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 Kalyani Menon Sen. Show all posts
Showing posts with label Kalyani Menon Sen. Show all posts

Tuesday, April 17, 2018

13298 - Aadhaar Hearings: SC Now Refers To Cambridge Analytica Fiasco On Aadhaar Leakage - Newburgh Gazette


Dwayne Harmon
14 April 2018, 04:20 

 The constitution bench is hearing a batch of petitions by former Karnataka High Court Judge K.S. Puttuswamy, Magsaysay awardee Shanta Sinha, feminist researcher Kalyani Sen Menon, social activist 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. 

Rakesh Dwivedi, counsel for the Unique Identification Authority of India (UIDAI), which administers Aadhaar, dismissed such fears, saying the authority doesn't have the tools or the algorithms used by Facebook and Google. UIDAI counsel has however denied any such possibility on grounds that they neither have tools nor power to do such level of data analysis. The counsel referred to the Aadhaar law and said the UIDAI had no power to analyse data at all and "I challenge the other side to show us the provision to that effect and if that power is there, then please strike that down". The Act precludes us from getting any. The court said, "When we mean surveillance it is not real or physical surveillance but commercial surveillance". 

First Concern: What is the goal of storing metadata? The bench gave the example that even judges in an African country can get the access to his or her chamber by using his finger prints, which are used only for the goal of the entry and the problem was that such data was being stored at a central repository. Technology is a great enabler to surveillance. "If the government wishes to surveil, it will do so without Aadhaar", he said. UIDAI: "We can not even tamper with the servers". 

The bench also referred to the testimony of Facebook CEO Mark Zuckerberg before the US Congress and said "you open the newspapers every day and see reports of how elections in even some of the most powerful nations were influenced". "The 1.2 Bn Indians may be poor, but their data is a goldmine of commercially sensitive information." Mr. Mehta responded that the court was right in thinking why the government should "intrude into the privacy of the entire population merely to weed out a few crores. but when tax evasions amount to Rs. 33,000 crore, it is a serious problem which Aadhaar linkage may curb". To enable and boost offline Aadhaar verification process, the UIDAI has replaced the existing QR code on eAadhaar having resident's demographic details now with a secured digitally-signed QR Code which contains demographics along with the photograph of the Aadhaar holder. Regarding use of stored metadata by UIDAI, Dwivedi said that the metadata was of authentication records and did not reveal anything about individuals. Also, IDAI (Unique Identification Authority of India) has introduced the beta version of the VID (virtual ID) feature. Generate your VID from Resident.uidai.gov.in/web/resident/vidgeneration. Not only financial services, even telecom companies have asked to link mobile with the Aadhaar number. "If the government wants to do, it will do without Aadhaar", he said. While it seems that the court is not convinced with the facts and measures brought on stage by the Aadhaar team, UIDAI does not seem to take a step back here. Take the instance of Cambridge Analytica. 

Newburgh Gazette http://newburghgazette.com/2018/04/14/aadhaar-hearings-sc-now-refers-to-cambridge-analytica/

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

Friday, March 2, 2018

12915 - Case schedule clouds Aadhaar link deadline, petitioners to seek extension in SC - Hindustan Times



The Supreme Court is expected to resume hearing the case on March 6. In December, it extended the last date for completion of the process to link Aadhaar with services to March 31.
INDIA Updated: Feb 28, 2018 09:48 Ist

Ashok Bagriya 
Hindustan Times, New Delhi

Petitioners opposed to the mandatory linking of Aadhaar with bank accounts, phone numbers and other services will seek an extension of the deadline for such linkage, their lawyers said on Tuesday, citing the low probability of the case being concluded in the Supreme Court by March 31, the current deadline for such linking.

The Supreme Court is expected to resume hearing the case on March 6. In December, it extended the last date for completion of the process to link Aadhaar with services to March 31. However, going by where the case stands, it is unlikely to be concluded by March-end, the petitioners contend. A delay also seems certain because the same five-judge bench hearing the Aadhaar case has been asked to hear the land acquisition case on priority.

The land acquisition case has occupied centre stage in the Supreme Court with one three-judge bench taking issue last week with the 8 February judgement of another three-judge bench that, in effect, overturns the judgement of yet another three-judge bench dating back to 2014.

“We will be renewing the request for extension of the March 31 deadline as it is becoming apparent that the hearing cannot be concluded and the judgment delivered before March-end,” said senior advocate Sanjay Hedge, who appears for petitioner John Abraham, a student denied admission to a Mumbai college for lack of Aadhaar.

