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 Pakistan. Show all posts
Showing posts with label Pakistan. Show all posts

Wednesday, December 7, 2016

10560 - Pak mission staffer forged Aadhaar card: Highlights of Espionage case - Business Standard


A Pakistani embassy official was questioned and two Indian nationals were arrested on alleged espionage charges and working for the ISI
BS Web Team  |  New Delhi 
October 27, 2016 Last Updated at 12:41 IST


India on Thursday declared a Pakistan High Commission staffer as persona non-grata for espionage activities after he was caught red handed by Delhi Police with documents relating to defence deployment.This was conveyed by Foreign Secretary S Jaishankar who summoned Pakistan envoy Abdul Basit to his office following brief detention of the staffer who was later released.

Here are the latest developments:

1. Delhi Police crime branch took the Pak High Commission staffer identified as Mehmood Akhtar in custody after he was found in possession of certain defence documents. Akhtar was released after questioning as he enjoys diplomatic immunity.

2.The crime branch has also arrested two persons, residents of Rajasthan, for allegedly passing on sensitive information to Akhtar. "The alleged spies are residents of Rajasthan working for Pakistan's ISI. They were in touch with the staff at Pakistan High Commission and were providing sensitive information, said cops.

3.Pakistan High Commissioner Abdul Basit was summoned after Delhi Police said they detained the embassy official, Mehmood Akhtar, for questioning after he was found working for the Inter-Services Intelligence (ISI) and obtaining secret Indian defense related information for Pakistan's spy agency.

4.The arrests were made late Wednesday night by the interstate cell Crime Branch of Delhi Police following a tip from the Intelligence Bureau.

5.The Pakistani staffer had documents relating to deployment of BSF and defence deployment maps. He had also forged an Aadhaar card, according to the police.

6. Another Jodhpur-based person identified as Shoaib will be arrested soon for his involvement in espionage ring

7. All 3 were involved in espionage for over one-and-half years and shared information with Pak intelligence agencies

 This is not the first time that employees of the Pakistan High Commission have come under the radar over alleged espionage in India.Last year, police claimed to have busted an ISI spy ring in the high commission and five persons were arrested.

Wednesday, April 6, 2016

9752 - Pakistan Becomes an Exemplar for India to Make Mobile SIM Cards Aadhaar Based - Phone World

By Aisha Gul - Apr 5, 2016


One of the most effective way to keep the record of the increasing population is to keep their record them by using the advance technology. Pakistan government has recently adopted the biometric system for SIM verification. As it is know that PTA along with the NADRA introduced the biometric verification system. With this upgrading, India has also tried to catch up with this system.

Pakistan Becomes an Exemplar for India to Make Mobile SIM Cards Aadhaar Based




The Government of India also aims to start a Digital India project which will be linked to give mobile SIM cards with the unique identity number (UID) or Aadhaar. To establish the system Gopal Krishna from the well-known advocacy group, Citizens Forum for Civil Liberties (CFCL), said;
“Following the footprints of Pakistan, Government of India set up Unique Identification Authority (UIDAI) of India in January 2009 for biometric identification of Indian residents.”
He further added;
 With this new system in place, every mobile phone SIM card will be associated with its user’s identity as it appears in the national identity card database of the Election Commission.

With this development there were also some differences in the opinion. Dr M Vijayanunni, former Chief Secretary of Government of Kerala said,

“China, which is the other country in the world comparable to India in terms of size and diversity of population, abandoned its universal ID system midway in the face of insurmountable problems encountered during its implementation, despite the supposed advantage of their totalitarian system in pushing through such a humongous but ill-advised project.”

He also added the example of USA that it has a social security number for all residents which does not intrude into the privacy of the individuals.




Saturday, March 31, 2012

2485 - A Taste of Nadra (Pakistan)



KCCI demands withdrawal of CNIC/ NTN condition
By: Our Staff Reporter | January 20, 2012

KARACHI - Karachi Chamber of Commerce and Industry has demanded immediate withdrawal of mandatory condition of CNIC/ NTN for all purchasers.
KCCI President Mian Abrar Ahmad has stated that numerous complaints were received from members on revised Income Tax, Sales Tax and Federal Excise Returns especially on CNIC/ NTN condition which became mandatory from January 1, 2012.

