#India – Threat of exclusion, and of surveillance #UID #Aadhaar


Uid- I am not a criminal

The aadhaar project has become the bane of average Indians, threatening their access to all manner of services. basic questions have sometimes been asked and almost never been answered, says
Usha Ramanathan, in the first of a multi-part series.

The Unique Identity (UID) project has been around for over four years. The Unique Identification Authority of India (UIDAI) was set up by an executive notification dated 28 January 2009 and came into its own after Mr Nandan Nilekani was appointed as chairperson in July 2009. Now it has, as some observers say, become an experiment being conducted on the entire  country.
In its early stages, it was marketed, simply, as giving the poor and the undocumented an identity. It was to be voluntary, and an entitlement. But, it is evident even from the Strategy Overview document of the UIDAI that it was never intended to be an entitlement that people may choose to adopt or ignore. That document said that “enrolment will not be mandated”, but went on to add: “This will not, however, preclude governments or registrars from mandating enrolment”. So, the potential for compulsion was built into the architecture of the project. Starting in 2012, voluntariness began to be eroded, and threats of exclusion from services and entitlements began to be bandied about. By January 2013, a virtual panic was set off when it was announced that various services and entitlements would not be accessible to persons who did not have a UID number.
Mr Nilekani has said time and again that half the population is expected to be enrolled by the end of 2014; yet, there have been warnings that people without a UID number may find themselves unable to access benefits and subsidies if they did not have it, if a bank account had not been opened, and if the UID number were not embedded in the bank account. So, subsidy for cooking gas, kerosene, and scholarships, for instance, became dependent on having a bank account seeded with the UID, or aadhaar, number. In case anyone wonders what the UIDAI has to do with these decisions, it is the chairperson of the UIDAI, Mr Nilekani, who chaired the committees that recommended these changes. The reports are in the public domain.
From its inception, the UID project has been about creating the ‘database resident’. The website of the Department of Information Technology, which has been renamed as Department of Electronics and Information Technology, modestly carrying the acronym DeitY, has said all along that “Project UID, a Planning Commission initiative, proposes to create a central database of residents, initially of those above the age of 18 years”. Except, that the UIDAI got more ambitious and wanted everyone, from the newborn to the oldest resident, on its database. And it was always intended to converge various databases to construct a profile of the individual, and to this effect the website of DeitY says that “the project envisages provision of linking of existing databases, as well as providing for future additions, by the user agencies”. The MoUs between the UIDAI and various registrars that include the state governments, oil companies, banks and the Registrar-General of India, who is in charge of census and the National Population Register and socio-economic and caste census, not only provide for various additional fields of data being collected during enrolment, but also for having the UID number appended to each such database.
As for biometrics, documents reveal that when the decision was made to use fingerprints and iris for enrolment, there was no knowledge about whether these biometrics would work in India, given the demographic and environmental conditions. In fact, it has since been found that with age the fingerprint fades, that manual labour makes the fingerprint difficult to read, that malnourishment-induced cataract blights an estimated 8-10 million people, and so on. In fact, as recently as 23 April 2013, Mr Nilekani said in his speech at the Centre for Global Development in Washington: “We came to the conclusion that if we take sufficient data, biometric data of an individual, then that person’s biometric will be unique across a billion people. Now we have to find that out. We haven’t done it yet. So we’ll discover it as we go along.” First, the conclusion. Then they will wait to find out! That is why some observers of the project have been saying that it is an experiment being conducted on the entire population. The consequences of failure have not been discussed, although, in a talk at the World Bank in Washington on 24 April 2013, Mr Nilekani said in response to a question about what he thought was the greatest downside risk to the UID: “To answer the question about what is the biggest risk,” he said “in some sense, you run the risk of creating a single point of failure also.”
There is more to cause concern, and much to be answered about UID.
(The writer is an academic activist. She has researched the UID and its ramifications since 2009.)
LEGALITY
The UID project is proceeding without the cover of law. There is only the notification of January 2009 which says the UIDAI “owns” the database, but which says nothing about how it may be used, or what will happen if it fails or if there is identity fraud, or some outside agency gains access to the database. A Bill was introduced in Parliament in December 2010, after the project had been launched and data collection had begun. The Bill collapsed in December 2011 when the Parliamentary Standing Committee found it severely defective, and after it found that the Bill and the project needed to be sent back to the drawing board. There is no sign yet of a Bill, and any protection that the law may offer is non-existent. There is no law to protect privacy either.
Convergence and snooping
The UIDAI, and Mr Nilekani, have refused to address the probability of surveillance, convergence, tracking, profiling, tagging and intrusions into privacy that is likely to result from the creation of the database of residents and the intended convergence. The link between technology, databases, governmental power and corporate involvement in creating, maintaining, managing and using databases has produced various scenarios of surveillance that we ignore at our peril. PRISM is such a stark demonstration of the ambitions that can fuel a state that the UIDAI can no longer just say `no comment’ when asked about the surveillance potential being created.
In the same period, the state has already set up agencies such as the Natgrid, NCTC, NTRO, CCTNS, MAC which will use the potential for convergence of databases that the UID makes possible. In April 2011, the government made rules under the IT Act 2000, by which it would be able to access any data held by any “body corporate”. More recently, we have been hearing about the CMS, or the Central Monitoring System, speaking to a surveillance and control approach that will have the state snooping on us with no oversight, no prior permission, no answerability at any time to anyone.
The companies engaged by the UIDAI to manage the database include L1 Identity Solutions and Accenture. The UIDAI, in response to an RTI request, has claimed that they have no means of knowing that these are foreign companies, given the process of their selection! Yet, a search on the internet reveals the closeness between the L1 Identity Solutions and the CIA, and that after a recent transaction, it is part-owned by the French government; while Accenture is in a Smart Borders Project with the US Department of Homeland Security. Data security, personal security, national security and global surveillance are all drawn into a ring of concern, but remain unaddressed.

 

#India – Cash for #Aadhaar card scam busted #UID


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TNN | Jun 29, 2013,

VADODARA: A citizen, who wanted to get anAadhar card, has blown the lid off a racket of accepting bribes to get the formalities of the card completed at a ward office of VadodaraMunicipal Corporation (VMC). The civic body got the man seeking the bribe sacked and has issued a notice to the firm to which the work was outsourced.A resident of Tarsali area of the city Indravadan Rathod exposed the racket after he was asked to pay the amount earlier this month for the registration of himself and his wife. He struck a deal for the card of his son for which necessary procedures were to be conducted on Friday and exposed the issue before mediapersons.

Rathod had gone to inquire about the procedures for the card on June 14 this month and was asked to come on June 15 by a youth working for the registration for the cards at the ward office. Rathod said he was asked to pay Rs 100 each for his and his wife Tara’s registration. He paid the amount and did not have to wait like other citizens and got the registrations done.

Rathod contacted the person again for the registration of his son and struck a deal. But when he went to the office of ward four for the registration on Friday, he took along the media and exposed the racket. Rathod said the money was to be given to a person operating at a photocopying centre near the ward office. Rathod later submitted a formal complaint regarding the issue to VMC headquarters.