Read more
  • EPFO launches facility to link Aadhaar with PF account via UMANG app 
  • KYC for mobile wallets: RBI says no extension beyond Feb 28

  • People familiar with the matter in UIDAI concur with the assessment that the judgment is unlikely to be delivered by March 31, and said that an extension is “likely”. One official said that it was for the court to decide on the deadline, and that the authority would comply with an extension, if needed.

    Ajay Bhushan Pandey, chief executive officer of the UIDAI, said it would be inappropriate for him to speak on the issue. “Since the matter is sub judice in the Supreme Court, let’s wait for the court’s verdict,” he said.

    So far, only senior advocates Shyam Divan and Kapil Sibal appearing for the petitioners have finished their arguments. Senior advocate Gopal Subramanium, who appears for one of the petitioners, is currently midway through his arguments. Six more lawyers, Arvind Datar, KTS Tulsi, Anand Grover, KV Viswanathan, Minakshi Arora and Sanjay Hegde , are to follow.

    After that, it will be the turn of the government , led by attorney general KK Venugopal, to defend Aadhaar. Thereafter, UIDAI and the Gujarat and Maharashtra governments will make separate arguments on the matter.

    One of the main arguments of the petitioners challenging the validity of Aadhaar is that it violates privacy rights. The government has argued that Aaadhar is necessary to plug leakages in its subsidy programmes and prevent corruption.
    “Yes, we will be pressing for the extension of the March 31 deadline for linking Aadhaar to various services as the hearing cannot be completed by March-end,” said advocate Vipin Nair, who appears for petitioner Dr Kalyani Menon Sen.

    “The land acquisition case, to be heard by the same bench , will come up first, further lowering the chance of a judgment in the latter by the end of next month,” Nair added.

    According to the list of business released by the Supreme Court registry, the land acquisition case, to be heard by the same five-judge bench hearing the Aadhaar case, will be taken up first.

    Senior advocate Jaideep Gupta, who is not appearing in the Aadhaar case, said a verdict was not likely by March 31 even if the court passed interim orders on the issue and resumed the Aadhar hearing at the earliest. “The court is giving full latitude to counsels to argue the way they want. At the rate which the case is progressing, it very unlikely that the hearing will end by March end. It will take much longer.”

    Thursday, February 8, 2018

    12890 - Vulnerability of personal data for Aadhaar violation of rights, Supreme Court told

    IANS|
    Updated: Feb 07, 2018, 06.58 PM IST

    NEW DELHI: The Supreme Court on Wednesday was told that vulnerability of citizens' demographic and biometric data collected under Aadhaar to leaks is itself the violation of their right to privacy. 

    "Vulnerability (of personal data collected under Aadhaar to leaks) is violation of rights," senior counsel Kapil Sibal told the five judge constitution bench headed by Chief Justice Dipak Misra. 

    Appearing for West Bengal government, Sibal said that the functioning of the digital world was vulnerable to the sabotage and pointed out no other country in the world has such a centralised demographic and biometric data of its citizens. 

    Telling the court that there was "no system of the world that can't be hacked", he said if one goes to railway booking counter and feeds Aadhaar number, then it would reveal all journeys they had undertaken by trains in the past. 

    Pointing out that same was the case with air journeys, Sibal asked: "Why should the state know where I am going and what I am doing?" 

    At this, Justice A.K. Sikri recounted how he once took his wife for a Chinese dinner and asked for a rice dish they had eaten during their last visit five months back but whose name they were not able to recollect. After a short while, the waiter returned with the print-out of their five month old bill.

    Justice D.Y. Chandrachud described the entire episode as "scary". 

    A statute, Sibal said, has to be "consistent with the provisions of the constitution" and citing Section 57 of the Aadhaar Act, 2016 asserted that the provision, it was a person's choice to produce Aadhaar number to establish their identity. 

    When Justice Ashok Bhushan said that under the said provision, Aadhaar can be used to establish the identity of the persons under other statutes, Sibal said that any interpretation other than that it was voluntary to use Aadhaar for establishing one's identity would be "horrendous". 

    As Justice Bhushan asked: "What is wrong with one nation, one identity? We are all Indians", Sibal said: "Yes we are all Indians. Passionately Indian. But we are more than our Aadhaars." 

    Further dwelling on his arguments, Sibal said, "Digital world knows more about you, than you know about yourself." 