He said that unilateral decision should not be taken by FBR and this is very unfortunate that major changes have been made without consultation with the business and industrial community of Karachi.

Abrar said only Karachi contributes 68 percent of the revenue so before framing any policy, FBR should be taken KCCI on board. He demanded that FBR should not burden the already registered tax payers who are facing manifold problems like power, gas and water shortage, law and order situation and 2-weekly holidays.

He demanded that FBR should involve its own tax machinery to increase the tax net and revenue target of Rs 1,952 billion in current fiscal year. He further urged for equal treatment to the taxpayers by the tax collectors, with no discrimination in respect of penal action.


SC orders NADRA to devise strategy for CNICs to Hindu women 
30 March 2012
Staff Reporter

ISLAMABAD - Hearing a suo motu case involving problems faced by the women of Hindu community in obtaining computerised national identity cards (CNICs), the Supreme Court on Friday ordered the National Database and Registration Authority (NADRA) to sort out permanent solution of the issue, as it was the matter of three millions Pakistani Hindus.

A three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussain and Justice Tariq Parvez was hearing a suo motu case initiated on media reports, which highlighted problems faced by a Hindu woman, Pram Sari Mai, a resident of Rahimyar Khan. She failed to get a passport to visit India even after paying a large amount in fee.

During the hearing, Attorney General Maulvi Anwarul Haq told the bench that NADRA had issued a new circular about issuance of CNICs to the Hindu female through a simple affidavit.

Upon this, the chief justice observed that it was a temporary solution. He said the NADRA chairman had legal authority to amend the law pertaining to the matter. 

He said government should be consulted, if needed. The court directed NADRA to sort out permanent solution of the issue and submit report on April 23.

On last hearing, the court had expressed reservations over the miseries of the Hindu community, particularly verification of their women’s marriage contract before issuance of CNICs to them. 

“How can we satisfy three million Pakistani Hindu community, as they have equal rights as you have,” the chief justice had asked a NADRA official. He had said that the court was bound to protect the rights of minorities under Article 36 of the constitution.



Punishment for giving false ID information enhanced
Iftikhar A. Khan 5th November, 2011

The bill adopted by the National Assembly last year moved in the Senate by Leader of the House Nayyar Hussain Bokhari and was passed within minutes without any opposition at the end of proceedings on the last day of the session. – File Photo

ISLAMABAD: The Senate on Friday passed a bill which amends the National Database Registration and Registration Authority (Nadra) Act 2000 by enhancing the punishment from one year to 10 years for deliberately providing false information for obtaining Computerised National Identity cards (CNICs).
The bill adopted by the National Assembly last year moved in the Senate by Leader of the House Nayyar Hussain Bokhari and was passed within minutes without any opposition at the end of proceedings on the last day of the session.
Since offences entailing punishment of less than three years are non-cognizable according to schedule II of the code of criminal procedure, federal investigation agencies and police were handicapped in acting effectively against people providing false information and Nadra employees involved in providing fake CNICs. Now the FIA and police will have powers to arrest such people without any warrant.
The Senate also adopted the Criminal Law (amendment) Bill providing for rigorous imprisonment of up to 14 years for those committing or abetting in tampering with petroleum pipelines for theft or disruption of supply. Damaging or destroying transportation and transmission lines by an act of subversion by explosive material will also entail a punishment of up to 14 years and not less than seven years in any case, with a fine of not less than one million rupees.
The bill also makes tampering with domestic, commercial and industrial gas metres a cognizable offence.


