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 the Wire. Show all posts
Showing posts with label the Wire. Show all posts

Friday, October 4, 2019

14277 - For Many Indians, the Right to Sanitation Is Coming at the Cost of Other Human Rights by Usha Ramanathan - The Wire

For Many Indians, the Right to Sanitation Is Coming at the Cost of Other Human Rights



It should be axiomatic that one human right ought not to be realised by violating other human rights. Yet, the Indian experience tells us that that is not as obvious as it may seem.



Photo: Reuters/Files

Usha Ramanathan

01/OCT/2019

Last week, on September 25, two young Dalit children were beaten to death in Shivpuri, Madhya Pradesh for defecating in the open. This isn’t the first time the idea of “cleanliness” and the right to sanitation have in fact enforced prejudice – based on caste and class – and resulted in violence, even killing. In this excerpt from Usha Ramanathan’s Foreword to The Right to Sanitation in India, she talks about that link.

The century turned, and another human right gained recognition. In its early years, sanitation found honourable mention in the United Nations General Comment No. 15 along with the right to water, which underlined that “[o]ver one billion persons lack access to a basic water supply, while several billion do not have access to adequate sanitation, which is the primary cause of water contamination and diseases linked to water”. At that point, sanitation was largely seen through the potential of faeces to contaminate water. In the decade that followed, the human right to sanitation found itself in the interstices of the right to health, the right to adequate housing, and the right to an adequate standard of living, alongside the right to water.

There are few who would doubt the value of safe, accessible and hygienic sanitation. There has been too much silence around sanitation, and for far too long. Progressive recognition of this right in the international arena has acted as a prompt for states to place sanitation squarely on their agenda. In India, the recognition of the importance of sanitation started earlier, in 1999, with the Total Sanitation Campaign – renamed the Nirmal Bharat Abhiyan – with the goal of ending open defecation by 2017. In 2014, when a new government was installed at the Centre after the general election, among its early interventions in public policy was the Swachh Bharat Mission (Clean India Campaign). The pressure has been building up since then, with the prime minister personally putting his heft behind the campaign, with reward and punishment pursuing statistics around an acronym minted in the 2000s: ODF (Open Defecation Free).

It should be axiomatic that one human right ought not to be realised by violating other human rights. Yet, the Indian experience tells us that that is not as obvious as it may seem.

Also read: What the MP Children’s Murders Tell Us About Caste and Cleanliness

The first public shock about the calamitous effect of prejudice in the context of sanitation is recorded in a 1996 report of the People’s Union for Democratic Rights (PUDR)-Delhi. Dilip, a 19-year-old young man visiting Delhi to witness the Republic Day celebrations in January 1995, was “beaten, kicked and forced to run around and squat by constables of Delhi police. Dilip collapsed and died on the spot”. The provocation: that he was from a nearby slum and appeared to have used the park to defecate. In the ensuing conflict that erupted when the police attempted to remove Dilip’s body, and irate slum dwellers resisted, the police fired, immediately killing three, one more person died subsequently, 16 were injured and 123 arrested.

In interviews to the press, the additional commissioner of police defended the firing as an “inevitable and necessary intervention in a conflict between the ‘haves’ (the residents of Ashok Vihar – a residential colony) and the ‘have-nots’ (the jhuggi dwellers) – sooner or later this had to happen”. The police position on this episode was summed up in the report as follows:

Slums have grown in Delhi;
It is not possible to provide amenities to slum dwellers;
Therefore, tensions are a necessary result;
The police is not responsible for such a situation;
But they are forced to intervene to preserve law and order.



The Right to Sanitation in India: Critical Perspectives
Edited by Philippe Cullet, Sujith Koonan, and Lovleen Bhullar
Oxford University Press, 2019

The PUDR report sets out a telling statistic:

“…the Slum Wing provides one tap for every hundred jhuggis and one toilet seat for every 25 jhuggis. It admits that one toilet seat ought to be provided for every 7 jhuggis. However, in Shaheed Sukhdev Nagar there are no toilets, for roughly 5,000 families. The Slum Wing cites a combination of factors as ‘cause’ including ‘a lack of space and the reluctance of the railways.”