“People come early in the morning before daybreak to get themselves registered. Then they have to come again at the time given to them to get themselves registered and give their fingerprints as well as retina scans. By paying money you can bypass the entire process,” Rathod said. VMC deputy municipal commissioner R K Sugoor said the man accused for taking bribes has been removed from duties. He added that the firm handling the project had also been issued a notice.

Sources in VMC added that the firm was appointed by the government after an elaborate procedure.

They added that the civic body’s job was to facilitate the operations.

 

#India- Neither Ready nor Steady for #Aadhaar #UID #DBT #mustread


TRANSITION  FAILURE

Jun 30, 2013 |DowntoErath

Author(s): Jitendra @jitendrachoube1 Aparna Pallavi @AparnaPallavi1 Akshay Deshmane @DeshmaneAkshay Alok Gupta @alok227 M Suchitra

 Down to Earth- Cover Story

With an eye on the 2014 general election, the UPA government is expanding its ambitious Direct Benefit Transfer programme that promises welfare as cash in bank accounts. But without any groundwork it is only creating more trouble for beneficiaries

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election 2014Come July 1, the UPA government will roll out the second phase of its ambitious programme, Direct Benefit Transfer or DBT. The programme aims to transfer welfare benefits, such as scholarship, pension and subsidies, directly to the bank accounts of the beneficiaries. When the government kicked off the first phase in 43 districts in January this year, it hyped DBT as a “game changer” in the way it provides benefits to the people.

The controversy-hit UPA sees the programme as its trump card for the 2014 general election. It plans to expand DBT to 78 districts, covering almost a fifth of the country.

At the core of the scheme are bank accounts that have to be “seeded”—paired in lay lexicon—with a biometric-based Aadhaar card that assigns a unique identification number. As Down To Earth reporters travel to five states under DBT they report that thousands of beneficiaries are left out of the DBT coverage at every step of opening the Aadhaar-paired account

‘WHAT’S ACCOUNT SEEDING?’

JHARKHANDWhen it comes to percolation of benefits through the UPA government’s ambitious direct benefit transfer (DBT) programme, Jharkhand fares the worst among states that Down To Earth visited. The programme remains a nonstarter in all the four districts in the state where it was rolled out in the first phase. And it is not difficult to figure out why.

Senior officials of the districts open up the discussion on DBT with a fundamental question: “What is seeding of bank account?” To the uninitiated, it means integrating one’s bank account with his or her unique identity (UID), or Aadhaar number. This helps the government access the details of the beneficiary and transfer welfare benefits as cash to his or her bank account. Thus, it is the single most important procedure to roll out DBT.

This ignorance among government officials is indicative of the state’s progress in implementing the ambitious programme of the UPA government. Seraikella-Kharsawan, the first district in the state under DBT since January, has more than 46,500 beneficiaries of different schemes. Only 500 are receiving the benefits.

In state capital Ranchi, District Information Officer Deepak Kumar claims 53,671 people are benefitting from 11 schemes under DBT. But the figure does not remain this impressive when Kumar divulges that the government has so far disbursed only Rs 16,454. This means each beneficiary has received Rs 3.20. This is a serious mismatch.

Confusion over numbers also reigns in Hazaribagh. At a recent review meeting of DBT, state chief secretary lauded Hazaribagh for the maximum Aadhaar coverage in the state. District UID officer Neetu Bharti says her department has issued Aadhaar cards to 9,000 people in Hazaribagh and all of them have seeded the card number with their bank accounts. But she admits that only 2,023 are receiving benefits.

According to the status report of the National Payments Corporation of India, the gateway for payment under DBT, released in March this year, cash benefits have returned from the bank accounts of 10-15 per cent beneficiaries even though the accounts were integrated with Aadhaar.

Lack of expertise or vested interest?

Till date, the UPA government has brought 25 Centrally funded schemes under DBT. But in Jharkhand, most schemes under DBT are state government sponsored. The Hazaribagh district administration claims to have brought 14 Central schemes under DBT, but 80 per cent of the beneficiaries are those enrolled for the state-sponsored scholarship and pension schemes. The Seraikella-Kharsawan district administration is yet to bring any Central scheme under the programme.

Khauri Pradhan Devi of Dugdha gram panchayat in Seraikella-Kharsawan is one of the 10 people who are receiving benefits through DBT. Another 440 are waitingKhauri Pradhan Devi of Dugdha gram panchayat in Seraikella-Kharsawan is one of the 10 people who are receiving benefits through DBT. Another 440 are waitingAnalysts say such biased implementation could be politically motivated. The district is the Assembly constituency of Chief Minister Arjun Munda who belongs to the Bharatiya Janata Party in the opposition at the Centre.

The district authorities fail to give a clear answer for the tardy implementation of DBT. Sangram Besra, deputy development commissioner of Seraikella-Kharsawan, blames it on poor Aadhaar coverage. “Kuchai and Rajnagar blocks of the district that have seen Maoist violence in the past have not been even visited by UID teams. This is when there are 357 UID enrolment centres across the state,” says Besra. “I have no qualms in revealing that the 16,162 people enrolled for UID in the district, belong to urban and semi urban areas, not rural areas.” Until Aadhaar cards are made, Besra plans to use the database of workers under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) to disburse benefits.

Recently at a press conference in Ranchi, Nandan Nilekani, chairperson of the UID Authority of India, claimed that 20 million of a total 32.4 million people in the state have been enrolled for Aadhaar card. He also said every day about 69,000 people in Jharkhand are enrolling in Aadhaar. This means, within a year every resident of Jharkhand will have an Aadhaar card. But Nilekani evaded one crucial number, which is how many Aadhaar cards have been delivered to people and especially to those living in the hinterlands.

In Seraikella-Kharsawan’s Dugdha gram panchayat all the 450 tribals have enrolled in Aadhaar. Only 10 of them have received the card and are receiving old age pension through DBT. The rest are waiting for the card. And they are not the only ones. People in Maharashtra are also facing this problem.

Counted, discounted

MAHARASHTRA*Only Post-Matric scholarship beneficiaries from Scheduled Castes and Other Backward ClassesOn record, Wardha, Maharashtra’s pilot district for DBT, has the highest percentage of Aadhaar registrations for any district in the country. According to the Unique Identification Authority of India, 1.08 million Aadhaar cards (84.6 per cent) have been generated against a population of 1.3 million. Some 360,000 beneficiaries have linked their bank accounts with Aadhaar and the district administration has disbursed Rs 2.07 crore to these accounts.

The district administration now showcases an award it received in January from management consulting firm Skoch Development Foundation for successful transfer of funds under Janani Suraksha Yojana to mothers’ bank accounts through DBT (see ‘Suraksha compromised’). But the situation is not as hunky-dory as it appears.

Despite high number of enrolments and generation of Aadhaar IDs, cards are yet to reach many in the district. Worse, the administration has no clue about the number of missing cards and the reason they are missing.

Consider Seloo tehsil. With 88 per cent cards generated, the tehsil tops in Aadhaar coverage in the district. But in Seloo’s Yelakeli gram panchayat, nearly 50 per cent of the population of 6,000 do not have Aadhaar cards. “Only 15 per cent of them had failed to enrol in Aadhaar. The rest are waiting for the cards despite enrolment for some six months now,” says sarpanch Bandu Gawhale. “In April we sent a plea to the district collector to organise an Aadhaar camp in Yelakeli, but we are yet to hear from him,” Gawhale says.

