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 Bezwada Wilson. Show all posts
Showing posts with label Bezwada Wilson. Show all posts

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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Monday, August 28, 2017

11909 - Human beings are not numbers or data: Activist Bezwada Wilson - Economic Times


BY RAJIV SINGH, ET BUREAU | AUG 27, 2017, 12.01 AM IST

Post a Comment

Aadhaar violated fundamental rights to privacy and equality, said Bezwada Wilson. 

Bezwada Wilson, one of the petitioners who filed the PIL in 2012 challenging the Aadhaar scheme on the grounds that it violated fundamental rights to privacy and equality, is relaxed, less than 24 hours after the Supreme Court declared privacy a fundamental right. “I stand vindicated,” says the Magsaysay Award-winning activist and national convenor of the Safai Karamchari Andolan. The verdict, he says, will convey one message strongly: that human beings are not numbers or data. 

Whatever Bhim Rao Ambedkar established in the Constitution has been reinstated by this judgment, he says. Excerpts from an interview with Rajiv Singh: 

On what the verdict means to the people 
For long, people have patiently listened to whatever the state has told them, and followed obediently whatever the governments asked them to do. This landmark verdict unequivocally changes the paradigm. It tells people that whatever the state has been telling them to do for so long is not always correct. This verdict gives a ray of hope that from now onwards India will get to see more citizen centric policies. This verdict also makes it very clear that privacy is an integral part of liberty, which happens to be one of the foundations of the Constitution of India. The emphatic judgment also rekindles hope that the practice of logical and rational questioning, which has been fast disappearing from society, will get a new lease of life. 

On why Aadhaar loses its essence after this verdict 
Aadhaar violated fundamental rights to privacy and equality. Why should I have Aadhaar? Human beings are not mere numbers or data. This strong judgment by the nine-member bench will hopefully make the government learn some lessons. 
Though I can’t predict the future of Aadhaar, after this verdict it clearly loses its meaning. The government must drop this idea and shelve it. Government can’t go back to the court, arguing that it has spent loads of money on the project, and so it can’t shelve it. Who asked them, in the first place, to spend so much money on the project which never had constitutional validity? 

On the impact of the judgment on the manual scavenging community 
The manual scavenging community, like all citizens, has the fundamental right to privacy. Nobody should compel them to disclose their identity. It’s their right to stay private. If the government comes up with ‘reasonable restrictions’, citing that the fundamental right is not absolute, it will only expose its anti-people nature. I don’t think the government would try to do it, especially after this emphatic verdict. 

Read more at:

Sunday, August 27, 2017

11890 - An epic battle has been won in the fight for privacy in India, but the war isn’t over - Quartz

SUPREME CONTEST


Wait and watch. (EPA/Harish Tyagi)

WRITTEN BY
August 25, 2017 Quartz India

On Feb. 15, Mukesh Ambani sat on stage at a leadership summit in Mumbai and declared: “To my mind, data is the new natural resource.”
“Data in its raw form is useful, but for it to have real value, it has to be processed into intelligence,” added Ambani, chairman of Reliance Industries and India’s richest man. “And we are really at the beginning of that era where data is really the new oil.”

A few minutes on, the billionaire revealed that his new 4G mobile service, Reliance Jio, had acquired 100 million subscribers since its launch in September 2016. Such prolific growth had been supported, in part, by Jio’s use of online authentication based on Aadhaar, India’s 12-digit unique identification number. “Aadhaar enabled us to acquire a million customers a day,” Ambani said, “which is unheard of in the industry as a whole.”

Five months later, in July, the personal data of over 100 million Jio customers purportedly appeared on a website. The company steadfastly denied the veracity of the leaked data, though it eventually filed a police complaint alleging “unlawful access to its systems.”

For years, critics of Aadhaar had been warning of such a nightmare scenario. They had argued that the relentless expansion of the biometric-based ID platform, and its linking with other databases, could lead to damaging data breaches. Before the Jio episode, for instance, a stream of government websites had been leaking Aadhaar data.

But much before it had even got to this point, a retired judge of the Karnataka high court had challenged the Aadhaar project. In 2012, KS Puttaswamy, now a frail but sharp nonagenarian, petitioned the supreme court of India that Aadhaar violates an individual’s right to privacy. As concerns over the programme mounted, nearly two dozen other petitions, all countering Aadhaar on various grounds, became attached with Puttaswamy’s original challenge.

In its defence, the Narendra Modi government’s stand was simple: There is no fundamental right to privacy under the Indian constitution.

On Aug. 24, a nine-judge bench of the supreme court admonished that retort, unanimously asserting that privacy is, indeed, a fundamental right, protected as an intrinsic part of the right to life and personal liberty by the constitution. The ruling pulled the rug from under the feet of a government that was furiously expanding Aadhaar, and emboldened a motley group of campaigners fighting for a long time to put a leash on the biometric project.

“This is the second-most important ruling in Indian constitutional history after Kesavananda Bharati (vs. state of Kerala),” said supreme court senior advocate Sanjay Hegde, referring to the 1973 judgement on the power of parliament to amend the Indian constitution. “This (verdict) is far-reaching.”
However, the fate of Aadhaar itself is yet to be decided, by another bench, at another time.

“Look, this is a priority”
On the afternoon of April 28, Shyam Divan stood before two judges, seated in stately high-back, deep-red chairs, at courtroom number eight of India’s supreme court. Tall, with a crop of salt-and-pepper hair, the senior advocate cut an imposing figure, fervently arguing against the Modi government’s decision to make Aadhaar compulsory for filing tax returns. “…the individual decides about their data. Not the government and not the data banks,” Divan posited on behalf of the petitioners, retired Major General Sudhir Vombatkere and Dalit activist Bezwada Wilson. It was another masterful performance in what would become a string of spectacular appearances over the summer. But it didn’t always look like Divan was winning the battle. In this specific case, the court broadly upheld the government’s decision to make linking of the Permanent Account N umber (PAN) with Aadhaar mandatory.