    He told the court that there is an app called "moodpanda which rates and tracks your mood"and in a lighter vein told the bench "We would love to use it to see Your Lordships' mood in the Aadhaar case." 

    "Unlike smart cards which require several pieces of sophisticated equipment such as a card skimmer and card printer in addition to sophisticated software and advanced technical knowledge, most biometric readers in India today can be defeated by a child with no technical knowledge using Fevicol and wax," he claimed. 

    Besides West Bengal government, the former Karnataka High Court judge K.S. Puttuswamy, Magsaysay awardee Shanta Sinha, feminist researcher Kalyani Sen Menon and others have assailed the constitutional validity of Aadhaar Act on the touchstone of the fundamental right to privacy. 

    Hearing will continue on Thursday. 

    Read more at:


    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, January 9, 2018

    12652 - Aadhaar based on flawed technology, prone to data breach, SC told - The Tribune

    Posted at: Jan 7, 2018, 7:36 PM; last updated: Jan 7, 2018, 7:36 PM (IST)

    5-judge Constitution Bench to begin hearing of petitions against Aadhaar on Jan 17

    Satya Prakash

    Tribune News Service
    New Delhi, January 7
    Amid rising concerns over violation of right to privacy due to Aadhaar, a petitioner against the 12-digit unique biometric identification number has told the Supreme Court that it is based on a flawed technology, making it prone to data breach.



    “Reports by privacy and security researchers indicate that such breaches have already affected 135 million Indians. These data breaches are in flagrant violation of Section 29 of the Aadhaar Act read with Regulations 6 and 7 of the Aadhaar (Sharing of Information) Regulations, 2016," writer-activist Kalyani Shankar Menon said in her rejoinder affidavit. 

    Filed ahead of the January 17 Constitution Bench hearing of petitions challenging the validity of the Aadhaar Act, the affidavit cited research done by various experts and RTI replies to suggest that the scheme was flawed.

    “It is submitted that Aadhaar is an insecure, unreliable, unnecessary and inappropriate technology project which is being foisted with coercion on the most vulnerable section of Indians and is threatening their constitutional and legal rights and entitlements every day," the affidavit read.

    Menon submitted that it gave rise to "surveillance, breach of privacy and identify theft of individuals" in violation of their right to equality, right to freedom and right to privacy.

    The Supreme Court had on December 15 extended the deadline for linking of Aadhaar for all services and schemes, including mobile phone numbers, to March 31 next year.

    A five-judge Constitution Bench headed by Chief Justice of India Dipak Misra had said the deadline for Aadhaar-linking of mobile phone numbers stood extended from February 6, 2018 to March 31, 2018.

    The order extending the deadline for linking of Aadhaar shall also be applicable to all state governments, besides the Central government and its departments, the top court had said.

    While choosing not to stay the government's orders and notifications on Aadhaar, it had fixed January 17 for final Constitution Bench hearing to decide the petitions challenging the validity of Aadhaar Act and related notifications.

    The December interim order had come on pleas for stay on various notifications issued by the government making Aadhaar-linking mandatory with 139 various services and schemes.

    Monday, January 8, 2018

    12642 - Affidavit against ‘unreliable’ Aadhaar filed in SC - Hindustan Times

    Affidavit against ‘unreliable’ Aadhaar filed in SC

    The affidavit asserts Aadhaar gives rise to surveillance, breach of privacy, identity theft of individuals and is a violation of citizens’ rights.

    INDIA Updated: Jan 06, 2018 22:08 Ist

    HT Correspondent 
    Hindustan Times, New Delhi

    The Supreme Court begins final hearing in the Aadhaar case on January 17.(HT File Photo)

    Almost ten days before a 5 constitution judge bench of the Supreme Court of India begins final hearing in the Aadhaar case, an affidavit has been filed in the top court assailing the government’s 12 digit biometric identification project.

    The affidavit filed by writer Kalyani Shankar Menon, one of the petitioners in the case, relies on affidavits of experts in the field of food security, data protection and RTI replies to make out a case that Aadhar is based on flawed technology and is leading to enormous data breaches.

    The affidavit asserts that ‘Aadhaar is an insecure, unreliable, unnecessary and inappropriate technology project which is being foisted with coercion on the most vulnerable section of Indians and is threatening their constitutional and legal rights and entitlements every day. It gives rise to surveillance, breach of privacy and identity theft of individuals and is in violation of their rights under Articles 14, 19 and 21 of the Constitution of India.’