This incident is teeming with multiple violations of human rights – to dignity and safety while doing what must be done; police brutality; arrest and detention; and the taking away of life itself.

Also read: Even If Data Is Legit, Swachh Bharat Will Have Failed Its Open Defecation Goal

Recent years have seen a return of this attitude of intolerance, accompanied by public shaming, exclusion and punishment. The focus has moved away from dignity to shame, and from provision to punishment. Consider these representative incidents:

On June 17, 2017, newspapers reported that a man had been beaten to death by municipal council employees when “he tried to stop them from clicking photographs of women defecating in the open. He was allegedly kicked, punched and beaten with a stick. He died later at a hospital”. This happened when the officials were on their morning tour of the area.

The cruelty takes different forms. In October 2017, an IAS officer in Maharashtra reportedly “garlanded and felicitated” two women labourers while they were returning from defecating in the open. He then sent the pictures to the media. The state government ignored demands for action against the officer.

The state has acquired a reputation for adopting extreme measures in its keenness to end open defecation. Earlier in the year, the state government of Maharashtra set up what were called ‘Good Morning Squads’ to spot and crack down on those defecating in the open. As a squad member explained to the reporter: “it is necessary to create fear among people relieving themselves in the open. But we normally have to just shout or whistle to get people to run away”.

Public shaming, punishing, threatening and inducing fear have become part of state practice in ridding itself of what it sees as the shame of open defecation. Others imitate these tactics. 

So, a TV channel started the following campaign: Name and Shame Campaign; #EndOpenDefecation; Blow the Whistle on Open Defecation; Send in pictures at …

A shift has been made from the human right to sanitation to the state’s sense of shame and ambition to erase open defecation. The lawless lengths which may be reached is evident from newspaper reports which list ways in which punishment is meted out, such as in the case of the state of Rajasthan where:

Six villagers were arrested in Bhilwara for defecating in the open;

Subsidised grains were denied under the public distribution system (PDS) to families without toilets in Jhalawar district;
In Jahazpur sub-division of Bhilwara district, power supply was disconnected in a village where only 19 percent of households had toilets; and

In Karauli, women teachers were asked to mark attendance from the field by clicking selfies while they prevented villagers, men and women, from defecating in the open.

In Puducherry, Lt Governor Kiran Bedi tweeted that subsidised rice in the PDS would be given only in villages certified to be ODF. Public outrage caused her to backtrack swiftly, while making a pitch for “cleanliness”.

This idea of the ‘clean’ has shifted the focus from the concerns of those below the poverty line to the priorities and prejudices of those wielding power. Law supports none of these actions. Quite to the contrary, the National Food Security Act, 2013 creates statutory entitlements to food, which are thwarted by the imposition of these unsanctioned penalties. Even arrest and detention have been taken out of the idea of the rule of law.

Usha Ramanathan is a legal researcher.

#Grit is an initiative of The Wire dedicated to the coverage of manual scavenging and sanitation and their linkages with caste, gender, policy and apathy.

Friday, August 30, 2019

14243 - Aadhaar Adds to Women's Problems in India. Here's Why. - The Wire

Aadhaar Adds to Women's Problems in India. Here's Why.

The imagination that ‘women’s issues’ are discrete concerns that are mutually exclusive to the design, implementation, and assessment of ‘general’ policies is fatally ineffective
28/AUG/2019





“Aadhaar issues have now been settled. I think now you will see more and more usage of Aadhaar. It will improve the economy and allow people to improve their lives,” said Nandan Nilekani, the architect of Aadhaar, in a recent interview.

Such an overarching term, “Aadhaar issues,” fails to take into cognisance the complexities of mass surveillance and several fundamental and constitutionally guaranteed rights.

Last year, Nilekani claimed that Aadhaar is an assertion of individual identity that has particularly impacted women. He assured that “UIDAI’s continued commitment [is] to evolve solutions that include, not exclude.” The experiences of women with Aadhaar, however, tell a different story altogether.

Also read | Aadhaar: A Primer to Knowing Your Rights

Nilekani’s claims attempt to brush over several issues with Aadhaar, the most appalling of which is the fact that despite being important stakeholders, women and their concerns have never adequately featured in discussions on Aadhaar.

