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 Kamayani Bali Mahabal. Show all posts
Showing posts with label Kamayani Bali Mahabal. Show all posts

Sunday, January 14, 2018

12735 - ‘Aadhaar unconstitutional, flawed by design’ - The Hindu


MUMBAI, JANUARY 13, 2018 00:40 IST


A visually impaired man narrates the ordeal he had to undergo while trying to obtain an Aadhaar card.  

Activists to launch national campaign to ensure Aadhaar is not made mandatory

Independent activists came together under the banner of Rethink Aadhaar on Friday demanding that Aadhaar not be made mandatory for the entitlement of any service.
The activists, who met at the Mumbai Press Club, also claimed that enrolment and production of a unique number must be made strictly voluntary.

Raghu Godavarthi, one of the conveners of the meeting, said the event was part of a national programme and similar groups were being formed in Delhi and Bangalore. Mr. Godavarthi said, “Our goal is to expose the flaws in the Aadhaar project in the lead up to the Supreme Court hearing scheduled for January 17.”
The speakers included the first petitioners in the case: Vickram Crishna, Dr. G. Nagarjuna and Kamayani Bali Mahabal. They highlighted issues such as the denial of basic entitlements and services, coercive tactics to ensure enrolment, technological issues with the project. The project has been riddled with problems in fingerprint and retinal scans, security of data, potential for surveillance and the lack of transparency and grievance redress system.

“Aadhaar is entering its ninth year and yet it is being called a project that is in its infancy,” said Mr. Godavarthi. He added that media and citizens have not been very successful in tracking Aadhaar’s failure. “We feel that Aadhaar in its current form is unconstitutional and flawed by design. The problems linked to the programme have expanded with its expansion.”

Activist Dr. Nagarjuna said the core issue is the centralisation of power, which goes against the idea of democracy. He said, “It is very important to fight together against this crime that is being committed under the name of social justice. It is all a lie. There is potential for a leakage in information every time we link it some agency.”

Ms. Kamayani Mahabal, who filed a petition in the Supreme Court, said, “The gender biases within the system came out only after I filed the petition. There have been several instances where women have been denied family planning options, as they did not posses an Aadhaar card. Linking of services to the project has been criticised by all.”

Welfare researcher Sakina Dhorajiwala narrated three cases from Jharkhand where people had starved to death as they were denied rations because their Aadhaar card was not linked to the Public Distribution System.

Krishnakant Mane, who is visually impaired, said, “My impairment is due to a faulty retina and hence I have been denied an Aadhaar card.” He said people with disabilities faced difficulties in obtaining an Aadhaar card.

Mr. Mane said, “I have seen cases where people who have been affected by leprosy have been denied a card as their fingerprints could not be read. Are they not eligible for such public services?”

Tuesday, September 8, 2015

8663 - MFI plans for Aadhaar as primary identity may face legal hurdles - Live Mint

Sun, Sep 06 2015. 11 54 PM IST


Aadhaar will make known exact indebtedness level of individual, says industry even as SC asks govt not to share data with any authority


Even though MFIs may be able to secure borrowers’ Aadhaar numbers as planned, their ability to verify data with UIDAI will, however, depend on the outcome of litigation in the Supreme Court. Photo: Priyanka Parashar

Microfinanciers’ plans to check Aadhaar numbers to ensure potential borrowers aren’t already loaded with loans may come undone after a recent interim ruling by the Supreme Court restricted the use of Aadhaar data to ration shops and cooking gas.

While referring a bunch of petitions on the validity of Aadhaar to a five-judge Constitution bench on 11 August, the apex court asked the government not to share Aadhaar data with any authority.

However, the industry’s two self-regulatory organizations—Microfinance Institutions Network (MFIN) and Sa-Dhan—believe Aadhaar should be the primary identity for borrowers.

“We have met with microfinance institutions (MFIs) and asked them to create a separate field to feed in Aadhaar number for all borrowers,” said Ratna Viswanathan, chief executive officer, MFIN. Starting October, MFIN plans to have every borrower’s Aadhaar captured in the system by April 2016.

“We had a meeting with UIDAI (Unique Identification Authority of India) and we are also asking MFIs to encourage people who do not have Aadhaar to enrol,” said Viswanathan, adding that no one, however, will be denied a loan if they do not have the number.

Sa-Dhan is working with MFIs and UIDAI to organize camps to enrol borrowers for Aadhar, executive director P. Satish said.

Even though MFIs may be able to secure borrowers’ Aadhaar numbers as planned, their ability to verify data with UIDAI will, however, depend on the outcome of the litigation.

Some of the petitions in the Supreme Court relate to Aadhaar numbers being made mandatory to avail of government benefits and services. Others deal with the number itself being a violation of an individual’s privacy, and some deal with the possible misuse of the information.

According to MFI rules, a person can take a maximum of two MFI loans at a time and the aggregate should not exceed Rs.1 lakh. Reported cases of individuals using different identities to take out multiple loans have prompted the industry to make Aadhaar the primary identity for borrowers. According to Viswanathan, using Aadhaar will ensure that the exact debt level of an individual is gauged.

“If Aadhaar is entered into the system, tracking all loans that a person has availed of will become easier,” said Kalpana Pandey, chief executive and managing director, CRIF High Mark Credit Information Services Pvt. Ltd, a credit reporting bureau, which provides credit reports of microfinance borrowers.

Equifax Credit Information Services Pvt. Ltd is another agency which compiles such reports. Experian Credit Information Co. of India Pvt. Ltd and Credit Information Bureau (India) Ltd also plan to launch credit reports suitable for MFIs.

Viswanathan said MFIs deal with a very vulnerable low-income group, and the move will be in their favour as it will prevent over-indebtedness.

However, Kamayani Bali Mahabal, a Mumbai-based lawyer, human rights activist and a petitioner in the UIDAI case in the Supreme Court, said the apex court has effectively, though temporarily, put an end to this harassment, ruling that Aadhaar cannot be made mandatory till the larger constitutional bench decides on the matter.

The MFI industry believes that using Aadhaar will not go against the Supreme Court order as the court is looking at the issue from the angle of government benefit transfers; but from a lending perspective, it is a business decision.

Moreover, it will not be using biometric or personal details, but will simply tag the Aadhaar number with borrowers in the credit report.