    Attacking government contention that Aadhaar will go a long way in prevention duplication of PAN cards, the affidavit states that the problem of PAN duplication has been overstated. There are only 10.52 lakh duplicate PANs among PANs given out to nearly 29 crore individuals. This works out to less than 0.4% and the necessity of putting the entire population of the country through the process of Aadhaar, even as there are other mechanisms which are already underway for detecting duplicate PANs

    Affidavit also alleges that the government insistence of ‘seeding’ or practice of incorporating the Aadhaar number into several databases furthers the risk of identity theft.

    The affidavit also highlights the failure of Aadhaar related biometric authentications because electricity or internet related failures or because machines are unable to read / scan biometrics correctly. “As per the Economic Survey 2016-17, these authentication failures are as high as 49% in some states,” the affidavit says.

    “Reports by privacy and security researchers indicate that such breaches have already affected 135 million Indians, the affidavit claims.



    Sunday, November 5, 2017

    12247 - Petition says linking Aadhaar with bank accounts violates right to privacy - Biometric Updates



    October 24, 2017 - 

    A new petition has been filed against Aadhaar in India’s Supreme Court, challenging Reserve Bank of India’s (RBI) decision to link the 12-digit biometric identity number to bank accounts on grounds that it violates the right to privacy, according to a report by Inc42.

    The petition, filed by Kalyani Menon Sen, comes a day after RBI announced that linking of bank accounts with Aadhaar is now mandatory under the provisions of the Prevention of Money Laundering Act.

    “The government has issued a gazette notification GSR 538(E) dated 1 June 2017 regarding Prevention of Money Laundering (Maintenance of Records) Second Amendment Rules (PMLA), 2017, inter alia, making furnishing of Aadhaar (for those individuals who are eligible to be enrolled for Aadhaar) and permanent number (PAN) mandatory for opening a bank account,” the central bank said.

    In addition to opposing the RBI order, the petition also challenged the department of telecommunication’s decision in March to make it mandatory for citizens to link their mobile phones with Aadhaar.

    Sen said that both decisions violated an individual’s right to privacy and should therefore be considered unconstitutional.
    “A citizen’s right to privacy is a fundamental right that is constitutionally protected,” Sen wrote in her petition. “The right to privacy in the context of these two circulars (linking Aadhaar with bank accounts and mobile phones) has violated a citizen’s complete right over ownership and control of his core biometric information to the exclusion of all others, including the State.”
    Sen’s petition is one of a handful of pending pleas challenging Aadhaar on the grounds of violation of privacy.

    In August, a nine-member bench of the country’s top court unanimously ruled that Right to Privacy is a fundamental right.
    Following this judgment, a five-judge bench of the Supreme Court will now assess the validity of Aadhaar from the perspective of privacy as a Fundamental Right.

    “Present and potential bank account holders who do not wish to part with their biometric information are, therefore, treated on a par with alleged offenders under PMLA,” the petition said. “Building a database dependent on Aadhaar and information linked there constitutes an unreasonable risk for financial autonomy and privacy of account holders, banks and financial sovereignty of the nation.”

    The petition also opposes the government’s decision to link Aadhaar to various social welfare programs as this could prevent many recipients from receiving benefits due to faulty data.

    Kalyani said that the Aadhaar Act, 2016 had explicitly limited the mandatory requirement of Aadhaar to cases where individuals receive a subsidy, benefit or service from the Consolidated Fund of India.

    She said that “services which are provided by public and private sector banks and operating of bank accounts do not fall under any subsidy, benefit or service”. Therefore, this directly challenged the basis of RBI’s order to link bank accounts with Aadhaar.

    The petition also said the move violates “the citizen’s right to self-determination with respect to core biometric information without fear of penal consequences, which extends even after a person has (voluntarily or otherwise) parted with his or her core biometric information”.

    The petition will likely to be heard next week by the Supreme Court.

    Friday, November 3, 2017

    12230 - Aadhaar row: SC to check if provisions in Act violated right to privacy or not

    DECCAN CHRONICLE. | J VENKATESAN
    Published
    Oct 22, 2017, 2:56 am IST

    The court will examine whether the provisions in the Aadhaar Act and the circulars issued violated the right to privacy or not.

    New Delhi: The Supreme Court will take up for hearing next week, a fresh PIL challenging the circulars making mandatory the linking of Aadhaar card with telecom service providers, bank accounts and for availing several other services.