The situation is baffling in neighbouring Paonar village where people have not received Aadhaar cards even after two years. The large number of missing Aadhaar cards means equal deprivation of entitlements covered under DBT. Since January, nine Central schemes, including Janani Suraksha Yojana, education scholarships and pension for the old and widows, are under the DBT regime in Wardha.

A poster in Wardha giving information on the linkage of cooking gas subsidy with Aadhaar from June 1A poster in Wardha giving information on the linkage of cooking gas subsidy with Aadhaar from June 1 (Photo: Aparna Pallavi)

In Yelakeli, 70-year-old Kaushalyabai Shete has stopped receiving old age pension since January after she failed to produce her Aadhaar card. In nearby Babhulgaon village, 17-year-old Sonali Hajare informs that six students, including her, did not receive scholarship for want of the card.

A sense of panic grips people as the district has begun disbursing important subsidies like those for cooking gas through DBT from June 1. Plans to disburse MGNREGA wages and fertiliser subsidy through Aadhaar-enabled bank accounts are also in the pipeline. These schemes target a larger mass of people. As the kharif season approaches, the greatest anxiety is regarding fertiliser subsidies.

“I could not enrol when the Aadhaar camp was organised in my village. I was visiting my relatives,” says 68-year-old Moreshwar Lonkar from Yelakeli. “Now the camp is over. The sowing season is very close and we will have to pay double the price for fertiliser, which we can ill afford,” says he.

District collector N Nawin Sona admits that the Aadhaar enrolment drive did not turn out as it should have been. The district started with 35 UID machines and is now left with only 17. “With most of the works done here, the machines have been moved to other districts,” says Sona.

Social activists and panchayat members give a different reason for the poor Aadhaar coverage. They say camps were held without proper awareness among people about the programme and without any coordination with panchayats. “The UID team shut camps and left when they pleased, regardless of whether all people in the village had been enrolled or not,” says Aruna Bahadure, panchayat member of Yelakeli.

Card or no card, one thing that worries everyone is whether the subsidies that are proposed to be DBT-linked will really be credited to the bank account, and in time. “Once the linkage is made, the price of fertilisers will double,” says Pilaram Champatrao Raut, a farmer from Ghorad village, one of the showcase villages of the district administration for DBT implementation. If subsidy reaches late, farmers will be in deep trouble, says farmer Ambadas Chambhare. “It will not make fertilisers any cheaper. What is wrong with the subsidy system?” he asks.

Input dealers are equally apprehensive. “Once the subsidised supply stops we will have to make a higher investment to procure stocks,” says Pankaj Kamdi, a dealer from Seloo. “We will not be able to give farmers the informal loan because of high risks. It will impact farmer’s economy as well as our business,” he adds.

Sona says his administration is

making all efforts to ensure that subsidies are credited to the beneficiary’s account within 24 hours. However, at this moment, assurances are cold comfort. The poor of Wardha have their fingers crossed.

“How can a government, which is not able to transfer welfare benefits even after months, credit subsidies within 24 hours?” asks Pushpa Behade of Ghorad. Behade, a farm hand, has not received widow pension since January, although she has an Aadhaar card and a bank account. It appears Behade’s Aadhaar number has not been integrated with her bank account. This lack of knowledge has left thousands of beneficiaries like Behade bereft of their dues, particularly in Rajasthan.

Suraksha compromised

imageNo bank account meant no benefit for Deepali Thakre (Photo: Aparna Pallavi)The Wardha district administration has been much lauded for its prompt implementation of Janani Suraksha Yojana through DBT. It was one of the first schemes to be brought under DBT in Wardha. The administration held camps to enrol pregnant women all over the district and roped in anganwadi workers and auxiliary nurse midwives to open their bank accounts. Anupam Hivlekar, medical officer of Wardha Civil Hospital, says there were initial hitches in transferring the benefits due to lack of Aadhaar cards. But that has been sorted out. “We now have the district collector’s instruction to pay all beneficiaries regardless of Aadhaar. Women who do not have bank accounts are being paid through account payee cheques,” says Hivlekar.

But everyone appears to have missed out the fact that a disturbingly large number of women do not have bank accounts, a must for encashing account payee cheques. The civil hospital’s own figures show 1,718 of the 1,873 beneficiaries were paid through account payee cheques till May 23. The cheques have a validity of three months. Bearer cheque option has been stopped since DBT was introduced.

Even the cash-on-bedside through micro-ATM option works only for account holders. The civil hospital’s report mentions that beneficiaries paid through cheques could not cash them in the absence of bank accounts, but provides no numbers. There is no explanation why such a situation has arisen. When Down To Earth shared the report with district collector N Nawin Sona and Mohan Mahshankar, general manager of Bank of India, lead bank for DBT in Wardha, they expressed bewilderment. Sona said there may have been laxity in implementation, and that he would ask hospitals to refer all cases where cheques have been issued to the bank for action.

Cycle of despair

RAJASTHANUdaipur, Ajmer and Alwar of Rajasthan are among the first 20 districts in the country to roll out DBT in January. Five months on, many beneficiaries say they prefer the earlier system of payment through cash or bearer cheques. Their aversion is not unreasonable. Barely 23 per cent of the beneficiaries in these districts have received government benefits in their accounts since DBT was introduced. Of the rest, most have been left out of DBT as their accounts are not seeded with Aadhaar. As of April, 24,000 of the 33,000 beneficiaries in Udaipur were not receiving benefits due to this reason.

Those who have Aadhaar-enabled bank accounts also face problems, mostly due to technical glitches at the bank. M P Dungarwal, manager of the Malwa Ka Choura branch of Punjab National Bank, that has been assigned to facilitate DBT, told Down To Earth that increasing workload without a robust technical backup is hindering the roll-out. Before DBT, the bank had 4,500 accounts. Now there are 15,000. All these accounts must be seeded with Aadhaar and linked to the electronic payment system. But the branch suffers from poor internet connectivity that cripples the programme, says Dungarwal. Incomplete information on the Aadhaar card is another problem. Many names do not have surnames. It is difficult to process such incomplete identity information from banking point of view, he adds.

People’s woes do not end here. The account opened for DBT does not accept cheques that the beneficiary receives under government schemes yet to be brought under the DBT regime.

Dharamchand Grecia, a banking correspondent of Punjab National Bank for Kyari panchayat in Udaipur, says he has helped people open some 200 DBT accounts. “But they have limited features and people end up opening another bank account by shelling out Rs 1,000 to encash government cheques.”

In February, Naveli Bai of Piparmal village in Udaipur received a cheque of Rs 1,400 under Janani Suraksha Yojana, which offers incentive for institutional delivery. “The cheque will lapse next month if I fail to open another account by then,” she says. Naveli already has an Aadhaar-enabled bank account.

Maternity benefit programmes are losing appeal since DBT was rolled out in Rajasthan. Consider Indira Gandhi Matritva Sahyog Yojana. The scheme promises Rs 4,000 to a pregnant woman after she attains a certain nutrition status and receives vaccinations before and after delivery. Documents available at the Integrated Child Development Scheme (ICDS) office of Jhadol block in Udaipur show only 10 of the 35 pregnant women registered under the scheme have availed the incentive since January 2013. Maya Parmar, supervisor of Mahila Bal Vikas Kendra under Jhadol ICDS, says, “We have been asked to provide benefits to only those who have Aadhaar cards. But very few have the card.” Most do not have the required documents like voter identity cards and other residential proofs to get themselves enrolled in Aadhaar. It is difficult for expecting mothers to stand in the long queue for enrolment, she adds.

