In their letter this week, the academics and activists criticised the Union government's imposition on the states.
Why this Blog ? News articles in the Wide World of Web, quite often disappear with time, when they are relocated as archives with a different url. Archives in this blog serve as a library for those who are interested in doing Research on Aadhaar Related Topics. Articles are published with details of original publication date and the url.
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
Tuesday, September 20, 2016
10453 - Delivering ration: 'When Aadhar-based system doesn't work, stick to existing, well-tested reforms' - Scroll.In
In their letter this week, the academics and activists criticised the Union government's imposition on the states.
Tuesday, April 2, 2013
3191 - Aadhaar cases pending in courts
Interestingly, a PIL was filed in the Bombay HC last week questioning the lack of safeguards in the Aadhaar cards. The court directed the UIDAI and the Centre to decide the matter within three months.
The PIL by Vickram Krishna, Kamayani Bali Mahabal, Yogesh Pawar, Dr Nagarjuna G and Prof R Ramkumar said such mandatory, non-voluntary and coercive enrolment for Aadhaar cards was against one’s personal integrity and right to make decisions for themselves. It also violated the Right to Life under Article 21 of the Constitution, they added.
The Karnataka HC issued notices to the UIDAI and the Centre on a petition challenging the order of a City Civil and Sessions Court that refused to entertain an appeal to declare ‘Aadhaar scheme illegal’.
Speaking to Express, the petitioner, V K Somashekhar, said, “The government cannot enforce something on every citizen. The UIDAI cannot waste thousands of crores of public money in building a system without any legal sanction. We certainly will fight to make every responsible person accountable and recover the money wasted.”
“Moreover, the Parliamentary Standing Committee has found the project full of uncertainty in technology as the complex scheme is built upon untested, unreliable technology and on assumptions,” Somashekhar added.
This apart, the Andhra Pradesh HC has issued notices to the Union Petroleum Secretary, oil marketing companies and State Civil Supplies Department directing them to place information on the rationale for linking Aadhaar cards to LPG supply to domestic consumers.
In another case, the Punjab and Haryana HC has issued notices to the Centre and the Union Territory Administration where the UID card was made mandatory for registration of vehicle and getting driving licence. However, this stands cancelled now.
In all of these cases, the government is yet come out with proper answers to the petitioners’ queries.
Thursday, March 22, 2012
2474 - “Say no to UID campaign” gathers 3.57 crore signatures - Money Life
Two days before the Union Budget, 2012-13, a truckload of signatures arrived in New Delhi. Collected by the Socialist Unity Centre of India (SUCI), these 3.57 crore signatures were in support of a campaign named “Say no to UID”. Yet, what can possibly be the biggest signature campaign largely went unreported.
On 14th March, a rally led by SUCI met prime minister Manmohan Singh. The truckload of signatures for the petition demanding the scrapping of UID and some other biometric data-collection schemes have been pictured. A delegation, headed by SUCI member Tarun Mandal, also met the prime minister to discuss their demands. Mr Mandal could not be contacted, as he is abroad. Though the SUCI rally was covered by some newspapers, they appeared oblivious to the presence of the truck that carried the 3.57 crore signatures.
The “Say no to UID” campaign is being supported by various civil society organisations and citizens groups. Gopal Krishna, spokesperson of Citizens Forum for Civil Liberties (CFCL), New Delhi says, “The petition was submitted to the PM on 14th March. Independent organisations across India are supporting the move. We want the government to scrap the UID Aadhaar scheme immediately.”
A press release dated 16th March, sent out by the consortium of the civil society groups, cites the report on The National Identification Authority of India (NIDAI) Bill, 2010, by the Parliamentary Standing Committee (PSC) on Finance, 2011-12. The PSC report, dated December 2011, had damned the UID scheme, and came down heavily on the Executive for infringing on legislative powers. The press release says, “The Union Budget allocation of Rs14,232 crore for Aadhar-UID demonstrates a contempt of Parliament as it seems to ignore the recommendations of the report of PSC on Finance on the NIDAI Bill, 2010.” The groups have also criticised the National Population Register (NPR), another project that requires biometric enrolments of all citizens.
The PSC report had stated, “Considering the contradictions and ambiguities within the government on its implementation as well as implications, the committee categorically convey their unacceptability of the National Identification Authority of India Bill, 2010, in its present form. The committee would, thus, urge the government to reconsider and review the UID scheme as also the proposals contained in the Bill in all its ramifications and bring forth a fresh legislation before Parliament.”
The PSC had said, “The collection of biometric information and its linkage with personal information without amendment to the Citizenship Act, 1955, as well as the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, appears to be beyond the scope of subordinate legislation, which needs to be examined in detail by Parliament.”
Kamayani Bali Mahabal, eminent social activist and human rights lawyer, said that the increased allocation for UID amounts to a contempt of the Parliament. Col Mathew Thomas, a former defence services officer and missile scientist turned civic activist and Somasekhar VK, founder patron of Coordinated Action of Consumer & Voluntary Organizations of Karnataka have challenged the UID Aadhaar scheme in a representative suit in a civil court in Bangalore. Mr
Thursday, September 1, 2011
1567 - India: Activists slam Kerala state govt over online tracking of students - Asian Correspondent
According to the circular, details of as many as 6 million students spanning over 15,000 schools in the state would be captured in this scheme. All schoolchildren will soon have unique identification numbers (UID), which will help in tracking their movements in educational institutions and academic records. The circular says, “The headmasters of the schools should ensure that all students have filled in the forms before 31/08/2011, ordered by class and division. The education officers are directed to monitor these explicitly.”
In a complaint filed with the National Commission for Protection of Child Rights, civil society activists Kamayani Bali Mahabal , Anivar Aravind and Usha Ramanathan drew attention to the fact that a law to govern the UID project is yet to be passed by Parliament. The National Identification Authority of India Bill 2010 was introduced in Parliament on December 3, 2010, and sent to the Standing Committee of Finance on 20th December 2010. The committee has reportedly expressed serious reservations about the project. The project is, in other words, currently operating outside the protection of law.
“It has been acknowledged that there are abiding concerns about privacy that the project has to address before it can be allowed to proceed. There is a draft Privacy Bill that has not yet been introduced in Parliament. There are no protections that the law provides. There are no protocols about who can access the information, how the UID number may be used, what will happen if there is identity theft and identity loss. There are no protections against tracking and profiling. The collection of biometrics increases the concern,” they said.
“There is no means of controlling the recording and retrieval of data about children, and that is especially serious since our jurisprudence clearly states that the records relating to children except public exam marks should not be carried into adulthood. This is especially important where the child has had a difficult growing up and may have encountered problems of being a ‘neglected child’ or a ‘child in conflict with the law’. These are specifically proscribed from being carried into adulthood, with good reason. The UID, with its ability to link up data bases poses a threat to this important area of personal safety and protection of the child.”
The question of informed consent is an important element in public policy; kindly consider what the choicelessness imposed on parents as also the children means in the enforcing of public policy, they contended.
The complaint also said, “As parents, we make decisions for our children on a daily basis. Some will affect their lives for the next few minutes; others will potentially affect the rest of their lives. When replacing any existing system, it is often easier to see how a new system fixes the shortcomings in the existing system, but often it is the case that any new system also comes with its own set of weaknesses some of which were not immediately evident.”