Non-disclosure of NTN/CNIC number of unregistered buyers: ST returns e-filing to be blocked from Jan 1 

SOHAIL SARFRAZ
ISLAMABAD: The Federal Board of Revenue's (FBR) electronic system will not accept sales tax and federal excise returns from January 1, 2012 of all those registered manufacturers, importers and exporters who would not disclose their computerised national identity card (CNIC) number or national tax number (NTN) of their unregistered buyers.
Sources told Business Recorder here on Sunday that the system would automatically declare all such non-compliant registered persons as 'inactive', which would block their sales tax returns due to non-submission of the CNIC number or NTN of their unregistered buyers. The FBR will impose these restrictions over the non-compliant manufacturers, importers and exporters from January 1, 2012. Following introduction of the e-filing of returns for all sales tax registered persons, the FBR can easily declare non-compliant taxpayers as 'inactive' and subsequently sales tax returns could be blocked through the electronic system. The system can also declare the non-compliant manufacturers, importers and exporters as 'defaulted' as sales tax returns would not be accepted by the electronic system. From January 1, 2012, the facility given to the registered persons to show sales made to unregistered persons without submission of particulars would be ended under SRO821(I)/2011.
According to sources, the FBR had repeatedly relaxed implementation of SRO 821(I)/2011 to fulfill the demands of the business and trade community. The implementation of the said notification has been suspended till December 31, 2011. As a result of relaxation given by the Board, a number of people have started providing details of their unregistered buyers in the sales tax returns. With the passage of time, the tax department has been able to obtain identification of the unregistered buyers. The taxpayers have started to realise that it is necessary to provide details of the unregistered buyers to remain compliant and ensure tax adjustment facility for their registered buyers.
From January 2012, importers, exporters and manufacturers have to maintain the particulars of the buyers in the form of NTN/CNIC. It is also learnt that registered persons of the above category have started maintaining their records in this manner so that they should be able to show the compliance from January 2012. Keeping in view the fact the FBR has already introduced e-filing of returns for all sales tax registered persons and, with the help of this electronic filing system, the FBR can easily impose restrictions on electronic submission of returns till they provide the complete details prescribed by the Board. As a result of failure to provide particulars of the unregistered buyers, they would not be able to file the returns and consequently they may become non-active taxpayers. The major impact of non-active taxpayers would be on their buyers who cannot take input credit of the purchases made from such non-active taxpayers. Therefore, it is in their own interest to maintain proper records of all sales, whether made to registered persons or unregistered persons, for filing of their returns, sources said.
As a business practice, large majority of sales made by manufacturers, importers, and exporters is through the dealers and distributors who are otherwise required to be registered under the Sales Tax Act. The manufacturers have to provide the details of these registered dealers, etc, to remain compliant under the FBR system. As some of the manufacturers and importers have their retail outlets, they can continue to report their sales through the retail outlets as provided in the sales tax returns without providing the NTN/CNIC of the end consumers.
Sources said that it is obvious from the above stated facts that the NTN/CNIC to be provided by the manufacturers, importers and exporters is only in respect of their sales made to wholesalers, dealers and distributors and retailers. The non-compliant persons would be unable to file their sales tax returns as the system would automatically block their returns. Thus, the registered buyers would not be able to obtain input from these non-compliant taxpayers. Even registered buyers of manufacturers importers and exporters are compliant but they cannot be able to obtain input in case these manufacturers/importers etc were unable to provide particulars of their unregistered buyers. Thus, non-compliance of SRO 821(I)/2011 by the registered manufacturers/importers and exporters would also create problems for their compliant buyers in obtaining tax credit. The registered buyers would not be in a position to claim input tax credit due to 'inactive' status of their manufacturers.
Despite the fact that the registered buyers of the manufacturers etc are compliant they would not be able to claim input tax adjustment due to inactive status of their registered manufacturers, importers and exporters. This would be applicable in cases where registered manufacturers were unable to provide details of the CNIC/NTN of the un-registered buyers. In this way, the registered buyers would force their manufacturers, importers and exporters to become active/compliant taxpayer to enable them to claim input tax adjustment.
Over 90 percent of the supplies are being made by the manufacturers to the unregistered wholesalers, distributors and dealers of all essential commodities and items. These businessmen have to be registered with the sales tax department as they are directly obtaining supplies from the manufacturers, who are avoiding sharing of basic information with the tax department. The major documentation measure of the Board to obtain the CNIC/NTN from the unregistered buyers/sellers would bring these potential wholesalers, distributors and dealers within the documented regime as per current provisions of the law, sources added.