There was, however, a larger cause for frustration. The supreme court wasn’t settling the matter of privacy as a fundamental right, which a five-judge bench of the court had deemed necessary to resolve way back in August 2015 (pdf), before looking at Aadhaar’s implementation. That was because the government had argued that two previous rulings of the supreme court—by eight- and six-judge benches, respectively—had rendered doubtful the existence of a fundamental right to privacy. So, a bench of more than eight judges was now required to rule on the matter.

The same August 2015 order (pdf) had also restrained the government from expanding Aadhaar beyond public distribution systems (PDS) for food grains and cooking fuel, aside from insisting that “the production of an Aadhaar card will not be condition for obtaining any benefits otherwise due to a citizen.”

Yet, the Modi government kept pushing Aadhaar into more and more schemes, including mid-day meals for school children. 

When cornered in court, its arguments were sometimes startling. In the Aadhaar-PAN case, for example, the then attorney general Mukul Rohatgi contended that citizens’ absolute right over their bodies was a false belief. “The concept of absolute right over one’s body was a myth and there were various laws which put restrictions on such a right,” the government’s most senior lawyer said.

In early May, at a public discussion on Aadhaar, Divan’s sense of disgruntlement was palpable:

So we had chief justice (HL) Dattu who passed an order in October of 2015 saying that this is a very high priority case. (He) didn’t assign it to an adequately strong bench for his term. 

Then, we had a year-long tenure of chief justice (TS) Thakur, he didn’t do it. And now, it’s not likely that chief justice (JS) Khehar, until August or September, when he retires, is likely to do it either.

So there’s really nothing we can do in terms of expediting it, except going up before the chief justice and requesting him that, “Look, this is a priority.”

Middle-class musings
Outside the courtroom, outrage was slowly building.
The initial trigger, according to Usha Ramanathan, an independent law researcher who has steadfastly opposed Aadhaar, was the government’s stance to deny privacy as a fundamental right in 2015. But it was a slew of subsequent measures, linking Aadhaar to a number of other government schemes, that really helped galvanise public opinion against it.

“In PDS, it’d been happening for the longest time. But when they put it into the mid-day meal scheme, and said that children won’t get food unless they are on the UID system, unless they’ve put in their number, and they have to authenticate themselves,” said Ramanathan. “That, I think, shook everyone because it’s like, who are you attacking and for what?”
“Around the same time, they also ended up saying, all manner of people—(the) disabled, people with tuberculosis, people who are being rescued from prostitution, people who are being rehabilitated after manual scavenging, people from Bhopal gas disaster,” could not access their benefits without Aadhaar, she added.

The opposition went up another notch after the government decided to make Aadhaar mandatory for filing income tax, exposing the taxpaying, well-heeled sections to the vagaries of the biometric platform. Suddenly, air-conditioned living rooms, hitherto oblivious to the debate raging around Aadhaar, were now at the heart of it.

“The reason why it has picked up so much is because under this government, in the past six-eight months, Aadhaar is coming and knocking at the doors of the urban middle-class and the upper middle-class. When these issues are at their doorstep, when their children are having to go and submit their biometrics, then they’re realising there is something very icky about it,” said , a development economist who has worked extensively on Aadhaar and its implementation challenges.

“So, what is happening is that the administrative problems that were thus far falling on the poor when they were trying to link their Aadhaar for pension or scholarships, those problems—seeding errors, fingerprint errors—all of those things are now happening with the Twitterati, as they say,” she added.

Meanwhile, the government and other prominent backers of Aadhaar mounted a public defence. Nandan Nilekani, the first chairman of the Unique Identification Authority of India (UIDAI), the agency that runs the Aadhaar platform, pushed back hard against the critics. “The point is that, whether we like it or not, we’re entering a world where there is going to be massive data generation due to a whole lot of technological advances,” Nilekani told Quartz in an interview in April. “But to say that because of Aadhaar privacy is gone, as if there’s nothing else happening on the planet, is, I think, a bit disingenuous.”

Ajay Bhushan Pandey, chief executive officer of the UIDAI, also insisted that Aadhaar was delivering the goods—even alluding to Reliance Jio’s success—while allaying privacy concerns. In an interview, preceded by a number of Aadhaar-linked data leaks from government websites, Bhushan promised that the UIDAI would take wrongdoers to task. “What we very objectively see is that if there is a violation of the Aadhaar Act, we have to take action and we file a complaint,” he told Quartz. “I am duty-bound under the Aadhaar Act to take appropriate action…and if we feel that prosecution will be a proportionate action, we’ll have to take the action.”

Inside the UIDAI headquarters, there was a quiet sense of confidence. Aadhaar was too big to fail.

Magic number nine
With the main privacy issue still hanging fire, Divan, along with the new attorney general KK Venugopal, made another plea to the supreme court to expedite the matter.

This time, it worked.
On July 12, chief justice Khehar announced that a five-judge bench would decide on the right to privacy eight days later. On July 18, however, the five-judge constitution bench referred the matter to a larger bench, comprising nine judges. After years of delay, the court suddenly seemed determined to settle the matter once and for all.
“If you’re asking me, did I expect the nine-judge thing? No, I did not,” said Ramanathan. “It just came literally… there were five judges, they started hearing the matter. And then they said we’re making it nine and it’s tomorrow. I don’t think anybody could’ve anticipated that.”

It’s not only the anti-Aadhaar lobby that may not have seen it coming. “The government lawyers did the standard government lawyer trick of trying to kick the can down the road, in the hope that it would be somebody else’s baby at some other point of time,” said Hegde, the supreme court senior advocate.

