RP Pant, UIDAI assistant director general, and drafted by the body's standing counsel Zoheb Hossain.

The unique identification authority had in an earlier instance said public sector oil companies detected around 55,000 duplicate connections on the basis of Aadhaar numbers and once these connections are blocked, it would save the exchequer around Rs 35 crore annually.

The court should encourage and endorse the use of Aadhaar-based biometric identification to prevent pilferage, leakages and to ensure elimination of bogus or fake persons from the system, it said.

'HIGH LEVEL OF PRIVACY'

Seeking to allay fears of data leaks, the UIDAI said "technical architecture of Aadhaar has been structured in such a way, to ensure clear data verification, authentication and de-duplication, while ensuring a high level of privacy and information security."

The apex court in its August 24 landmark verdict declaring privacy as a fundamental right expressed concerns over inroads made into an individual's right to privacy in the digital age and called for a data protection law proportionate to the purpose for which data is collected and stored.

"Informational privacy is a facet of the right to privacy. The dangers to privacy in an age of information can originate not only from the state but from non-state actors as well. We commend to the Union government the need to examine and put into place a robust regime for data protection," the SC had said.

QUESTION OVER AADHAAR REMAINS

The nine-judge bench of SC while declaring right to privacy a fundamental right has not commented if the Aadhaar scheme was a violation of it, as contended by the petitioners. This question has been delegated to a separate fivejudge bench which will begin hearings soon.

But a minute reading of the judgment makes it clear that the bench might have left enough loopholes, through reasonable restrictions on the extent to which citizens can enjoy fundamental right to privacy, after which the scheme may have secured a lifeline.

The judges also said the right to privacy is not absolute and has certain limitations.

One of the judges, Justice S K Kaul, in the privacy judgment bench even ruled that there is no harm in seeking details in legitimate national security interest, in public interest including for scientific or historical research purposes or statistical purposes.

He even said that private information can be elicited for regulatory framework of tax and working of financial institutions and markets.

The bench said "the legitimate aims of the state would include for instance protecting national security, preventing and investigating crime, encouraging innovation and the spread of knowledge, and preventing the dissipation of social welfare benefits."

Petitioners including retired Karnataka High Court judge K Puttaswamy, and social activist Aruna Roy said details for Aadhaar are collected by private contractors and NGOs hired by UIDAI without any safeguard, making them prone to misuse.


They claimed empirical research shows that the biometric identification denoted for UID, namely the iris scan and fingerprint identification, is faulty and could be abused.

Tuesday, November 7, 2017

12312 - Aadhaar: Eminent citizens seek transparency - UNi India

Posted at: Nov 6 2017 4:53PM


New Delhi, Nov 6 (UNI) A number of eminent jurists, citizens and rights activists on Monday wrote a letter to Justice Srikirishna seeking greater transparency in the Data Protection Committee set up by the Government to deliberate on a data protection framework for the country.

The authors of the letter, who include Justice AP Shah, civil servant Gopal Krishna Gandhi, rights activist Aruna Roy, Nikhil Dey, Prof Upendra Baxi and former chief information commissioner Wajahat Habibullah among many others, have also questioned the composition of the committee, though expressing complete faith in its head Justice Srikishna.

They pointed out that most members on the current committee had in the past voiced or echoed views that seem to support Aadhaar, the brand created by the UIDAI, and some had even taken stands in the Supreme Court to challenge the fundamental right to privacy.

"A committee created to look at a fundamental issue which will impact this country needs to be balanced and cannot be biased towards one position, particularly when there might be conflicts of interest,’’ they said.

They demanded that the Data Protection committee should come from a varied background and urged inclusion of eminent citizens who have been consistent in advocating for peoples’ rights. 

Stating that critical aspect of the data protection framework is to define a complementary relationship between the right to information and the right to privacy, they recommend the inclusion of representatives of the Right to Information movement in the Committee.

They also underlined that the idea of consent must be central to the proposed data protection framework, adding that consent must be understood in the context of the interconnectedness of data to many aspects of democratic principles and rights. 

"There can be no argument that data protection is not merely about the protection of data but really about the protection of people,’’ the letter said.

Given the current scenario where ‘data is the new oil’, any understanding of the impact of policy will necessitate the inclusion of civil society members who have been examining the impact of such initiatives on democratic rights, the eminent citizens said.

''This includes matters of privacy, surveillance, aggregation of data, the commercial collection of data and its use and, more broadly, data used to restrict constitutional and other rights,’’ they said.