    The petitioner Dr Kalyani Menon, social activist in her writ petition filed through counsel Vipin Nair said the present PIL is being filed to raise issues which endanger fundamental rights of citizens, protected under Articles 14, 19 and 21 of the Constitution.

    The cases relating to Aadhaar card are to be heard by a three-judge Bench following the ruling given by a nine-judge Bench holding that ‘right to privacy’ is a fundamental right. 
    The court will examine whether the provisions in the Aadhaar Act and the circulars issued violated the right to privacy or not.  
    The writ petition challenges Rule 2(b) of the Prevention of Money-laundering (Maintenance of Records) Second Amendment Rules, 2017, by which submission of an Aadhaar number has been made mandatory for individual clients, companies, partnership firms and trusts for: opening of bank accounts; maintaining existing bank accounts; making any financial transactions of and above `50,000; and crediting foreign remittance into ‘small accounts’.   

    Existing bank account holders have been directed to furnish Aadhaar numbers before December 21, 2017. Non-compliance with the Impugned Provision will render the concerned bank accounts in-operational indefinitely, subject to submission of the Aadhaar number and the PAN.

    12228 - New petition in SC challenges RBI order for linking Aadhaar with bank a/c - TNN


    Dhananjay Mahapatra | TNN | Updated: Oct 22, 2017, 19:32 IST


    HIGHLIGHTS
    • The new petition by Kalyani Menon Sen also challenged the validity of the March 23 circular issued by telecom department making it mandatory to link mobile phones with Aadhaar.
    • Kalyani Menon said both decisions violated an individual’s right to privacy and, hence, are unconstitutional.
    NEW DELHI: Posing a fresh challenge to Aadhaar, a writ in the Supreme Court has questioned the constitutional validity of the Reserve Bank of India's decision+ to make its linkage with bank accounts mandatory, adding strength to pending pleas challenging the unique identification on the grounds of violation of privacy. 

    The writ comes a day after RBI stated that linking of bank accounts with Aadhaar has been made mandatory under the provisions of the Prevention of Money Laundering Act. 


    "The government has issued a gazette notification GSR 538(E) dated 1 June 2017 regarding Prevention of Money Laundering (Maintenance of Records) Second Amendment Rules, 2017, inter alia, making furnishing of Aadhaar (for those individuals who are eligible to be enrolled for Aadhaar) and permanent number (PAN) mandatory for opening a bank account," the central bank said. 

    The new petition by Kalyani Menon Sen, who describes herself as a feminist scholar and activist working for 25 years on issues relating to women's rights, also challenged the validity of the March 23 circular issued by the department of telecommunication making it mandatory for citizens to link their mobile phones with Aadhaar+ . She said both decisions violated an individual's right to privacy and, hence, are unconstitutional. 

    A nine-judge Constitution bench of the SC had in August ruled unanimously+ that the "right to privacy is an integral part of right to life and personal liberty guaranteed in Article 21 of the Constitution". The question whether right to privacy is a fundamental right and if it can be invoked to challenge Aadhaar was decided by the nine-judge bench, which left the adjudication of the validity of Aadhaar to a five-judge bench. 

    Sen's petition, filed through advocate Vipin Nair, said the government's decision to link Aadhaar with bank accounts by amending rules under PMLA violate the solemn promise given by the authorities that parting of biometrics by individuals was on a voluntary basis. 

    By making it mandatory through PMLA rules, the government was coercing those who have not given their biometrics to part with it by providing for stringent punishment. "Present and potential bank account holders who do not wish to part with their biometric information are, therefore, treated on a par with alleged offenders under PMLA," she said. 

    She said the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 had expressly limited the purposes for which Aadhaar number was required to be quoted. It was to be mentioned while receiving a subsidy, benefit or service which was given from the money drawn from the Consolidated Fund of India. "Services which are provided by public and private sector banks and operating of bank accounts do not fall under any subsidy, benefit or service," she added.

    Terming the mandatory linkage of bank accounts with Aadhaar as an arbitrary amendment to the KYC requirement, the petitioner said, "Building a database dependent on Aadhaar and information linked there constitutes an unreasonable risk for financial autonomy and privacy of account holders, banks and financial sovereignty of the nation." 

    The petitioner said: "A citizen's right to privacy is a fundamental right that is constitutionally protected. The right to privacy in the context of these two circulars (linking Aadhaar with bank accounts and mobile phones) has violated a citizen's complete right over ownership and control of his core biometric information to the exclusion of all others, including the State."