“Had the attorney general then not boldly asserted that there’s no right to privacy, the matter would not have gone to nine judges,” he added. “By pushing it to nine judges and thinking that nine judges would never be constituted…the government has probably overplayed its hand.”

In the final round, an eloquence of lawyers—including Soli Sorabjee, Gopal Subramaniam, Arvind Datar, Anand Grover, Meenakshi Arora, and Divan—fronted the campaign to rein in Aadhaar. They were backed by a team of more youthful colleagues, some of whom had been religiously live-tweeting hearings for months. This blow-by-blow account of the courtroom sparring provided a rare ringside view to an online public that was suddenly deeply interested in Aadhaar.

“I think all of them saw the seriousness of it,” said Ramanathan.  “They are seasoned lawyers, and they were unbelievably good. When people ask what about fees…forget about fees, they wouldn’t even mention a thing like that. They were spending copiously on it. When I say spent, I don’t just mean money. I mean the kind of effort, the kind of research, the kind of work they did…incredible.”

The legal heavy-lifting played its part in ensuring that the government’s case, basically built around denying the right to privacy, was dismissed by the nine-judge bench. In the aftermath of the ruling, however, there was some furious back-peddling. “The government was of the view that right to privacy should be a fundamental right,” law minister Ravi Shankar Prasad said on Twitter, emphasising, however, that the verdict mentioned that the right was subject to reasonable restrictions.
In fact, a government statement circulated later in the day reiterated the point on restrictions. “The judgement reads that personal liberty is not an absolute right but liable to the restrictions provided in the constitution which will be examined on a case-to-case basis,” it noted. “The government is of the clear opinion that its legislations are compliant with the tests laid down in the judgement.”

The validity of Aadhaar itself is likely to be heard by a three-judge bench of the supreme court, but this latest verdict will empower those already legally challenging the biometric platform. “I suspect that some of the petitioners will be asking for a stay order on the various ways in which…for instance, the SIM card, the bank account, and various things like that…where they (the government) are trying to compel it (Aadhaar) now,” said Ramanathan. “If you reduce the number of places where they can use it, then the government will be interested in having the case heard early.”

An epic battle has been won, but the war is far from over.


Saturday, August 26, 2017

11869 - Right to Privacy: ‘Verdict ensures everyone is born and dies with this right’ - Indian Express


"This historic, unanimous judgment was triggered by the preposterous claim by the government that the “right to privacy” was not a fundamental right."


Written by Seema Chishti | Updated: August 25, 2017 12:14 pm

Right to privacy: Six citizens whose petitions challenged Aadhaar

Kalyani Menon-Sen, Gurgaon
The Indian Express speaks to some of the citizens whose petitions challenging Aadhaar led to Supreme Court examining the right to privacy and ruling it is a fundamental one
Activist
Kalyani Menon-Sen


‘Because I don’t reveal, how can you deny me access to my own bank account?’

“For me it was a case of ensuring that nobody vulnerable, whether old, a child or disabled, is denied welfare benefits, because of a technology fetish and the state’s desire to intrude into my privacy. We cited lots of data to show where technology was not working, and large parts of the population were vulnerable to losing benefits. The arguments of government that coercing everyone to reveal date would “reduce leakages” and ensure “100% access” are both [expletive]. There is such a high failure rate on the ground. The government is an arm of the state, whose duty is to protect the Constitution and ensure this right. Because I don’t reveal everything, how can you deny me access to my own hard-earned money, my own bank account? So the recognition of the right to privacy as an intrinsic and inviolable right is brilliant. The government arguing that only the rich need the right to privacy and that it is a luxury is so wrong. This judgment now ensures that each citizen is born with this right, and it is there till his/her life ends.

Bezwada Wilson, Delhi
Magsaysay Award winner & head, Safai Karamchari Aandolan
Bezwada Wilson


‘To reveal identity or not to do so is my choice’
“For me, working with Safari Karamcharis, I know that we regard the right to privacy to reveal or not to reveal identity as central to who we are. It is my choice. The state cannot use this information in its hand and own it, using it when and how it wants to. No one can enter my privacy. On the one hand, you say end the caste system; on the other hand, you have devices saying ‘no privacy’ when you use identity information to brand and typecast me. I must have a choice not to reveal it. Humans are not toilets or a car, cannot be reduced to just one number. Humans are citizens and must enjoy full sovereignty. If citizens are not sovereign, how can the country be sovereign? “My deepest concern is this cleavage between citizen and the state, this split between the two. In a modern democracy, we must see ourselves as one. But now, the state is coercing — ‘have to’ do this or that. This worries me.”

Nikhil De, Rajasthan
Mazdoor Kisan Shakti Sangathan


Nikhil De

‘Govt wanted unbridled powers to collect, use data’
This historic, unanimous judgment was triggered by the preposterous claim by the government that the “right to privacy” was not a fundamental right. This claim was made and used because the government wanted to claim unbridled powers to collect and use data for its Aadhaar project. Our work with the poor has shown its mandatory use has led to massive exclusions of the poor and vulnerable. We hope this chapter of enormous distress, caused by coercive state requirements of authentication, will come to an end. There are far greater implications on the commercial and surveillance use to which data can be put. Many parts of this judgment will become part of interpretation in subsequent cases, but after this judgment establishing the fundamental right to privacy, the state cannot gather mass data and information through coercive means, or enable the use of citizens data for purposes of mass surveillance or commerce. Mandatory Aadhaar should come to an end.