The authors also urged Justice Shrikrishna to ensure high transparency in the working of the committee. They suggested that notes all meetings should be made available to citizens, and deliberations of members shared publicly.

They also demanded that draft of the recommendation be put up for public consultation for wider input. "We hope you would consider this letter as part of the pre-legislative process in the creation of a data protection framework,’’ they said.

The activists and intellectuals, who have written the letter under the newly launched 'Rethink Aadhaar' initiative, also sought a meeting with the committee to discuss these issues.
This letter follows a letter by former civil servants to Prime Minister Narendra Modi expressing critical concerns on Aadhaar.

UNI NAZ SNU 1652

Read more at http://www.uniindia.com/aadhaar-eminent-citizens-seek-transparency/india/news/1038696.html#rMb4Ih8y4L3xDLjl.99

Wednesday, October 18, 2017

12154 - Jharkhand girl starving to death shows ‘Aadhaar savings’ built on gross exclusions - Daily O



The poor and vulnerable are dismissed as ‘ghosts’ and ‘frauds’ while authentication errors lead to many going hungry.

 |  5-minute read |   16-10-2017

India has not only slipped three points on the global hunger index, falling behind North Korea and Iraq, it has also started witnessing children being starved to death because their ration cards were not “linked to Aadhaar”. A report by the portal Scroll.in claims that an 11-year-old girl in Jharkhand went without food and died eventually because her family didn’t have Aadhaar-linked ration cards and they were denied food items by the Aadhaar-driven PDS.

This, despite PM Modi and his retinue of ministers and supporters going on and on about “Beti Bachao, Beti Padhao”.

That this denying of food and ration because the cards weren’t connected to Aadhaar is a gross violation of the Right to Life, Food Security Act and Aadhaar’s own “voluntary” nature by law, and the Supreme Court guidelines on the PDS-UID link, goes without saying. However, what’s even more tragic is that this could be foreseen by civil rights activists and commentators, reporting on the “Aadhaar exclusions” months in advance.

Santoshi Kumari, the 11-year-old girl who died of starvation, had gone without food for nearly eight days when she succumbed to it. Her family’s ration card was cancelled because it wasn’t linked to their Aadhaar number, while mid-day meals at her school weren’t available because of Durga Puja holidays, says the report. As a result, Santoshi Kumari hadn’t had a morsel of food for over a week, even though her family was eligible to avail food rations as per the Food Security Act, but was denied rations for six months because their card wasn’t Aadhaar-linked.

As the Centre is hell bent in linking Aadhaar to almost every service, public and private, in India, the gross violations of fundamental rights, and the resultant exclusions have been documented meticulously. In states like Jharkhand and Rajasthan, the poor have been left out of the Aadhaar-driven PDS because of “authentication failures”. Civil rights activists Aruna Roy and Nikhil Dey have repeatedly drawn our attention to the hard facts on the ground – how the poor and the vulnerable are denied rations, work, services, skills training, even pregnancy care because they lack Aadhaar.

                      Photo: Press Trust of India

The policy framers riding Aadhaar mania treat the poor and marginalised as just 12-digit numbers of the UIDAI, and are least concerned when reports of unpardonable exclusions come forward. As the Jharkhand starvation death demonstrates, “deleting” those without Aadhaar from PDS lists is exactly how exclusions are presided over, with no concern towards the elderly, the infirm, those unwilling to get Aadhaar because of its several deficiencies. This, despite the individuals/families having ration cards/other identity proofs.

Welfare economist Jean Dreze has also been quoted in a number of reports on how “Point of sales” (PoS) machines installed at distribution outs are not able to authenticate the fingerprints of many, especially those daily wagers doing hard physical work and have calloused hands as a result. A large number of National Food Security Act (NFSA) beneficiaries are therefore left out of the welfare network, particularly in Jharkhand’s Ranchi district, because of Aadhaar. Dreze notes that the errors leading to exclusions occur at multiple points – the PoS machine, network connectivity, biometrics, remote servers, or mobile networks. 

Not just in states like Jharkhand, even in Delhi Aadhaar-based PDS has seen a rise in exclusions. Though the claims are often of cracking down hard on corruption as well as efficiency, the ground reality is one of huge disruptions in lives of poor and the vulnerable who are cut off mercilessly from availing the benefits they are legally entitled to.  