Middlemen continue to rule the roost

imageBhagwan Choudhury from Kotasim block buys diesel for lighting his house after government stopped providing kerosene through PDS as an experiment to disburse subsidies through DBT (Photo: Jitendra)Kotasim block in Alwar district hosts India’s first experiment to directly transfer cash subsidy instead of distributing kerosene through the public distribution system (PDS). This is supposed to be an experiment that will craft the government’s future plan to disburse subsidies through direct benefit transfer (DBT).

Started in December 2011, the experiment suffers from the same glitches that DBT faces in other areas. Ram Avtaar Yadav, a 60-year-old, partially blind resident of Kanherka village, has a regular question to any stranger he thinks is a government official: “Why have I not received kerosene subsidy in my account?” For the past seven months Yadav has been buying kerosene from open market as the government has stopped supplying it through PDS. Since the cost of kerosene is more than that of diesel, many people like Yadav have started using diesel for lighting their houses.

Says Mukesh Sharma, manager of Rajasthan Rural Bank, “Earlier, PDS dealers acted as middlemen. They kept ration cards of beneficiaries with them and filled them as per their wish. The system exists even now, though in a different way.” Sharma, whose bank is facilitating DBT in Kotasim, elaborates: instead of ration card, beneficiaries submit a bank account number at the fair price shop while buying kerosene. The shop owner must share the account number with the bank along with the bill so that the beneficiary receives the subsidy in his account. But shop owners often write their account numbers or that of their kins on the bill. Sharma suggests that the government should rope in gram sevaks (village development officer) and patwaris (village accountants) to check this practice.

Metro malaise

Aadhaar card a dream in Mumbai

imageApplicant Yash Rathod may have to wait for months for Aadhaar cardThe urban poor is worse off than his rural counterpart when it comes to getting benefits through DBT. Mumbai’s poor have redefined DBT to Delayed Benefits Transfer, and twisted UPA’s slogan aapka paisa, aapke haath (your money in your hands) into aapka paisa, Aadhaar bharose (your money depends on Aadhaar). They have a reason. Most of them have stopped benefitting from government schemes since the launch of DBT. Mumbai City and Mumbai Suburban fare the lowest when it comes to distributing Aadhaar cards to the target sections. The worst affected are students belonging to Scheduled Castes (SCs), Scheduled Tribes and other backward sections who receive scholarships. It provides for the course fees and a nominal grant for students’ expenses.

Pratik Jadhav, a student of South Mumbai’s Siddharth College, says he did not receive the Post-Matric scholarship for SCs this year as he does not have an Aadhaar card. “My father had to take loans for paying the fee,” he says. At Shindewadi municipal school, Kiran Rathod was taken aback when the school authorities told her that her children would not receive Pre-Matric scholarship this year. The scheme supports education of children whose parents are engaged in occupations such as manual scavenging and tanning. When asked why the children were deprived of the benefits, an official from the Social Justice and Special Assistance Department says, inadequate Central grants for scholarship schemes is always a problem. Unavailability of Aadhaar cards is making it worse. Since the introduction of DBT, only 2,471 of the 10,920 SC students and 1,459 of the 8,796 Other Backward Class students have received the annual scholarship. Of the 8,405 beneficiaries from manual scavenging and tanning professions, the administration could reach only 689. Though the Rathods have applied for Aadhaar cards, officials say it would take them four to five months to issue the cards.

What is complicating the scenario is the state’s changing decision. “Soon after launching DBT, the government made Aadhaar card mandatory for all schemes. However, when questions were raised in the Assembly about the inconvenience to people, the government relaxed it in last week of March. Now it has again made it mandatory.

Only tall claims

delhiThe Delhi government claims 95 per cent success in providing an Aadhaar number to citizens. But its achievement does not seem to be trickling down to the poor of the national capital.

According to Dharampal, divisional commissioner of Delhi and nodal officer of DBT for the state, Delhi has brought nine Central schemes under DBT. Though 22,000 beneficiaries have Aadhaar cards and their UID numbers seeded with bank accounts, only 9,000 are receiving benefits. Dharampal says the state-sponsored Annshree Yojana is doing well in comparison to the Central schemes under DBT. All the 45,000 identified beneficiaries of Annshree Yojana are receiving benefits. Their number would increase to 100,000 in next couple of months, he claims. Ground realities paint a different picture.

All 50 Bengali Muslim families living in Shahbad Dairy slum in North Delhi earn their bread by ragpicking on the streets. They are eligible for Annshree, under which a BPL family without a ration card receives Rs 600 a month for food. Almost all of them have enrolled themselves in Aadhaar and have seeded their UID number with their bank accounts.

imageMurshid Bibi is a chance beneficiary of Annshree in Shahbad Dairy slum (Photo: Jitendra)Yet they are running from pillar to post to avail the benefits. So far, only seven families have received the benefits. One of them is Murshid Bibi’s family.

In April, Bibi’s account was credited with Rs 7,199. But her relatives Hadisa Bibi and Tojila Bibi are yet to receive the benefit. In January, they had spent Rs 1,000 each for opening new accounts after bank officials told them that their old accounts cannot be integrated with Aadhaar. But their hopes have turned into frustration.

Gas gamble

ANDHRA PRADESH*Only scholarship and pension beneficiariesAndhra Pradesh is arguably the only state that was prepared to roll out DBT. It ran a two-year campaign to enroll people under Aadhaar and also experimented with models to implement DBT. In the first phase, the state selected five districts where it had already implemented a state-initiated cash transfer programme for scholarship and pension schemes. According to M V S Rami Reddy, deputy director general of UIDAI, Andhra Pradesh, about 75 million of the 85 million population in the state have been enrolled in the programme as of May 15. More than 58 million cards have been generated. The five first-phase districts have a population of 27.5 million, of which 90 per cent have been enrolled in Aadhaar. Reddy says the postal department is now grappling with the problem of delivering the huge volume of cards.

The state launched Aadhaar-linked scholarship in Hyderabad, Chittoor and East Godavari on May 1 on a pilot basis. And it was a cake walk. The state was already making scholarship payments through bank accounts and had streamlined the process. “We do not see a distinct value-addition in Aadhaar linkage in terms of disbursement, because we had cleaned the data system and almost eliminated duplicates and bogus holders,” says P V Ramesh, principal secretary, finance, and nodal officer for implementing DBT. However, Ramesh says, Aadhaar is certainly one more check. Every year the state government disburses Rs 5,000 crore as scholarship to 2.7 million students. Even before DBT was launched, 80-85 per cent of scholarship holders had seeded their Aadhaar numbers with bank accounts. In East Godavari, the seeding percentage is 90 per cent, says Ramesh.