Staff Report Friday, 30 Dec 2011 3:40 am   

ISLAMABAD - Interior Minister Rehman Malik on Thursday said the National Database and Registration Authority (NADRA) had been directed to issue Computerised National Identity Cards (CNICs) to orphans and the process would start from today (Friday). “I have directed NADRA to issue CNICs to orphans on production of an authority letter from any registered orphanage centre,” Malik said while responding to supplementary questions during the National Assembly question hour. He said Pakistan’s name had been removed from the international watch list on human trafficking due to efforts of the FIA.
On its role in addressing corruption, the minister said the FIA had so far recovered Rs 808 million lost in corruption. To a question, the minister said Transparency International was a small institution, therefore, its report was not final and it should be noted that corruption in Pakistan could never measured on the same tools used in Europe. 

1.2m people removed from voters’ list in Balochistan
By Our Staff Correspondent       
Mr Anwar said the commission would have the support of army or Frontier Corps in the verification campaign. After the completion of first phase of the drive, new computerised electoral lists would be put on display for 21 days for the purpose of correction. However, a person who could not be registered during the drive can get himself registered with the commission till the announcement of holding of elections. — File Photo  

QUETTA: The Election Commissioner of Balochistan, Mehboob Anwar, has said the names of about 1.2 million people have been removed from the list of voters because theses were not verified by the National Database and Registration Authority (NADRA).
Speaking at a press conference here on Monday, he said that a door-to-door verification campaign had been launched to compile a final computerised electoral list. He said the Supreme Court had ordered verification of the voters’ list during the hearing on petitions moved by Pakistan Tehrik-i-Insaaf chief Imran Khan and TV anchorperson Mubashir Luqman.
Mr Anwar said that after the removal of 1-1.2 million people from the list the number of registered voters in Balochistan had fallen to 3,004,000 from 4,362,272.
In reply to a question, he said the expelled voters had registered themselves in more than one place. Under a new policy, he added, a person must possess the computerised national identity card (CNIC) to get himself registered with the Election Commission as a voter. No other document will be acceptable.
Mr Anwar said the commission would have the support of army or Frontier Corps in the verification campaign. After the completion of first phase of the drive, new computerised electoral lists would be put on display for 21 days for the purpose of correction. However, a person who could not be registered during the drive can get himself registered with the commission till the announcement of holding of elections.
Mr Anwar said polling offices would be provided new electoral lists having pictures of voters during the elections. Thirty assistant election commissioners, 272 assistant registration officers, 2,000 supervisors and 8,000 other staff would take part in the verification drive in 9,214 census blocks in 30 districts of the province. The campaign will continue till Sept 30.

Saturday, May 14, 2011

1297 - The trouble with big brother’s eye - Source - Tehelka

From Tehelka Magazine, Vol 8, Issue 20, Dated 21 May 2011

CURRENT AFFAIRS        
UID PROJECT

The company that will provide biometric solutions for the UID project employs former US intelligence officials. What does this mean for our security, asks Baba Umar

LAST YEAR, Tembhali, a hamlet of around 1,500 villagers in Maharashtra’s Nandurbar district, suddenly received a facelift — paved roads, painted walls and uninterrupted power supply. Not much was known about the village until 29 September when Prime Minister Manmohan Singh and Congress supremo Sonia Gandhi landed here to launch the world’s largest unique identity programme.

The idea was to create unique biometric identification cards for more than 1.2 billion Indians that will contain basic information such as name, a photograph, gender and date of birth plus a microchip to link the card to a biometric database that will have the cardholder’s fingerprints, iris scan, digital face image and address.