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Suresh Vombatkere, Mysuru
Retired major general, Army

Sudhir Vombatkere

‘If they had their way, India would have turned into a surveillance state’
“For me, it is personal. The judgment affirms our Constitution and fundamental rights. I have had great respect for both as a child, and an intimate connection. My father, V G Row [vs State of Madras], won in 1952 when the Supreme Court affirmed the right to association and expression. My father was detained for his Society for People’s Education, a forum for educating people. The court upheld his right and reversed his incarceration. If he had been jailed — I was just 10-11 — my life would have been different. “The government made truly ludicrous arguments. The A-G said we don’t have rights to bodily privacy. If they had their way, India would have turned into a surveillance state. The court has unanimously upheld this right as fundamental. This is what B R Ambedkar meant when he said Indian citizens within We the People need dignity, freedom and liberty. This has now come into its own, finally. “This judgment has implications for India and the world. The Supreme Court has made international history.”
Shantha Sinha, Hyderabad
Former head, National Commission for Protection of Child Rights


Shantha Sinha

‘Safeguard against state invasion of self-hood’
“The right to privacy is of each Indian. The Supreme Court declaring this as a fundamental right, integral to life and liberty is historic. It provides safeguards against state invasion of self-hood and risks thereof. “It strengthens our democracy. It is not only of the rich but all citizens can claim this right and also to get entitlements.”

Dr Anupam Saraph, Pune
Rashtriya Chetna Manch


Anupam Saraph
‘It will help us be more respectful society’
“Respect for others is enshrined in a society that protects privacy as a fundamental right. Indians can be proud that this respect has been upheld by the highest court. I am sure this should help all of us with the cause to build a culture that will value dignity, liberty, justice and equality. It will help us be a society that is more humane and respectful.
“I became a petitioner as Aadhaar has removed identification and consent from business processes. It has removed liability and traceability of fraud from business processes. Aadhaar has removed identification and consent from business processes and replaced it with an outsourced process it calls authentication. It has outsourced authentication and replaced responsible parties with those without legal liability or responsibility. This not only results in legal and real confusion but enables crime and corruption. It destroys business processes, governance and national security.
“Aadhaar is a project that doesn’t understand governance or business processes. It is merely technology in search of applications and business. It neither adds any value nor serves any useful purpose to the user of a business processes. That is why it has had to be coercive and exclusionary.”
“Despite serious concerns and consistent opposition from RBI that Aadhaar serves no use for banking and in fact destroys banking, Aadhaar is being forced on all bank customers. Aadhaar-enabled payment systems are run by a non-government company and cause the money trail to be destroyed. Anyone who wants to protect the country and its people from all of this would challenge the use of Aadhaar. Anyone who believes in the promise of the Preamble would oppose Aadhaar. Anyone wishing to ensure that India is not digitally colonised by private interests driving Aadhaar would oppose it.

Monday, August 7, 2017

11728 - Caste and Aadhar: "How Will a Manual Scavenger Leave His Past Behind?" - The Citizen Bureau

THE CITIZEN BUREAU

Caste and Aadhar: "How Will a Manual Scavenger Leave His Past Behind?"

Saturday, August 05,2017


NEW DELHI: “How can we accept a system that does not allow us to shed that identity and move on? How can a number that links up databases be good for us,” is the pertinent question raised by Safai Karamchari Andolan leader, Bezwada Wilson who has been working tirelessly against manual scavenging for details. A question that the government of India has shied away from answering, even as it moves ruthlessly to implement the UID/Aadhar project despite the Supreme Court rulings, and the stiff opposition to this ‘invasion of privacy’ by large sections of the populace.

Wilson said, and has just been confirmed by the government that the UID number will haunt even the dead. And the information about the inividual will be held to that number. And as he pointed out, “changing an identity will become impossible. We are working for an eradication of the practice of manual scavening, for rehabilitation of those who have been engaged in this, and then leaving behind that tag of the manual scavenger. How can we accept a system that does not allow us to shed that identity and move on?” How indeed?

The UID Number will keep an Indian permanently enclosed in his/her caste identity, is a fear being voiced by many and as Wilson said make it impossible for the individual kept at the bottom rung of the ladder will find it even more difficult to transgress the ID trapped in his ‘number’.

A reputed anti-Aadhar activist and member of the Citizens Forum for Civil Liberties Dr Gopal Krishna has taken the issue to the President of India through a letter where he has reminded at some length of the dual position taken by BJP FInance Minister Arun Jaitley. As Leader of the Opposition in the Rajya Sabha not so long ago Jaitley wrote,, “Firstly, every citizen in India has a right to privacy. His right to pirivacy is an inherent aspect of his personal liberty. Interference in the right to privacy is an interference in his personal liberty by a process which is not fair, just or reasonable. A person’s Call Detail Records can throw up details of several transactions. In the case of an average citizen it can reflect on his relationships. In the case of a professional or a business person it can reflect on his financial transactions. In the case of a journalist it can reveal the identity of his sources. In the case of a politician it can reveal the identity of the person with whom he has regular access. Every person has ‘a right to be left alone’.”
Jaitley who has now ensured the passage of this controversial legislation as a Money Bill, trying to push past the petitions being heard in the Supreme Court had also said as Opposition leader, “We are now entering the era of the Adhaar number. The Government (Manmohan Singh) has recently made the existence of the Adhaar number as a condition precedent for undertaking several activities; from registering marriages to execution of property documents. Will those who encroach upon the affairs of others be able to get access to bank accounts and other important details by breaking into the system? If this ever becomes possible the consequences would be far messier.”
On 8th April, 2014, Prime Minister Narendra Modi had tweeted before the elections , "On Aadhaar, neither the Team that I met nor PM could answer my Qs (questions) on security threat it can pose. There is no vision, only political gimmick.”

Interestingly, as the letter to the President points out, even a colonial law Identification of Prisoners Act, 1920, ordered that measurements, finger impressions, footprints and photographs of persons convicted, or arrested should all be destroyed at the time of his/her acquittal. This was to ensure the acquitted prisoner a clean start in life, quite against the UID/Aadhar project that stores the biometric data forever. “This makes present and future citizens worse than prisoners” Dr Gopal Krishna contends in the letter to the President.