Yerra Ravi of Rangareddy says he first needs cash to buy gas cylinderYerra Ravi of Rangareddy says he first needs cash to buy gas cylinder (Photo: M Suchitra)Housalla Bhujappa, a security guard in Malkapur village in Rangareddy district, whose two daughters receive scholarships, says there will not be much difference if scholarship is linked to Aadhaar since it is already being disbursed through banks. Pension is the other programme that was brought under DBT on May 1. It was rightly launched in Chittoor district as a pilot project. In Chittoor, post-office linked disbursement of pension through women’s self-help groups (SHGs) was already in place. SHG members are given hand-held devices linked with the bank or post office accounts. The pensioners go to the SHGs and give their thumb impression and get the money. After introduction of DBT all they had to do was link their Aadhaar numbers with the bank accounts.

The state’s real test began on June 1 when it brought subsidies for cooking gas under DBT. It has to cater to 4.6 million cooking gas consumers in the five DBT districts. Though 80 per cent of them are enrolled in Aadhaar, the challenge lies in linking their Aadhaar numbers with bank accounts as well as with the database of gas agencies. As of May, 55 per cent of the consumers had got their Aadhaar numbers seeded with gas companies but only 25 per cent with their bank accounts. Sensing a big trouble the government has extended the the deadline till August.

People are rushing to get their Aadhaar numbers integrated with gas agencies and bank accounts. But they are apprehensive about the new scheme, under which one has to buy cooking gas at unsubsidised rate and the Rs 435 subsidy will be credited to their accounts later. “No one knows how many days the government will take to credit the subsidy in our accounts,” says N D N Kishore, a stationery shop owner in Hyderabad. M Sathyanarayana, an internet cafe owner in the city, prefers the earlier system of getting subsidised cylinders. Both Kishore and Sathyanarayana point out that there is a possibility of the subsidy being capped and prices of cooking gas going up.

Neither ready nor steady

Challenges ahead are immense

image(Photo: Soumik Mukherjee)UPA’s political leadership has focused all its attention on DBT. The ruling alliance is only a few months away from the general election and its two other big-ticket initiatives—the Right to Food Bill and the Land Acquisition Bill—are uncertain. But the first phase of DBT is unfolding more like a nightmare than a sweet political dream. At the core of the mess are poor banking coverage and lack of foolproof planning before launching the ambitious programme.

DBT aims at reducing the administrative cost of delivering benefits and weeding out siphoning off of benefits (see ‘Kind to cash’, Down To Earth, February 1-15, 2011). It does so by pairing the unique identity number in the Aadhaar card with the bank account of a person. This enables the government to identify the right beneficiary and to send monetised benefits directly to his or her account. The International Monetary Fund has estimated the impact DBT can have in India, and according to it, the combination of cash transfer and the Aadhaar system of identification will reduce wrongful diversion of benefits in welfare programmes by 15 per cent. This can save the government Rs 56,859 crore in 2013-14 which is more than half the rural development budget.

Using the Planning Commission’s data on DBT, Down To Earth (DTE) calculated the current status of the programme’s actual reach in the 43 districts covered in the first phase. The findings are a harsh verdict on its progress. In the past four months, of the estimated 1.6 million beneficiaries of some 25 schemes, only 4 per cent have been able to get benefits in their accounts (see ‘Not so direct’ ). The benefits include mostly old age pension and cash incentives for institutional delivery. In fact, in the five states DTE travelled to not all schemes have been implemented under DBT. This is despite the fact that states like Jharkhand, Rajasthan and Andhra Pradesh have almost two years of experience in direct benefit transfer.

imageIllustration: Anirban Bora

There are three key reasons for this dismal performance which are also fundamental to a cash transfer programme. They are: low coverage of formal banking system; Aadhaar enrollment not keeping pace with the rolling out of the programme; and significantly low level of pairing of beneficiaries’ accounts with their Aadhaar numbers.

Currently, there is one bank branch for every 12,100 people, making India one of the least covered countries. DBT increases the demand for coverage by several times. The government either has to set up new branches or increase the existing branches’ capacity. Going by the state of banking in rural areas, one rural branch has the capacity to open up not more than 15 accounts in a day. But DBT experience in various states shows that a branch has to manage 70-90 accounts a day. In October 2011, the government made it compulsory for banks to open branches in all habitations with a population of 5,000 or more. There were 3,925 such habitations to be covered. By April 2013, nearly 15 per cent habitations were yet to have a bank. Then, there are not enough ATMs for people to access their money easily. According to RBI’S estimate, the country needs at least 34,668 on-site ATMs but only 1,097 ATMs could be opened till April. This has affected DBT’s outreach because absence of ATMs means the already overburdened banks have to handle the withdrawal transactions as well.

Opening an account under DBT is a little different. For this people require enrolment with Aadhaar. This presents the next obstacle. Only half of the beneficiaries have enrolled with Aadhaar till date and one-third have opened the account. Importantly, there is hardly any visible effort to pair the accounts with the Aadhaar numbers, thus, leaving out 96 per cent of the beneficiaries.

The recently launched cooking gas subsidy transfer also faces this problem, with added intensity. An LPG consumer has to pair his Aadhaar number with not only the bank account but also the service provider. Soon after bringing LPG under DBT, the government celebrated a million transactions by June end. But there are widespread complaints also. Only 20 per cent of the consumers had paired their numbers with accounts, while about 58 per cent paired with service providers. This is despite the fact that the 20 districts where LPG was brought under DBT have more than 90 per cent Aadhaar coverage. Sujata Chaturvedi, deputy director general of the Unique Identification Authority of India (UIDAI), says, “Some states started late, so they lagged. We want to keep pace but problems like lack of machines, staff and awareness among people came to the fore.” She warns, “The process of seeding of account would be another uphill task.”

On April 29, the Planning Commission convened a meeting to take stock of DBT’s progress. Collectors of all the 121 districts to be covered under the programme from July 1 and other key players attended the meeting. Sources inform that to the shock of Finance Minister P Chidambaram, the banks and district officials blamed each other for the shortcomings, reflecting a sorry state of affairs. Notable was the absence of any representative from the DBT gateway, National Payment Corporation of India (NPCI), which came under severe criticism at the meeting.

It seems nobody wants to take responsibility (see ‘Initial hiccups…’). The Union Ministry of Rural Development (MoRD) blames the banks for not expanding their reach. The ministry is implementing a pilot programme of direct cash transfer of wages under the rural employment guarantee programme in five states. It is using the national electronic fund transfer system, the usual money transfer one does electronically using individual account. Since its launch in October 2012 it has transferred Rs 389 crore till the end of May this year. “The value addition under DBT will be when the money is paid at the doorstep. It is only possible if banks recruit business correspondents in every panchayat with micro-ATM,” suggests Rajesh Bhushan, joint secretary of MoRD. But banks informally blame the Aadhaar system and the high administrative cost of the programme that is not adequately compensated. DTE reached out to many banks but none of them agreed to speak on the subject.

Banks also refuse to take responsibility for the identity generated under the Aadhaar number. All banks are supposed to keep a record of their customers’ identity under RBI’s “know your customer” rules. UIDAI has refused to take the responsibility, saying its job is only to create the identification number.

The troubles do not end there. “Many accounts seeded with Aadhaar numbers still do not get direct payment,” points out Vaibhav Galeria, district collector of Ajmer. “There is lack of coordination among different agencies, largely between banks and NPCI.” A P Hota, managing director and CEO of NPCI, blames banks for the glitches. Responding to DTE queries, Hota denies any technical problem at the gateway. “For felicitating DBT, NPCI maintains the Aadhaar Mapper (software that keeps all the subscribers’ data). This Mapper is updated remotely by banks by logging into the NPCI system. If banks do not update the Mapper, the transactions are likely to be returned unprocessed. Therefore, it is necessary that banks update the Mapper on a day-to-day basis.”