    It also violates "the citizen's right to self-determination with respect to core biometric information without fear of penal consequences, which extends even after a person has (voluntarily or otherwise) parted with his or her core biometric information". The petition is likely to be heard next week by the Supreme Court.

    12220 - New petition in apex court challenges linking Aadhaar with bank account and phones - TNN



    Laxmi Prasanna | TNN | Oct 19, 2017, 20:13 IST

    THIRUVANANTHAPURAM: A new writ petition has been filed in the Supreme Court challenging the linking of Aadhaar with one's bank account to mobile phones. The writ filed on behalf of noted gender activist and writer Dr. Kalyani Menon Sen is expected to be heard after Diwali holidays. This is the recent writ after a spate of petitions led by retired Justice K. S. Puttaswamy.

    "The current writ petition numbered as WP [C] No. 1002/2017 is filed in public interest under Article 32 of the Indian Constitution to raise issues which endanger Fundamental Rights of Indian citizens, protected under Articles 14, 19 and 21 of the Constitution. It is filed on behalf of Dr Kalyani Menon Sen and is likely to be heard by the Supreme Court after Diwali holidays," Senior counsel Vipin Nair told TOI . This petition challenges Rule 2(b) of the Prevention of Money-laundering (Maintenance of Records) Second Amendment Rules, 2017 (Impugned provision), which seeks to amend Rule 9 of the Prevention of Money-laundering (Maintenance of Records) Rules, 2005, issued under the Prevention of Money-laundering (PMLA) Act 2005, he said.

    By virtue of this Impugned Provision, submission of Aadhaar Number has been made mandatory for individual clients, companies, partnership firms and trusts for opening bank accounts, maintaining existing bank accounts, making any financial transactions of and above Rs. 50,000; and crediting foreign remittance into 'small accounts'. Existing bank account holders have been directed to furnish Aadhaar numbers before Dec 31 this year. Non-compliance with this provision will render the concerned bank accounts in-operational indefinitely, subject to submission of the Aadhaar Number and Permanent Account Number (PAN), he said.

    The petition further seeks to challenge the Circular issued on March 23 this year by the Telecommunication department wherein it has been made mandatory for all mobile phone holders to link their mobile phone numbers with Aadhaar.

    This petition appeals to the court to issue an appropriate order to declare that the impugned circular issued on March 23 this year is null and void and totally unconstitutional as it violates the fundamental rights of the Indian constitution. It also seeks the court to issue an order declaring that based on such a provision, the mobile phones of subscribers will not be made in-operational and future applicants will not be forced to submit their Aadhar numbers. It also pleads before the court to seek clarification from such companies or respondents who enforce such rules even when the program under Aadhaar Act is entirely voluntary. It also seek to issue an order to ensure that biometric, fingerprints and iris scans are the personal property of the citizens and not that of the state or some company infringing the privacy of the individual. 

    12212 - SC to hear pleas against linking Aadhaar with mobile number, bank account: All you need to know - Hindustan Times


    Aadhaar has been facing a slew of legal challenges on the grounds that it breaches privacy. In August, the Supreme Court made privacy a fundamental right.

    INDIA Updated: Oct 17, 2017 18:30 Ist


    Hindustan Times, New Delhi

    With telecom companies and banks hounding users to link their Aadhaar number with mobile numbers and accounts a petition was filed in the Supreme Court last week challenging the government’s move.

    The plea filed by feminist researcher and activist Kalyani Menon says the provision — issued by the department of telecommunication in a March 2017 circular — on bank accounts and mobile phones create an “impermissible artificial distinction” between those who have parted with their private, biometric information and those who have not. 

    Aadhaar has been facing a slew of legal challenges on the grounds that it breaches privacy, leaving officials to wonder if the government can still push ahead with its use in a wide range of services. These concerns have heightened since the Supreme Court’s privacy judgement on August 24.

    What does this mean for you?
    Come November, the apex court will hear 25 petitions related to Aadhaar, including those for scrapping the Aadhaar Act, stopping biometric profiling and seeding bank and mobile databases with the 12-digit unique identity number.
    The Supreme Court’s verdict will decide whether or not you need to mandatorily link your bank accounts and mobile number with Aadhaar.

    When do you need to link your Aadhaar with your bank account and mobile number?
    The deadline has been set for December 31, 2017. But before that the Supreme Court hearings will decide the future of linking Aadhaar with services such as banking and telephony.