Rani Raj Gond

Rani Raj Gond, an elderly woman, leans uncomfortably against the wall of her home in a village in rural Bundelkhand. The left side of her body is paralysed from head to toe. Her left hand hangs limp. Like most women in villages, she too cannot recall her exact age, but says she must have crossed 60 at least 10 years ago.



Rani Raj Gond. Photo: Arun Ramasubramanian

She lives with the family of her eldest son, an occasional marginal farmer and a full-time agricultural labourer. Her daughter-in-law, also an agricultural labourer, looks after her day-to-day needs. Without a very stable source of income, Rani’s old-age pension, however little, was a crucial support. The least that amount did was to ensure that her medical care was not too much of an additional burden on the family. But in the beginning of last year, her pension was stopped.

Two years ago, she was affected with a massive stroke that left her left hand immobile and her fingers numb.

Consequently, she was unable to give fingerprints for the biometrics that are required for her to receive her pension. The family tried twice, and once even managed to get the machine to their house, but as Rani explained sadly while looking at her motionless fingers.“Meri ungli hi nahi chalti (my finger doesn’t move).”

Without the pension, her family struggles. Since the pension was stopped one and a half years ago, she has not received any medical care.

Rani has lived in the village all her life. She is dearly admired by most and well known. Yet now that a machine has failed to authenticate her, she suffers.

Bimla Bai Lodhi

The monsoon could be brutal, fears Bimla Bai Lodhi, a woman in her late thirties in rural Bundelkhand. She hurriedly tries to repair her thatched roof, and looks extremely worried. “Life is not too kind to a widow. There’s so much to worry about.” she mutters under her breath.



Bimla Bai Lodhi. Photo: Kanika Sharma

After her husband’s death eight years ago, Bimla has been struggling to make ends meet while raising her two teenage daughters.

She owns barely an acre of non-irrigated land which does not even yield reliable produce. There are limited work opportunities for her in the village, and she stays under circumstances that can best be described as constant mistreatment by in-laws. In these circumstances, Bimla is dependent on government support for her family’s survival.

She is entitled to 15 kg of grains for her family of three. She used to walk to the local Public Distribution System shop to collect her monthly ration supply.

In March, however, she returned empty handed. She somehow managed that month, thinking it could have been a “technical” problem. The next month, again, she could not get her rations. The machine refused to register her thumbprints anymore. “They said there is some linking problem,” she added.

With no information on whom to report such cases to, Bimla has no option but to buy rations at non-subsidised rates. For her, this is an enormous ordeal and with no support, Bimla is not sure how long she can manage to feed her family.

Anjali Kumari
At around eight in the morning, the children in Sarvodaya Kanya Vidyalaya of Malka Ganj in North Delhi stand in neatly arranged queues to sing their morning prayers.



Anjali Kumari. Photo: Sweta Dash

Anjali Kumari, a young woman of 17 years, knows all the prayers by heart, and hums them while she walks right past the school everyday. She works as a domestic help in the houses nearby. “That could have been my school, but it isn’t,” she says. Not having an Aadhaar card has made her a dropout.

Many years ago, her parents had to move to Delhi to search for a livelihood in the city, and she was left behind with her grandmother in Nalanda district of Bihar. Not many girls in the neighbourhood were sent to school, but Anjali was adamant. “I kept myself busy with Maths, my favourite subject,” she recalls. She studied till Class 7 in a government school, before her parents got her to the city.

Her Aadhaar card was lost in transit.

The authorities in the school refused to enrol her. Anjali was disheartened. She wanted to go to school, study and make friends – like the other children. Her parents pleaded at another school in Shakti Nagar, too. The authorities, however, only repeated the “no Aadhaar, no enrolment” line.

Her parents work in a kabadi bazaar and occasionally, as daily wage labourers. Despite their difficulties, they ran from pillar to post to get a copy of Anjali’s Aadhaar card made or to even to have her re-enrol for Aadhaar. “Some people charged money, but never really got back after that,” says Anjali.

Three years have passed. Anjali works double shifts in three houses, nearly seven hours daily. She also works at a laundry service for additional cash. She counts her wages repeatedly, as it helps her remember her long lost love for Maths. “I still don’t understand why that document is so important,” she says and laughs.