The problems are set to multiply as the government rolls out the second phase of DBT with 78 more districts from July 1. In June, it launched transfer of subsidy for cooking gas. In October, the rural employment guarantee programme will be brought under DBT. From 1.6 million beneficiaries at present the programme will cover close to 25 million beneficiaries by July. With coverage of MGNREGA, the number of beneficiaries will jump to 34 million. That the government is nervous is visible. Since April, there have been hectic attempts to salvage the situation, with the Prime Minister’s Office taking direct charge of DBT monitoring.

However, there are pertinent lessons for the government to make the future transfers smooth. The experiences of transferring pension in Andhra Pradesh and transferring wage under the rural employment programme in Rajasthan are instructive. In both the cases, the government embarked on a preparatory stage. This resulted in innovation. In Andhra Pradesh, the pension receivers go to the local self-help group and give thumb impression to a hand-held device for verification to get pension right there. This device is linked to the person’s account in post office or the local bank. In Jharkhand, government simply used the electronic transfer system to give wages. There are merits in these experiments in terms of simplifying the system. But these experiments may not be leakage-proof. Teething problems like delay in benefit transfer and absence of value addition in DBT also need to be addressed innovatively.

But the question that still needs to be asked and answered is whether the country is prepared for this roll-out? If not, will this election initiative backfire on the ruling UPA? Clearly, god is in the details, and the details are missing.

DBT: Initial hiccups or a mistake in haste?

Rajesh BhushanDifferent schemes Have different challenges

Rajesh Bhushan,
Joint Secretary,
Ministry of Rural Development

Till date, the 25 schemes rolled out under DBT are Centrally funded. So it has been easy to send money directly to the beneficiaries’ accounts. But implementing those pension schemes that have state budgets as well is going to be tough. The finance ministry is the key body for such schemes, but it is unable to send money directly to the beneficiary’s account because of varying structures of schemes across states. I believe the scheme will be effective if payment is made at the doorstep. And this can be made possible by recruiting millions of business correspondents of banks in every panchayat with Micro-ATM

Sujata ChaturvediAadhaar Should Have Been Implemented Years Ago

Sujata Chaturvedi,
Deputy Director General,
UIDAI

The idea of providing unique identity number should have been implemented 25 years ago. We have registered nearly 300 million people under Aadhaar. It is the duty of the state government to organise camps to enrol its people. Sometimes seasonal problems like floods and festivals slow the enrolment process. I agree that the process of seeding of Aadhaar numbers with bank accounts would be another uphill task

A P HotaBlame Banks For The Glitches And Non-Cooperation

A P Hota,
Managing Director,
National Payment Corporation of India (gateway for payment under DBT)

There is no technical problem at the National Payment Corporation of India (NPCI). For facilitating DBT, NPCI maintains the Aadhaar Mapper. Banks update this Mapper remotely by logging into the NPCI system. If the banks do not do so, the transactions are likely to be returned unprocessed. Therefore, it is necessary that banks update the Mapper on a day-to-day basis

Nidhi KhareSeeding Of Accounts Taking Time

Nidhi Khare,
Advisor (DBT),
Planning Commission of India

There is a delay in enrolments under Aadhaar and seeding of accounts. It is a time-consuming exercise. But the fact is there is a growing acceptance of cash incentives offered through DBT

Nikhil DeyDon’t replace goods and Services with cash

Nikhil Dey,
Activist,
Mazdoor Kisan Shakti Sangathan

We are not against the idea of Aadhaar-related cash transfer. Our main concern is replacement of goods and services with cash. Government’s own data shows that DBT has failed to benefit the poor. Pension scheme is good option for cash transfer. Janani Surksha Yojana is successful without technology

Montek Singh AhluwaliaThings Will Be Good

Montek Singh Ahluwalia
Deputy Chairperson,
Planning Commission of India

I agree that there is lack of coordination among different agencies. Even the prime minister is working on it. The glitches and delays are all transitional issues. It will definitely be sorted out in the coming months

Jitendra reported from Rajasthan and Delhi; Aparna Pallavi and Akshay Deshmane from Maharashtra; Alok Gupta from Jharkhand and M Suchitra from Andhra Pradesh

 

#India – Plea in Kerala HC against #Aadhaar enrolment #UID


 

By Express News Service – KOCHI 19th June 2013 1

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A petition has been filed before the High Court challenging the decision of the government to insist upon the public for Aadhaar registration as a prerequisite to avail of the benefits of government schemes.

 

 

The petition was filed by Asees Kakkadan, general secretary of the Kozhikode Jilla Pouravakasha Samrakshana Samithi. According to the petitioner, the National Identification Authority of India Bill-2010 was rejected by the Parliamentary Standing Committee in December 2011. But even then the Centre is going ahead with the project only to aid the private agency involved in the enrolment procedure, the petitioner alleged.The petitioner submitted that the government insists on Aadhaar registration for availing of benefits of schemes like LPG subsidy, welfare pension and education benefits.

 

 

“A citizen cannot be denied the benefits of government projects only for not registering under an authority. And the Aadhaar lacks legislative sanction. At present, various identity cards are being issued like election identity card, ration card, driving licence, pan card etc., which clearly establish the identity of a person. Hence insisting on Aadhaar number is illegal,” the plea said.

 

 

Nandan Nilekani’s #Aadhaar faces fight from a team of Europay, Mastercard & Visa #UID


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By Sugata Ghosh, ET Bureau | 17 Jun, 2013,
Nandan Nilekani‘s Aadhaar project faces fight from a team of Europay, Mastercard & Visa
MUMBAI: This could be a sign of what the future holds for Aadhaar. Amid an alarming rise in credit card frauds, data thefts and card cloning, a group of bankers will decide in a month the appropriate payment technology for the Indian banking system and retail consumers.
If the group votes for EMV – an internationally accepted technology standard for authenticating credit card, debit card and ATM transactions – Aadhaar, which is comparatively untested and follows a different technology, may face an uncertain future. EVM is a joint initiative between Europay, Mastercard and Visa – the world’s leading payments service providers.
Credit and debit cards that are based on EMV have the card and CVC numbers, which are the key to any electronic transaction, hidden or encrypted. Since encrypted data reduces the risk of cloning or skimming at ATMs and merchant outlets, some of the private banks have started upgrading their systems to EMV standards following recent card frauds.
But, if the group, constituted by the Reserve Bank of India, prefers Aadhaar, banks will have to change their systems, procure biometric machines and prepare for different security standards. Bankers, however, are reluctant to spell out their stand openly because the government thinks Aadhaar can be a game changer in disbursing subsidies to people in far-flung regions.
Besides, banks, particularly the state-owned lenders, are unwilling to take on Nandan Nilekani, the former InfosysBSE 1.05 % CEO who heads the Unique Identification Authority of India (UIDAI), the state-owned agency that issues the 12-digit Aadhaar numbers.
“Mr Nilekani is pursuing Aadhaar with RBI. He has a standing and has political backing,” said a person familiar with the discussions.
Transition Could Take Some Time
“So, while many banks are in favour of EMV due to rising incidents of frauds, they are quiet, waiting for the committee to submit its report, which is expected by early July,” said the person. If the committee recommends Aadhaar for banks, it will be a victory for UIDAI. Banks will then have to use Aadhaar for not only customer authentication, but also for payments. But even if banks are mandated to implement Aadhaar, the transition could take time and a slice of the market will move back to cash. So, it will be some years before Visa and Mastercard feel the threat.
Indian banks’ payments technology for retail customers is currently at crossroads. ATM transactions are processed through the state-backed National Payments Corporation, which is being positioned as an umbrella organisation for processing all retail payments, while credit and debit card transactions are processed by multinationals like Visa and MasterCard. National Payments Corp, headed by Nilekani’s former boss NR Narayana Murthy, is unable to support EMV at present for its network and will have to change its standards if EMV is implemented by banks.
“What’s drawing banks towards EMV — and many Asian banks have already migrated to it — is the vulnerability of the magnetic stripe technology that’s used for credit and debit card transactions today. Micro devices can be planted in ATMs machines to copy the magnetic stripe and scan the PIN to clone cards. This is not possible in EMV where the data is encrypted,” said a banker.
Highlighting the monopolies in the industry being created, the Financial Sector Legislative Reforms Commission (FSLRC) has recommended the Competition Commission to look into the subject. Meanwhile, the RBI governor has set up a committee to come out with a discussion paper on Aadhaar as an additional factor of authentication for card transactions. While Aadhaar can be used for authentication and KYC purposes, the regulator would like a final answer on whether it can be used for payments.