In fact, the government was criticised heavily when it decided to link essential welfare services/PDS/mid-day meals to Aadhaar, and letting children go hungry if they didn’t have UID. A DailyO columnist had written then: “In a country which has the highest number of malnourished children in the world, denying hungry kids the most important (and often the only) meal of the day because they do not have a particular identity card is not only shameful, it’s inhumane, and a recipe for humanitarian disaster.”
“Instead of prioritising children’s health, ensuring that they get nutrition benefits, improving the quality of the meals and implementing safeguards and rules for high quality food, the government is hell bent on taking away the meagre morsel that the children could get under the mid-day meal scheme as part of free schooling under Right to Education,” the article said.

                                 Photo: Reuters

The lack of empathy pointed out is at the heart of the Jharkhand starvation death of the 11-year-old Santoshi Kumari. However, those at the helm of Aadhaar, particularly Nandan Nilekani, have been boasting about “Aadhaar savings”, claiming about 9 billion US dollars have been “saved” because Aadhaar eliminated “frauds” and “ghosts” in the system.

In fact, a number of think-pieces and analytical reports have dissected the claims made by UIDAI, as well as the World Bank, which has been praising Aadhaar as an “efficient” welfare delivery programme, overlooking the gross negligence, the privacy breaches, the unpardonable exclusions as well as the Aadhaar frauds and commercial exploitation of Aadhaar-related data that have been amply reported by various media outlets.

Despite SC’s orders to the contrary, the Aadhaar juggernaut is on a rampage, trampling India’s poor, marginalised, elderly, the infirm and now the children. How will the UIDAI, which doesn’t even allow individuals and victims of Aadhaar to lodge complaints against it, or the government of Narendra Modi that’s imposing the Aadhaar condition on citizens’ right to life, liberty, food, education, privacy and other fundamental rights, defend itself against this unpardonable crime – starving a girl child to death?









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Friday, August 25, 2017

11860 - It is victory of a common citizen, says civil society on SC’s privacy ruling - Hindustan Times


They hailed the court order as “historic” and expect it to deliver a favourable verdict on the efficacy of the Aadhaar law, which a three-member bench will hear.
INDIA Updated: Aug 24, 2017 22:41 Ist

New Delhi, Hindustan Times

They argued that Aadhaar violated a person’s right to privacy guaranteed by Article 21 of the Constitution.(AFP file)

Activists fighting against the government collecting people’s biometric details for the 12-digit Aadhaar identification number on Thursday welcomed the Supreme Court judgment that called privacy a fundamental right.

Shanta Singh, Aruna Roy and Major General SG Vombatkere are among the four people on whose petitions the top court pronounced its privacy verdict. Retired Karnataka high court judge KS Puttaswamy was the fourth petitioner.

They argued that Aadhaar violated a person’s right to privacy guaranteed by Article 21 of the Constitution.

They hailed the court order as “historic” and expect it to deliver a favourable verdict on the efficacy of the Aadhaar law, which a three-member bench will hear.

Read more


Right to privacy not just for privileged few, it’s a part of what makes us human 




 
  • How SC's ruling on individual privacy could impact social media, moral policing 

  • “I hope that the order will free the poor and deprived from the clutches of Aadhaar and ensure that they get their entitlements under different government schemes,” Singh said, calling the judgment pro-poor.

    According to the activists, a large number of poor people in India were excluded from welfare schemes because of deficiencies in the Aadhaar law and cited specific instances in the top court.

    “We have many case studies in Rajasthan where the poor had been denied their monthly quota of ration as Aadhaar authentication failed … machines failed to read weak finger impressions,” said Roy, a Magsaysay awardee and former member of the National Advisory Council.

    “The government used Aadhaar to wrongly exclude many from the beneficiary list. And we have evidence for that.”

    Usha Ramanathan, an Aadhaar critic, was happy that the unique identification hearing was back on track and will conclude within the next few months.

    The court set up a three-member bench to validate the Aadhaar law. The first petition against Aadhaar was filed in 2012.

    Read more






      Chandrachud vs Chandrachud: SC judge who overruled father on right to privacy 








    •  
  • Govt welcomes right to privacy verdict, defends Aadhaar, no comments on Section 377 

  • Another anti-Aadhaar campaigner, Reetika Khera, said the order was a victory for an ordinary Indian who wants his or her rights to be protected from an intrusive government.
    “It is a historic and watershed moment in the fight for the deprived sections,” said the development economist at IIT, Delhi. And she added that the next fight is to ensure the court strikes down the Aadhaar law.

    The civil society members hailed the court’s views on gay rights and intrusion in the name of beef ban.