    Where Aadhaar is mandatory: 
    It is not only bank accounts and mobile numbers, Aadhaar is also a must for Public Provident Fund, the National Savings Certificates and the Kisan Vikas Patra. There are more than 135 welfare schemes where Aadhaar seeding is mandatory.

    Below are a few examples:
     — NREGA;
     — PDS;
     — RTE/Sarva Shiksha Abhiyan;
     — Support to Training and Employment Programme (STEP) Scheme for women;
     — Ujjwala Scheme the free cooking gas (LPG) to poor women;
     —  Women victims of unfortunate circumstances who are in need of institutional support for rehabilitation so that they could lead their life with dignity and the Scheme is a Sub-Scheme of Centrally Sponsored Umbrella Scheme called “Protection and Empowerment of Women”;
     —  Aakshar Bharat;
     — Support to NGOs/Institutions/SRCs for Adult Education and Skill Development;
     — Community health workers, Accredited Social Health Activists (ASHA)  — a critical link between the community and the public health system;
     — Central Sector Scholarship Schemes for education of students with disabilities;
     — Skill Training of Persons with Disabilities under the Central Sector Scheme for Implementation of Persons with Disability Act, 1995;
     — Scheme of Assistance to Disabled Persons for Purchase and, or, Fitting of Aids and Appliances, assistive devices are given to Divyangjan with an aim to improve their independent functioning and to limit the extent of disability and occurrence of secondary disability;
     — National Career services, registering at unemployment exchange etc.

    12211 - SC scan on Aadhaar for phone, banks - Telegraph India


    Our Legal Correspondent

    New Delhi: The Supreme Court is likely to take up next week a PIL challenging the Centre's decision to make Aadhaar cards mandatory for mobile phone connections and bank accounts. 

    Kalyani Menon Sen, an author who has filed the plea through advocate Vipin Nair, has contended that making Aadhaar mandatory for the two services is unconstitutional as a nine-judge constitution bench ruled in August this year that the right to privacy is a fundamental right.

    The petition challenges an amendment made in June this year to rules under the Prevention of Money Laundering Act, 2005, making submission of Aadhaar numbers mandatory for "individual clients, companies, partnership firms and trusts" for a variety of purposes.

    These include opening and maintaining bank accounts, making any financial transactions of and above Rs 50,000 and crediting foreign remittance into "small accounts". Non-compliance will render the bank accounts inoperational till the Aadhaar number is submitted.

    The petition has also challenged a circular issued in March this year by the department of telecommunications making it mandatory for all mobile phone subscribers to link their numbers with Aadhaar.

    According to Sen, the petitioner, the two changes violate provisions of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016.

    "The impugned provision and circular is in conflict with the provisions of the act... Section 7 of the act limits the purposes for which authentication through the Aadhaar number is to be used to receipt of a subsidy, benefit or service, where the expenditure is incurred from, or the receipt is a part of, the Consolidated Fund of India," the PIL says.

    "Services provided by public and private banks in operating bank accounts do not fall under any 'subsidy, benefit or service,' vide definitions laid down under the Aadhaar Act. Further, unlike Section 7, the impugned provision makes it mandatory for everyone to procure an Aadhaar number for opening and maintaining bank accounts," the petition adds.

    According to the petitioner, the "wholesale collection of biometric data, including fingerprints, for Aadhaar and storing them in a central depository per se puts the State in an extremely dominant position in relation to the individual citizen".

    "Biometric data belongs to the concerned individual and the State cannot collect or retain it to be used against the individual or to his or her prejudice in future. Further, the State cannot put itself in a position where it can track an individual and engage in surveillance," the petition says.

    Thursday, November 2, 2017

    12202 - Supreme Court to hear plea against linking Aadhaar to bank accounts, phones - The Hindu


    NEW DELHI:, OCTOBER 15, 2017 15:13 IST


    Move violates fundamental right, equates citizens with money launderers, the petition states.

    The Supreme Court will hear a petition challenging the government move to link bank accounts and mobile phones with Aadhaar numbers, saying it violates the fundamental right to privacy and equates citizens, including the elderly, women and students, with money launderers.

    The petition filed by activist Dr. Kalyani Menon Sen has challenged Rule 2(b) of the Prevention of Money-laundering (Maintenance of Records) Second Amendment Rules, 2017 for mandatory submission of Aadhaar number for individual clients, companies, partnership firms and trusts for opening of bank accounts, maintaining existing bank accounts, making financial transactions of and above ₹50,000 and crediting foreign remittance into ‘small accounts’. Existing bank account holders have been directed to furnish Aadhaar numbers by December 31, 2017.