 

 

 

 

#India – Identity crisis slows Aadhaar rollout #UID #biometrics


 

Ajanta Chakraborty, TNN | Jun 15, 2013, 03.55 AM IST

 

 

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Many residents, after waiting in long queues for biometric identification, have ended up with mistaken identities as their National Resident Identity Card (NRIC) – loosely called the ” Aadhaar” card – display the wrong data.

 

 

Blame it on the new software (Aadhaar version 2.2.1.0) which, while enrolling a resident into the system, would wrongly provide the name of his home district. Documents available with TOI reveal that several residents of Cossipore, Baghbazar, Shyambazar, Hatkhola, Beadon Street, Dum Dum, Ghugudanga, Alambazar, Baranagar, Belgachia, Motijheel, Bediapara and Noapara have been enrolled as living in Bankura. Strangely enough, the identification data displays Kolkata as a sub-district.

 

 

Residents of Bansdroni, who were enrolled as living in the sub-district of Budge Budge-1 and the district of South 24-Parganas, were one of the lucky few to have had the mistake rectified. Others have been given wrong pin-codes, even though most of the other relevant data is correct.

 

 

The mismatch of data has made collating impossible. Consequently, NPR programmes are being stalled in several areas. A ruckus erupted recently at Nurpur at Diamond Harbour, South 24-Parganas, when residents realized that the master data contained wrong inputs, sources said.

 

 

They said pin codes weren’t available at the Srifalberia mouja in the same district, and the enrolment camps had to be folded up. Trouble erupted in areas like Tollygunge and Diamond Harbour because even after verification, the errors could not be corrected as the new software has no provision for rectification. Once the enrolment is done, the census directorate, with help from local civic bodies, uplink the data and the unique identification number is generated and sent to individuals by post in the form of the Resident Identity Card (RIC).

 

 

Progress of biometric enrolment has been tardy in Bengal, which has long kicked off the process of collecting biometric imprints to create the NPR, with only about 22 per cent of the population of the 9.1 crore being covered. The pilot project for Howrah is over, but work in North Dinajpur, Bankura and Purulia is yet to commence.

 

 

Officials in the state census directorate, which is implementing NPR, revealed that the implementation of the “Aadhaar” card is likely to suffer a bigger jolt because of the flawed software. “Since an individual will be provided with his 12-digit unique identification only once in his lifetime, the mistakes should be corrected either in the second round of biometric identification or done centrally through the census directorate which functions directly under the aegis of the Register General of India (RGI),” a census directorate official said.

 

 

N S Nigam, district magistrate, South 24-Parganas, admitted to “some problems” in a few blocks. “The pin codes are different and the names of the district wrongly enrolled,” he said. Sanjay Bansal, DM of North 24-Parganas also said there were “issues related to pin codes”. State officials admit that the progress of NPR was “very slow” indeed.

 

 

P K Majumdar, acting director of census operations, said, “I am not authorized to speak to the media.” Calls to S K Chakraborty, deputy director general, Register General of India (RGI), went unanswered.

 

 

 

 

Credit Card issuers in a fix over Aadhaar #UID


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 , TNN | Jun 12, 2013, 06.48AM IST

 

MUMBAI: Credit card issuing banks are in a fix over Reserve Bank of India‘s move to consider Aadhaar as an additional factor for authentication of credit card transactions in shops. The reason – a huge investment in upgrading credit card swipe machines and prospects of losing customers in states whereAadhaarenrolment has been slow.

RBI had constituted a working group headed by Pulak Kumar Sinha, general manager, State Bank of India, to study the feasibility of Aadhaar as an additional factor for authentication of card-swiped transactions and the panel is set to submit its report by the month-end.

The scheduled release of the report will coincide with the deadline which RBI has set for card-issuing banks to migrate to EMV cards and PIN-based authentication for transactions by end-June. EMV cards are smart cards that have an embedded chip, while PIN authentications require card users to punch a secret code on the swipe machine every time they pay by card.

Given the uncertainty over whether Aadhaar-based authentication will come into place, banks have been reluctant to make large investments in upgrading their credit card swipe machines. Also, some bankers say that if Aadhaar-based authentication becomes mandatory, some cardholders may drop out since there is a huge section of the population which has not got an Aadhaar number. As a result, some card issuers may end up missing the June 30 deadline for moving toward an EMV- plus PIN-based authentication.While biometric authentication is secure, card issuers say they have issues with it. For one, since fingerprint images require much higher bandwidth, this will add to the communication costs. Secondly, bankers say that authentication typically requires matching of multiple fingers and this uses up bandwidth as well as time. The biggest hurdle is that this will require over seven lakh point of sales terminals and perhaps automated teller machines to be upgraded and would incur capital expenditure running into thousands of crores.

The introduction of compulsory EMV chip cards and PIN confirmation for transactions was proposed in the wake of widespread credit card frauds that took place earlier this year. RBI had told banks in a circular that they should migrate to EMV and chip cards. Bankers feel that there could be some pressure from the government to push Aadhaar as part of banking transactions, which would make it mandatory for cardholders.

Bankers say that although Aadhaar enrolments are picking up on account of it being made mandatory for LPG subsidy, the numbers are still low in large states like Tamil Nadu and Gujarat.

 

 

 

#India – There is a need to dismantle the UID Project, the NPR, the CMS, #Aadhaar


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India’s IT Min of State Milind Deora’s Thinks The CMS (India’s PRISM) Is “A Good Tool”

 

 

 

 

 

By  on Jun 11th, 2013  |  medianama.com

 

 
 

Milind Deora, India’s Minister of State for IT thinks that the Central Monitoring System (CMS), which is essentially India’s version of PRISM, “is a good tool” which will “ensure and protect your privacy”. On a Google Hangout last week with him, I asked Deora about the IT Act, the IT Rules, India’s Identity project (Aadhaar), and the CMS and other systems the Indian government is setting up for tracking SMS, GPRS usage, Phone Calls, Location, and what users are accessing and downloading. Please note that this was held a day before the disclosures around PRISM.