None of the issues being raised have been answered by the government that is far more aggressive in pushing the scheme forward, than the Congress government that had introduced the proposal as a key initiative.
  

Friday, June 9, 2017

11510 - Aadhaar linkage with PAN mandatory, rules Supreme Court - Live Mint

Last Modified: Fri, Jun 09 2017. 03 11 PM IST

Aadhaar linkage with PAN mandatory, rules Supreme Court

Supreme Court rules that it would be mandatory for all Aadhaar holders to link the unique identity number with the PAN for filing income tax returns


The Supreme Court rejected the petitioner’s arguments that the law is arbitrary and has been passed without legislative competence. Photo: Min

New Delhi: The Supreme Court on Friday ruled that it would be mandatory for all Aadhaar holders to link the unique identity number with the permanent account number (PAN) for filing income tax returns.
However, in a partial setback to the government, the court stayed retrospective invalidation of PAN for non-compliance. “PAN cannot be treated as invalid for the time being since the challenge to the Aadhaar Act is pending,” the court said.
The court also said that an assessee who does not possess Aadhaar will not face criminal consequences for not linking PAN with Aadhaar.

A bench comprising justices A.K. Sikri and Ashok Bhushan heard three petitions, filed by Binoy Vishwam, a senior Communist Party of India leader; Bezwada Wilson, a Dalit rights activist; and S.G. Vombatkere, a retired Army officer, against the decision.
The court rejected the petitioner’s arguments that the law is arbitrary and has been passed without legislative competence.

As per the Aadhaar (Targeted Delivery of Financial Subsidies, Benefits and Services) Act, 2016, the unique identity number is mandatory only to receive social welfare benefits. But according to the provisions of the Finance Act 2017, the Aadhaar number or Aadhaar enrolment number will be mandatory to file income tax returns and to apply for a new PAN. An existing PAN can be declared void if the taxpayer does not link it with Aadhaar by 31 July.
Senior advocates Arvind Datar and Shyam Divan had argued that the decision to link Aadhaar with PAN is legally unsustainable as the validity of Aadhaar is yet to be decided by the court.

In August 2015, a three-judge bench referred the issue of whether an Indian citizen enjoys the fundamental right to privacy to a larger constitution bench, which is yet to be constituted.

Wednesday, June 7, 2017

11506 - Who Is Opposing the Aadhaar Project? - The Wire



Proponents of Aadhaar have used several derogatory names for those raising questions about the project. But what motivated people to challenge the government’s plan in the first place?

The Aadhaar project has been criticised by many people for many reasons. Credit: Shome Basu

This is the fourth in a series of articles on the UID project that Usha Ramanathan will be writing for The Wire. Read the first part here, the second part here and the third part here.

The proponents of the unique identification (UID) project are angry and in a mood to attack detractors. Nandan Nilekani, the brains behind the project, has many names for them – all delivered pejoratively, of course: Khan Market liberals, JNU types, privacy-wallas who have colonised their minds with Western thought and Goebbelsian liars. He has been open about his contempt for everything happening in India: “In India, half are fake…fake…Fake is the operative word, right?” And, in another interview, “In India, you know, everything is a racket” and “every scheme is a scam” (as the interviewer, Vir Sanghvi, pertly observed, “except Aadhaar”). The last one was while talking about why children should have a UID number to get their mid-day meal in government schools.

Interestingly, all these adjectives are reserved for the hoi polloi. There isn’t a word that he breathes about the scams where the politically powerful and the corporate leadership have been caught with their hand – wrist and elbow – in the till. No Satyam, no 2G, no Commonwealth Games, no Bellary Brothers. No Vyapam, where witnesses are falling like ninepins, except they are falling dead.

ISPIRT, which presents itself as a software product industry roundtable, and of which Nilekani is the mentor, actually had a team that they named ‘Sudham’ allegedly meant to troll anti-UID critics. They had to shut it down after iSPIRT’s convener Sharad Sharma got caught operating Twitter handles using an alias to do some vicious trolling. In that time, they had moved from the relatively mildly contemptuous references about “Lutyens armchair folks (who) have never built anything in their lives” to “JNU-types” to more aggressive posturing and name calling such as “ISI stooge” and talking about the “drivel that comes from either an ignoramus or a malicious mind”.  (Sanjay Jain, who has since taken charge in iSPIRT, reportedly told Economic Times that Sudham was set up in late December 2016 to “dispel myths” about Aadhaar and India Stack.)

The most recent of this was when Ram Sewak Sharma, chief of the Telecom Regulatory Authority of India who was earlier the director general of the UIDAI, spoke to the Indian Express and accused those questioning the UID of launching “motivated campaigns”, apparently to serve the data collection interests of various multinational companies. The immediate provocation was the flooding of the internet with data from leaking departments and ministries, containing information including mobile phone numbers, bank details and UID numbers, to be seen or downloaded. In some, a slight adjustment in the URL was enough to make the database accessible. The problem for Ram Sewak was not the leak. It was the embarrassment that was caused by the leaks being exposed. So it was not those who were leaking the data that were hauled up, but the researchers who were threatened. That is how the provision in the Aadhaar Act 2016, which leaves it to the UIDAI to decide who to pursue and about whom to complain, is being used.

When Sharad was forced into contrition and he made a public apology (for allowing the trolling, but not owning up to the trolling he had done), Nilekani tweeted a “Bravo”. That is how this game is played, it seems. While those opposing the UID are subjected to thinly-veiled intimidation, the India Stack “volunteers” (a word that is going to need some serious interrogation) are hurrah-ed for apologising (when found out) for nasty trolling.