The project, which has already cost around Rs 3,170 crore, is slated to help the poor get access to welfare schemes and rid the PDS of grain diversion and the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) of pilferage.
Eye spy? 
A Delhi resident has his iris scanned
Photo: Shailendra Pandey

“The UID can be leveraged at various points in welfare schemes to improve the delivery systems by making them transparent and cost-effective,” says Unique Identification Authority of India (UIDAI) Director-General Ram Sewak Sharma.

However, for those working on issues of food security, migration, MGNREGA, civil liberties and human rights, the UID is an invasion of privacy, through which personal information will be stored in a database that could be used for profiling, tracking and surveillance.

And the involvement of companies such as American defence contractor L-1 Identity Solutions — which has names associated with the CIA and other US defence organisations in its top management — together with US-based Ernst & Young and Accenture raises queries about how much access they will have over Indian data.

“Can the government or the UIDAI assure the people that their details will not be shared with business enterprises, companies and political outfits?” asks Gopal Krishna of the Citizens Forum for Civil Liberties. Krishna, who has been aggressively campaigning against the UID, says the Nazi Party had hired IBM to profile people “leading to the Holocaust”. He says IBM was and remains in census business and is currently part of World Bank’s e-Transform Initiative of the developing world of which the UID scheme is a component.

Related
Why Nandan wants to tag You
UID is an Identity Crisis in the Making by Usha Ramanathan-Tehelka
Falling Between The Barcodes-Tehelka

The three foreign companies will be implementing biometric solutions for UIDAI that includes designing, supplying, installing, commissioning, maintaining and supporting the multi-modal automatic biometric identification subsystem.

AMONG THE names associated with L-1 Identity Solutions are former CIA director George Tenet and former Homeland Security deputy secretary Adm James Loy, also on the board of Lockheed Martin. The company’s links with the US military establishment is underscored by the fact that its board of directors include former Army Technology Science Board member BG Beck, former chairperson for the Secretary of the Army’s National Science Centre Advisory Board Milton Cooper.

It’s feared that the database can be used as a bulwark against India because all US based firms are subject to the Patriot Act that obligates American companies to share their data with Washington.

L-1 also mentions on its website its experience with Pakistan’s unique identity agency NADRA (National Database & Registration Authority), which, Krishna says ‘appears to be created on the same business model that is packed by people with intelligence and military links’.

“The UIDAI feared to have linked CIDR with the National Intelligence Grid — created to connect 21 existing databases with Central and state government agencies — and National Population Register and L-1 and Accenture who work in close affinity with US intelligence agencies,” he adds.

 Most Christian and Muslim Dalits are probably worse 
off than so-called Hindu Dalits

Defence experts opposed to the UID, claim that the PMO, defence sites, and more than a thousand government sites were attacked 4,000 times by China in 2010 alone “and things seem no different in this case”.

“The UIDAI has been foolish in its approach towards setting up the UID database,” says Mathew Thomas, former army officer and a vehement critic. “In this programme, fingerprint technology is provided by a US-based company whose directors are former CIA and FBI officers. The database is set up by Accenture. The database is to be linked to other databases like banks, phone companies, etc. Once a person hacks into the UID database, s/he can gain access to any other database. We are handing over data to anyone who would like to take it.”

“Did you hear about the incident in which 77 million Sony Playstation accounts were hacked? That’s why a London School of Economics report warned that such a central database would be a potential target for terrorists. If the purpose is to reduce corruption in welfare schemes, then why create a database of all people? This is where the government and the UIDAI are telling lies. It’s because if they talk about the real purposes of the UID, people would start resisting. It is meant to track and target people,” adds Thomas.

However, contrary to Thomas, others like Brig (retd) Rumel Dahiya of the Institute for Defence Studies and Analysis don’t find anything wrong with the involvement of foreign firms. “I am not discounting that certain amount of pilferage will take place,” he says. “However, the UIDAI has to make sure that the data being processed isn’t linked to servers abroad and it remains within an Indian system. Information of sensitive nature is protected, vetting of all machines from microchips is done, and physical check is ensured when people are working on a database.”