    Non-compliance would render the bank accounts concerned “in-operational indefinitely” subject to submission of the Aadhaar Number and the Permanent Account Number (PAN).
    “Non-compliance incurs the same liability as Section 5 of the Prevention of Money Laundering Act (for involvement in money laundering), that is rendering the concerned bank account in-operational. Present and potential bank account holders, who do not wish to part with their biometric information, are therefore treated on par with alleged offenders under the Prevention of Money Laundering Act (PMLA),” Ms. Menon, represented by advocate Vipin Nair, submitted.

    ALSO READ

    The petition challenges the Department of Telecom on March 23, 2017 making it mandatory for all mobile phone holders to link their mobile phone numbers with Aadhaar.

    The petition said the provision regarding bank accounts and mobile phones both separately create an “impermissible artificial distinction” between those who have parted with their private, biometric information and those who have not. They both compel the latter category of the population to part with their biometrics for opening and maintaining bank accounts or for a mobile phone connection.

    The mobile phone circular is violative of Article 300A of the Constitution which protects a person’s right to not be deprived of property. “A bank account and mobile phone connection is the personal property of an individual,” Mr. Nair represented in court.

    Besides, both the provision and the circular are violative of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 (hereinafter, “Aadhaar Act”) which limits the purpose of the Aadhaar number to receipt of a public subsidy, benefit or a service, the petition said.
    ALSO READ


    The Aadhaar number may even compromise the efficacy of the KYC procedures and the customer database. Compelling citizens to part with their biometric details compromises India’s international law obligations. It goes against the very concept of the expression ‘limited government’, which means the State cannot act against the spirit and the assurance of the Constitution.

    “There are numerous, less invasive and less disruptive methods of verifying the identity of account holders,” the petition submitted.

    Monday, August 28, 2017

    11899 - Aadhaar used to snoop on you, abolish it, says activist - TNN


    TNN | Aug 26, 2017, 07:15 IST

    GURUGRAM: Kalyani Menon-Sen — one of the activists whose petitions challenging Aadhaar led to the Supreme Court examining the right to privacy and ruling that it is a fundamental right — said she had joined "Say No To Aadhaar" campaign in 2010, realising that "it's a surveillance mechanism packaged as a welfare measure". 

    Menon, a Gurgaon-based activist, joined Magsaysay awardee Dr Shantha Sinha to file a writ petition in the apex court earlier this year, challenging the mandatory linking of social welfare benefits with Aadhaar. She contends that the Centre's move is a violation of constitutional rights. Hers was one of the petitions on the basis of which a nine-judge bench examined the right to privacy and ruled it is a fundamental right assured under Article 21 of the Constitution. 

    Menon wholeheartedly welcomes the ruling. "It was an excellent decision taken by the nine judges," she said. Explaining what had prompted her to join the 'Say no to Aadhaar' campaign, Menon said, "We launched it because we were concerned that Aadhaar is a surveillance mechanism packaged as a welfare measure. The government's claim was that Aadhaar was launched to control corruption, and ensure that the real beneficiaries get their dues. I have been working with several communities. I know the barriers that the poor faces. Proving their identity has never been the real battle for the poor. The real problem is corruption in the system," she said. 

    The SC verdict affirming the right to privacy as a fundamental right marks a new beginning in the country, Menon said. "Privacy has become a fundamental right guaranteed by the constitution. The judgment states that this is an intrinsic right that is an essential component of the right to life. This means that it cannot be tampered with even by Parliament," she said.

    With the right to privacy now firmly in place, Menon said, the Aadhaar case would be heard in light of this verdict. 

    "International law and India's domestic law have set clear standards to protect an individual's privacy from unlawful invasion. What many people don't know is that the government was trying to use the personal and household data collected through the Census 2010 and link it to a separate database, the National Population Register. It is proposed to make this information available to Unique Identification Authority of India. This is in contravention of Section 15 of the Census Act, which categorically states that information given is neither open to inspection nor admissible in evidence," she said.

    All Aadhaar cases, according to Menon, will now be heard by three-judge bench when the court resumes next week. "The court should end the Aadhaar project. As an immediate measure, it should be delinked from all welfare schemes," she added.

    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.

    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.