And what motivated them to challenge the project, in court and in other public spaces? There has been plenty of writing by Reetika Khera, Jean Dreze, Gopal Krishna, Praveen Dalal, Himanshu, Ramkumar, Kiran Jonnalagadda, Sunil Abraham, and there was recently Pratap Bhanu Mehta’s dramatic change of opinion.

Moneylife has hosted articles and talks, and Ram Krishnaswamy’s blog is a storehouse of what has been in the media since 2010.

But these are not the exception. There are many others. And here are some of them.”

Shantha Sinha set up the MV Foundation, which works for the eradication of child labour. She is a former chairperson of the National Commission for the Protection of the Rights of Children. According to her,
“The most effective way of tracking child labourers and out of school children is at the level of gram panchayats in rural areas and wards in urban areas where children are not statistics and numbers but real names and persons whose rights are to be protected and with involvement of community.  A UID… can at best give a number to the child but not help rescue the child or restore to her rights. Nor does it strengthen the capacities of public institutions to serve children. Further, it could also lead to stigmatising the child for good as an out-of-school child or child labourer. There can be no short cuts in the process of tracking children.
Deserving children have been denied admission into residential schools for want of Aadhaar. Among many others, there is the case of a tribal boy who fled from the Maoist area in Chattisgarh and joined school in Bhadrachalam in Telengana. He shifted from Hindi medium to Telugu medium, made it into the residential school after intense competition – and then was denied admission because he has no Aadhaar number! He lost one year, never procured an Aadhaar – how could he? He has no documents in Telengana. He then began to work as a construction labourer, and his fate is now sealed. While the Aadhaar card was said to be inclusive, in practice it has been exactly the opposite. It has deprived innumerable children of their legitimate access to their education. Exclusion is hitting the mid-day meal too!”

Bezwada Wilson has spent his adult life working for the eradication of the practice of manual scavenging. In 2010, Wilson was one of 17 concerned citizens, which included Justice V.R. Krishna Iyer, Romila Thapar and S.R. Sankaran among others, who issued a “statement of concern” about the project. He says,
“We want to bury this identity of having been manual scavengers. Coming out of untouchability is not easy. Oppressive identities are to be cast off, not documented and kept forever. What we need is a technology that will destroy this demeaning work and finish off this identity. Instead, what this is doing is branding us forever.
This project was never about plugging leakages in subsidies. Look where they have taken it. First, they said it was only for welfare and then they have kept on expanding it into all kinds of areas. All this time, the government has been waiving corporate loans worth Rs 1.14 lakh crore! How can you expect citizens to trust this? “This project is making nonsense out of choice, consent, even citizenship. It has to be understood that the people are not slaves.”

Colonel Mathew Thomas, who retired after serving ten years in the army and another ten years in defence research, says,
“Everyone has a motivation for what they do or say. In the 1970s, in the early years of computers I used them (computers) for the solution of scientific and business problems; specifically, Finite Element Analysis for structural problems on missile components and production planning and control systems for missile manufacture. The experience was invaluable. I learned the hard way what computers and IT could be used for and where these are useless. Most importantly, I understood two things: one, that physical ground reality must be organised to match proposed computer solutions before the solution yields results. And, two, misapplication of IT systems to problems where they cannot be used is dangerous as it fosters a false sense of resolving issues.
As soon as the project was announced in January 2009, my first thoughts were, ‘How in heaven’s name, are they going to do this?’ So, I wrote to the prime minister and Nandan Nilekani. I received no replies. As I continued to study, research and obtain information on the scheme, I found an organised pattern of untruth and obfuscation. The government then, and now, and those managing the project have been less than honest with us; some in government out of ignorance or misplaced faith, and some wilfully, for reasons that remain unknown. Why do you think the UK scrapped the National ID card and the US is yet to implement its Real ID Act after eleven years? Do you know that the UIDAI says, in its contracts with companies that are handling the data, “No assurance can be provided as to the accuracy of the demographic data in its database”? Do you understand what this means?”

Major General S.G. Vombatkere (retd) has an enduring respect for the liberties which the constitution recognises. His keenness to contest the unconstitutionality of the project derives from what he saw of the making of constitutional history.
“I remember my father and recall a personal debt to the constitution of India and the Supreme Court of India. To elaborate, my father, Vombatkere Gurunandan Row (better known as V.G. Row, barrister-at-law), was general secretary of a society named People’s Education Society and was publishing a newsletter from the society. People’s Education Society was declared as an unlawful association under extant criminal law by the Government of Madras [The State of Madras vs V.G.Row].
My father fought the charge in the courts of law up to the Supreme Court before a five-judge bench including the CJI, and on March 31, 1952, won his case on the basis of the freedom of expression and freedom of association, which the Constitution guarantees every citizen. Indeed years later, on 16 October 2008, Justice K.Kannan (Judge, Punjab & Haryana High Court) noted thus: “The triad of fundamental freedoms of expression, movement and association found the first affirmation in A.K.Gopalan and V.G.Row, the names that are etched into constitutional history via the Madras High Court”.
If my father had not fought and won his freedom on the basis of the constitution of India, he would have been imprisoned, changing everything in a big way for my mother, my brother and me way back in 1952, when I was still a child. That is the debt I and my family owe to the constitution of India, and to the Supreme Court of India which recognised and enforced its freedoms.
Long live the Republic of India, and may the values it enshrines always remain valid in Indian society!”