An unsettled gender issue

For Rani, Bimla and Anjali, not only has Aadhaar not eased their lives, instead it has further constrained their access to essentials like nutrition, health, and education and a right to life with dignity.

Also read | Aadhaar Amendment Bill: Is Expanding the Use of UID Legally Sustainable?

The government’s own surveys have repeatedly indicated their vulnerable position. The findings from the latest National Family and Health Survey show that more than half of women aged between 15 and 49 are anaemic, only one third of women aged 15 to 49 have completed more than 10 years of education, and about two-thirds of women in this age group report at least one problem in accessing medical care.

The imagination that ‘women’s issues’ are discrete concerns that are mutually exclusive to the design, implementation, and assessment of ‘general’ policies is fatally ineffective, and has unfortunately existed in most policy debates in India.

There is no milder way to state that Aadhaar issues are women’s issues too. With the existing abysmal gender inequity, the emergence of Aadhaar as a doorkeeper to welfare schemes and entitlements has only exacerbated women’s problems further.

Disturbingly, Aadhaar has become a burden for maternity entitlements of pregnant and lactating women recently after the introduction of Pradhan Mantri Matritva Vandana Yojna – the Central government’s maternity benefit scheme that excludes more women than it covers.

It has also disallowed access to healthcare for pregnant women for delivery and even for cases of termination of pregnancy. The dangerous proposals to link reproductive healthcare services with Aadhaar are “in direct violation of a female’s right to decisional privacy with regard to their own body”.

It is time call out Aadhaar and the larger project of ‘Digital India’ for its severe gender incomprehension. In the name of data-driven development, Aadhaar has become an additional structure for oppression and exclusion of women as well as of marginalised communities in India.

Their experiences must be strongly and urgently brought to the centrestage to reassess the hurried celebrations of Aadhaar’s successes.

Kanika Sharma is a researcher focusing on social inequalities in health in India. Sweta Dash is pursuing a master’s degree in Gender Studies from Ambedkar University, Delhi and is associated with the Right to Food campaign.

Tuesday, June 11, 2019

14163 - Access Now Calls Usha Ramanathan 'Human Rights Hero' for Opposition to Aadhaar - the Wire

Access Now Calls Usha Ramanathan 'Human Rights Hero' for Opposition to Aadhaar

While facilitating Ramanathan's "tireless" efforts to highlight the issues related to Aadhaar, Access Now has said that it also wants to "recognise the entire community that has protested and litigated against Aadhaar".
New Delhi: Usha Ramanathan, a legal researcher and activist based in Delhi, has been declared a ‘human rights hero’ by international rights group Access Now for her criticism of the Aadhaar programme. Since the scheme was launched in 2009, Ramanathan has been raising the security and privacy risks associated with it, as well as the concerns on linking the programme to welfare schemes.
While facilitating Ramanathan’s “tireless” efforts to highlight the issues related to Aadhaar, Access Now has said that it also wants to “recognise the entire community that has protested and litigated against Aadhaar”.
The award function will be held in Tunis between June 11 and 14, as a part of RightsCon. The awards will be handed out by Michelle Bachelet, the United Nations high commissioner for human rights.
Describing the award, Access Now says, “In celebration of…the work of people around the globe to protect human rights in the digital age, every year Access Now names “heroes” and “villains” who have either protected the principles of freedom online, or worked to undermine them.”
There are a total of five winners this year. Other than Ramanathan, Bahraini activist and digital security consultant Mohammed Al-Maskati, Australian human rights lawyer, broadcaster and writer Lizzie O’Shea, Tanzanian digital security trainer Zaituni Njovu and Venezuelan lawyer, writer and human rights activist Marianne Díaz Hernández have also been designated ‘heroes’.
In September 2018, the Indian Supreme Court upheld the validity of the Aadhaar law, but placed strict restrictions on its scope. Before the final judgment, the court had passed a number of orders which were conveniently ignored by the administration, Ramanathan and others have pointed out.
Ramanathan has written a number of articles on why the programme needs to be rebooted, and the risks it poses to people’s privacy. A number of her articles have been published in The Wire.
You can read The Wire‘s full coverage of the Aadhaar programme here.