HOWEVER, UIDAI’S Sharma fends off all this criticism by saying that the “data collected for Aadhaar enrolment will be held by the UIDAI and will not be accessible by outside agencies. Any violation will invoke penalties and legal action. Profiling and tracking info and transaction data will not be collected. The UIDAI will not reveal personal information from the database.”

One of the strongest resistances to the UID comes from legal experts who have been questioning UIDAI’s constitutional validity. According to them, many issues including profiling, privacy safeguards, civil liberties protection, and e-surveillance have been totally neglected from the Bill.

“The UIDAI should have been preceded by a constitutionally-sound legal framework and parliamentary oversight. Both of these are missing, making it an unconstitutional project,” says Supreme Court lawyer Praveen Dalal. “Constitutionally, preparation of a legislation/Bill is the duty of the Indian government and it must be passed by Parliament. But in this case, an authority like UIDAI is suggesting the Bill which is itself devoid of any constitutional validity,” says Dalal, adding the enrolment procedures and the exercise of taking biometric details too is “unconstitutional”.

Noted Supreme Court lawyer Rajeev Dhawan believes that internally displaced and refugees “are likely to be harassed”. “If the UID carries with it any other info that is kept in the government databases, it would be an invitation to big brother governance,” he explains. In an earlier interview to TEHELKA (Why Nandan Wants To Tag You 6 November 2010), UID Chairman Nandan Nilekani had himself argued that India needs a well-debated and pervasive privacy law, not restricted to UID.

Still in control UIDAI Director-General Ram Sewak Sharma 
has rubbished fears of data loss
Photo: Shailendra Pandey

Many critics argue that the UID is mainly a security project. And as far as socio-economic benefits of the UID are concerned, the UIDAI itself has stated that it is only in the identity business and the responsibility of tracking beneficiaries and the governance of service delivery will remain with the respective agencies.

“The UID cannot address the bulk of the delivery problems in two of the biggest social sector programmes like MGNREGA and PDS,” says writer and activist Ruchika Gupta. Coupled with technological challenges, the fact that only about half the villages in the country have the mobile connectivity required for UID to work, that biometric readers are error prone, susceptible to damage — linking UID with social sector legislation is completely baseless.

“Without assessing the relationship between an individual and the State, the programme was advertised with the name that corruption is the fundamental problem, but they are handing over all the details to those very people who we are accusing of corruption,” says independent law researcher Usha Ramanathan.

Then there is a strong criticism of the credibility of the UIDAI’s claims in the field of social policy too. “Scrutinising the UIDAI’s documents reveals their poor understanding of how PDS and MGNREGA leakages occur and little evidence of creative thinking on plugging them,” says Reetika Khera, a development economist and assistant professor at IIT, Delhi. She has been critical of the UIDAI’s assertions that the scheme is voluntary. “The UIDAI is eager to enrol people. Till enrolment remains voluntary, people are likely to come in a trickle. To encourage them, government departments will make it a pre-requisite, by linking issue of new job cards to UID enrolment.”

Data collected for Aadhaar enrolment won’t be 
accessible to outside agencies,’ says UIDAI’s 
Sharma

Khera has a point. Because recently the district administrations in Mysore and Bengaluru initiated steps making UID numbers compulsory at various levels in state government offices. The move leaves no chance to stay away from the scheme.

Similarly, India’s national payment gateway, National Payments Corporation of India (NPCI) aims to link Rupay, its soon to- be-launched domestic payment gateway on the pattern of Visa and MasterCard, with the UID programme. The move will allow customers to use their UID numbers as their banking passwords. All this makes UID a compulsory card that will link with it a person’s other information too which is contrary to UIDAI’s policy.

Even as Rajana Sonawane of Tembhali, the first Indian to receive the UID card wonders what benefits the card will offer him, the arguments continue elsewhere about the efficacy of this unique project.

Baba Umar is a Correspondent with Tehelka.
babaumar@tehelka.com