J.T. Dsouza is a biometrics expert who demonstrated in the Planning Commission how ridiculously simple it is to fake a fingerprint. That was on September 30, 2011, in the presence of representatives from the UIDAI and Natgrid.
“My objection is to the hegemony of the state, where the state treats its citizen as subjects to be subjugated. Identity projects, with control residing in a centrally controlled repository have been repeatedly misused in the past. Nazi Germany and Kosovo (with the ideas of ‘identity cleansing’ and ‘archival cleansing’) in more recent times are examples.
The intrusive bullying and abuse of power by the state that the project has already witnessed is testimony to the problems of the project.
My second objection about technology involves a whole panoply of reasons. One, the use of wholly untested theories as the foundation of the project. Two, intrinsic flaws of biometrics as an authentication factor. Three, vulnerabilities of centralised database to misuse, both official and inadvertent. Four, non-existent technical infrastructure in most of our country. No matter how secure you make the central core, the nature of such a system makes securing the periphery impossible. This project continues to gloss over all of this at our peril.”

Nagarjuna is a professor at the Gnowledge lab, Homi Bhabha Centre for Science Education, at the Tata Institute of Fundamental Research. He says,
“Centralisation of any resource will eventually go against the democratic ideals of distributed justice. Centralisation leads to single point of failure.
In a true democracy, we wish the state to be transparent to the people, and not vice versa. The very possibility of a certified unique identity will create multiple modes of criminal activities that never existed in the past. A certified unique identity will create more crime than reducing the crime.
The Aadhaar system is not built like self-reliant technology ventures like Atomic Energy or Space Research, but with commercial links with global security companies. This will make the entire country vulnerable. Considering that the Aadhaar is promoted by powerful agencies (both private and public), it shows that it serves their interests and it is not about recognising power in  the people.
Identity is not created by birth, real social identity is developed dynamically as we live. Freedom to build or change character without coercion to other lives must be respected at any cost.”

Anupam Saraph is an innovator and polymath, and has been an advisor to government on technology and on identity systems. He asks,
“What is the motivation of the child who sees the emperor’s new robes don’t exist? What will the child do if the emperor insists the robes exist?
Having experience in building identity solutions, and having developed logical frameworks for identity documents, it is plain that the UID is merely a number that is assigned to unverified and unaudited data submitted by private enrolees – 34,000 of who have been suspended by the UIDAI. This means that there can be millions of ghosts in the UIDAI database.
It is fairly obvious that any bank accounts opened solely on the basis of such a number can allow “ghosts” to create and operate “mule” accounts. Furthermore, even while the RBI’s own system of digital money transfers has been used by government for over a decade, the sudden unexplained switch to a non-government payment system based on Aadhaar that facilitates money laundering by destroying the money trail raises serious questions that need investigation.
The UID cannot serve as the basis for identification of any individual in an impartially arbitrable way. This means using it to build governance, national security, digital economy and anything at all is plainly absurd and, because it will destroy lives and the nation, inhuman. If I turn a blind eye to what is so obvious I would be no less guilty of the crimes than the perpetuators of the UID.
Should anyone who sees absurdities, illegalities, anti-national and criminal intent need any further motivation to expose it?”

Vickram Crishna is an engineer who, like most others featured here, has challenged the project in court.
“My problem with the technology is, in most instances, that commercial considerations trump the priority of meeting incredibly high standards, and this can be seen in the design choices at every stage. The manner of implementation of this system, however, is fully dependent upon a very high quality of seamless connectivity across the country, which in itself demands a very high level and availability of specialised labour, apart from electrical power and stability. We are some years away from approaching such a situation  and the present distribution of quality of service is heavily weighted in favour of major cities, and against rural areas in general.
It is attractive to initially bar all failures, and claim reduced expenditure as savings, and this is what is being observed now.
I have a problem with the understanding of ‘social contract’, as expressed in the implementation of the UID scheme. The constitution, as I read it, from its opening phrase of “We, the People…” was intended to lead to a state that is primarily citizen-facing. However, the justification for identity documents of one kind and another is invariably found to be the need to address failures in the state’s ability to identify citizens, and not any failures of the citizens themselves, as part of the social contract expressed as the constitution.”

Kalyani Menon-Sen is a feminist researcher of 25 years’ standing. She says,
“Many years of working with poor women has made me keenly aware of the many barriers they face in accessing their entitlements. Proving their identity is not the major barrier. The real corruption is in the system.This issue of systemic exclusions has been at the centre of my work. Over these last seven years, I have more and more first-hand evidence that UID has not improved service delivery, whether it’s rations or gas cylinders or pensions. Even more worrying is the fact that Aadhaar is actually creating more exclusion, again because of systemic failures – even people with valid UIDs are unable to claim benefits because “machine kharab hai (the machine isn’t working)” or fingerprints don’t match or because some new rule is unearthed that they are not aware of. I think what really brought home to me that the promoters of the scheme were losing their moorings was the announcement of the Aadhaar-midday meal linkage. We have the most horrendous rates of child malnutrition, children come to school starving and for many, the school meal is the only cooked food they get that day. This is a universal provision. What is the sense in making it Aadhaar dependent?
This is true for school admissions too – it is a universal right and making it Aadhaar dependent will only help schools to exclude children whom they don’t want to take – because they are poor, disabled, Muslims or Dalits. These are the exclusions that are happening and are being ignored.
I feel utterly frustrated that we invest so much attention on the GDP and completely ignore the GDI (gender development index) – shocking rates of anaemia, underage pregnancies, maternal deaths, malnutrition, violence, women’s employment. Do we really need to argue about methods of calculation when the naked truth is visible to the naked eye?
So I felt I had to take a stand and do something – I was very sure that if the facts about exclusion are put before the Supreme Court, they would at least stay these notifications while examining all the other constitutional issues.”

M.K. Pai is a software engineer and data scientist. He says,
“I fear that Aadhaar will destroy our delicate democracy by threatening exclusion. We can already see a future where dissenters will be silenced, their bank accounts and phones disabled, and unable to travel.
It is profoundly ugly for any government to require its citizens to get fingerprinted, no matter how noble the objectives. My fingerprints are my property and I should not be compelled to part with them unless I am a threat to society.
I am a software engineer and a data scientist. My work makes me very concerned about the future if we succumb today. Frankly, I do not trust any political party with such power.
Privacy is important and worth fighting for.”

The Meghalaya Peoples’ Committee on Aadhaar in a recent statement said,
“…it is noticed and have been informed regularly that subtle ways are being used to have people enrolled with aadhaar including school children under various guises, putting people in uncomfortable situations and that the statement made by the state government’s chief secretary on the matter (Shillong Times, 04/02/2017) confirms the fact. However, despite the fact that different departments and ministries of the Union government and state government, financial institutions have over and over again issued notifications, advertisements, including regular texting in mobiles, for necessity to enrol or register for aadhaar card, it is to be reiterated and reminded that enrolment for aadhaar is voluntary and so should not be coerced and intimidated by any establishment of government(s), institutions – medical, educational, financial, sports, etc. including corporate bodies.
…Yes,  having  Aadhaar  card  may be  one  of  the  requirements  but  it  is not  the  only  proof  of  one’s  identity  and  must  remain  optional  and  voluntary.”

Nachiket Udupa studied in IIT, has been part of campaigns on rural employment guarantee, food security and the right to information, and is currently involved in the marketing of sustainable foods. According to him,
“At an ideological level it makes profiling and tracking much, much easier than it should be. The path that they are heading down will lead to not just an Orwellian state (as in government doing complete surveillance of its citizens) but also Orwellian corporates (as in companies also knowing way more about their customers than they should). It is attacking privacy in the worst possible way.
At a practical level, because fingerprinting technology doesn’t work well enough, it is leading to large scale exclusions and hardships for many people, especially the poor. I am particularly bothered that this will lead to slow dismantling of the various hard-won rights of the poor, such the rights to food, work, education, etc.
It is compulsory, and with no opt-out feature.
I don’t like how the people behind Aadhaar think that they are holier than thou and seem to have a sense of entitlement and would like to be beyond any sort of accountability.”

Ankita Anand is an award-winning journalist, writer and co-founder of the street theatre group Aatish based in Delhi, and this is how she says it:
U,IDidn’t
I waited for the day someone would ask me my number
Until the state did, and I smirked,
“I know you’ve used that line on a billion others.”
At that it should have left,
But it persisted,
Insisted it would give me one,
If I did not have one of my own.
It wouldn’t take no for an answer,
And now I have fingerprints instead of handholding,
Iris scans, while I wait to be seen,
At least I would be safe, I tried to tell myself,
Until yesterday, when I found myself exposed,
Every single digit of me, up for sale as data porn.
(Anand and Udupa had to battle the system before they could register their marriage without a UID.)

Nikhil Dey, Shankar Singh, Vineet Bhambhu , Nikhil Shenoy, Aruna Roy and others work with the Mazdoor Kisan Shakti Sanghatan, and this is what they say:
“We are activists who live amongst people in rural India and also travel to many places across the country to work with campaigns and movements to improve delivery of programmes meant for poor and marginalised communities and individuals. We believe that well designed people centric social sector programs can make a big difference in people’s lives. We have also spent many years looking at policy and its impact on implementation.
The UID is  currently one of the biggest policy initiatives where proponents of UID claim better delivery by a) ending corruption b) much greater efficiency and most importantly c) of comprehensive inclusion.
We are motivated by the suffering, frustration and pain we are witness to and therefore make strong comments on the UID – initially through apprehension, and, now, through experience and example.
It has, in fact, miserably failed on all three claims. In some ways it has made things worse. Exclusion due to the mandatory use of UID has been so high, that it should cause a comprehensive rethink for the delivery of welfare benefits. Food security rations are supposed to be delivered to 1 crore households in the state of Rajasthan. But figures have shown that at least 25-30% of these households are not able to draw their rations despite being enrolled under UID. This has meant exclusion of some of the most vulnerable people for whom the food security act was designed. In some ways, this is criminal negligence and exclusion, and this has been happening over a period of the nine months since September 2016, when the options started being shut off. We have documented very serious life threatening cases of exclusion and put them up as videos on the net. (We hope these policy makers will see the videos and answer each one of the questions of the poor about who will be held accountable for the failure to enable them to access their entitlements.) Corruption has not reduced – it has only changed its stripes, and inefficiency and delay are now caused by man and machine.
Our own motivation is to use evidence to convince policy makers to change their policy, or to convince those whose minds are still open to refuse to allow mandatory imposition of something that has clearly failed to deliver what it promised to. It has made things worse. Whether or not anyone bothers to listen, we are motivated by the pain and frustration we witness – to keep presenting the facts.
The poor are speaking; only those who need to listen are not even there. In the language of the day, they are ‘presenceless’.”
These are a section of the people who have been challenging the project, in court and outside it. There are many more – and they are from all parts of the country. Such as professor K. Saradamoni from Thiruvananthapuram, a very senior women’s rights activist, who wrote in saying, “Please think of something to stop this.” Or  a retired law professor from a law research institute who wrote to say, “It is only last year that the bank asked for fingerprints verification. Earlier, just physical presence and some ID proof used to be enough. In my case, even when the requirement was not there and despite my giving life certificate (which the bank says they duly forwarded to the EPFO) my pension, so called, was stopped after December 2015. The bank did send them reminders but no result. Then came the requirement of biometrics. My fingerprints did not match but the bank was very cooperative and sent a few letters, as they say, supporting my claim. It has been quite long but no response again from the EPFO. Now the bank has given me a form, certifying my identity, and asked me to go there personally. What disturbs me is why should I be made to run around without any fault? The bank is certifying my case, I have all other documents to prove my identity, why then this stupid requirement of matching of fingerprints?  The entire credibility of fingerprints to establish identity of criminals in criminology and forensic sciences has gone for a toss. It is time things and theories and fundamentals change.”

Usha Ramanathan is a legal researcher.