 

For those unable to view the video, Deora said that no law is perfect, there are issues with implementation, they’re open to suggestions, but above all, Deora said – bizarrely – that the CMS is being set up to safeguard our privacy from mobile operators,and protects the national security of the country. He said that with processes set up, the officer in charge will not have access to information, politicians will not get access. He did not respond to the question on India’s privacy law.

Apart from that, Deora said I’m misinformed. The context of my questions:

1. India’s IT Act, it’s Section 66a and IT Rules are draconian, the government has promised to amend them (read this), but kept deferring making any changes, despite the issue being taken up by a committee (read this) and Parliament (read thisthis and these notes on a live discussion), and a public interest litigation (read this). They’ve issued an advisory on Section 66a (read this), a clarification on the IT Rules which wasn’t enough (read this) but the law and the rules remain draconian, and susceptible to misuse. The IT Ministry has the power to change the rules, but hasn’t done it so far. In fact, like Deora in the Q&A, it has defended its rules (read this). We’ve repeatedly pointed towards the need for transparency and specificity (read this) as a solution. Despite Deora giving assurances about there being rigor in finalizing the IT Act, it was passed without debate, a knee-jerk reaction in an atmosphere of fear (read this).

One common refrain from this government (and Deora in this Q&A) has been that they’ve used wordings from international laws to draft Indian laws – that is true but misleading because it’s easy to choose selectively to remove safeguards; laws need to be looked at in their totality, not just sentence by sentence.

2. India is setting up a Central Monitoring system (read this) for tracking what we say or text over the phone, write, post or browse over the Internet, getting direct access from telecom operators and ISPs. Last year, we had reported on a home ministry tender for the same (read this). In 2011, we found a Tender Document from the Delhi Police which had details of setting up the CMS (read this)

3. The Mumbai Police has set up a social media monitoring cell, which, strangely, has been tracking torrents (read this).

5. Aadhaar, India’s not quite flawless (read this) unique identity project, created circumventing Parliament as per a Parliamentary committee (read this) will eventually link all your databases together, across government services, and what is worse, the data will be given to private companies – National Information Utilities, with 51% private ownership – read this.

6. All of this is being done before India has passed a Privacy law (read this), and even if a Privacy law does come into place, how safe do you feel, and how likely do you think the government executives, to not circumvent the law, or create loopholes that they can use?

My contention is that there is a legal and technological framework for surveillance that is being created and deployed right now without proper approval of Parliament, and without Parliamentarians in India paying adequate attention to it. Having technological infrastructure is not enough – they can and will be circumvented.

Having legal safeguards is not enough – even if laws are put into place, the government will create loopholes because they want this power (look at the IT Rules and Aadhaar). You can really rely on the government or the police to abuse the power that they give themselves (read this). What prevents the government in power from harassing individuals who challenge them (including those from opposition parties) on the basis of National Security? Where does National Security end and Government Security begin, and what do we do about a trigger-happy CERT-IN blocking dissent without any transparency?

You decide – am I misinformed, or is Milind Deora misinformed or misleading?

The Only Solution

The only solution is what the UK did with its Identity project (read this): dismantle these projects, no matter how much money has been spent on them, because the risks to civil liberties is too great. There is a need to dismantle the UID Project, the National Population Register, the Central Monitoring System, change the IT Act and IT Rules, and create a privacy law. It is also bizarre for Deora to suggest that information which the government has access to through mobile networks and ISPs will not also be available these service providers.

So, Milind, I do not agree that this monitoring should be, as you said, “the exclusive domain of the government”, because I don’t trust the law enforcement agencies, this government and the governments to follow.

We’d be happy to publish a response to this post, if you wish to clarify further.

*

 

 

 

#India- Who owns our identity? #UID #Aadhaar #Biometrics


Author: Latha Jishnu, Down to Earth
Posted on: 31 May, 2013

Between Nilekani’s UID and National Population Register’s KYR+is a huge mess and a looming nightmare

imageIllustration: Anirban Bora

 

Yattan Bibi, scrubber of floors and cleaner of dishes (other people’s), has spent the past six months visiting a number of government departments, bank offices and “camps” in different schools. All this to get her identity proven—again and again. It’s a bureaucratic obstacle race that’s tired her out but the hope of getting some kind of dole “for my old age when my limbs get weak” keeps this unlettered woman stubbornly on the paper chase. Most of the time she has no clue quite what is expected of her, much less why.

In recent weeks, armed with her tattered ration card and an old bank passbook which are her most prized assets, Yattan Bibi has piled up an impressive number of documents. Thanks to her ration card she has got an aadhaar number, which is software czar Nandan Nilekani’s “gift” of a unique identity to the millions he says have been left out of the system because they have no documents to prove who they are. The unique 12-digit number is not an open sesame however. It did not help Yattan Bibi open a special public sector bank account for pension of Rs 600 a month under the Delhi government’s Dilli Annshree Yojana. The bank says aadhaar is not a valid proof of residence. It has, instead, asked for a voter ID card or a permanent account number (PAN) card to prove her bonafides.

As different arms of the government work on parallel lines, unnecessary complexities are being created. Officially, aadhaar registration is voluntary but it is implicitly compulsory since there is the threat of denial of services. Enrolment with the National Population Register (NPR), on the other hand is mandatory, and C Chandramouli, Registrar General and Census Commissioner of India, who runs NPR has sent out a warning that the time for filling in the Know Your Resident Plus (KYR+) form is running out. The KYR+ will, eventually, result in the ultimate proof of identity, a citizenship card with the aadhaar number on it. Or so we are promised.

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Between the seemingly lax aadhaar of the Unique Identification Authority of India (UIDAI) and the stricter KYR+ of NPR, which comes under the Ministry of Home Affairs, is a messy universe of verification and authentication that is complicating the lives of the poor, with no guarantee of the much promised “social inclusion” at the end of it all. If anything, Down To Earth’s investigations have shown that the Unique Identification (UID) programme is as prone to being a tool of exclusion as it is of ensuring the benefits of welfare schemes (see ‘Unique identity crisis’, Down To Earth, May 1-15, 2012). Across the country, workers are being denied their wages because authentication machines fail to match their fingerprints with the UIDAI database. Forget the iris scans because we don’t have the money for such sophisticated machines. Above all is the overarching question of safety and likely misuse of data.

Recently, data of 300,000 applicants containing PAN and biometric information was lost while being uploaded from Mumbai to the UIDAI server in Bengaluru because a hard disk of the Maharashtra government’s IT department crashed. Shocking, said many commentators. But what of the many instances that have come to light of laptops with such data that have gone missing? In spite of the frequency of such data disasters, privacy concerns are being dismissed as elitist. Such questions, goes the official argument, ignore the ground realities of India where millions desperately need an identity of some kind to be part of the system. Yet, in March, the Bombay High Court directed UIDAI and the Union government to respond within three months to a public interest litigation questioning the lack of safeguards in aadhaar.

Now comes an even more troubling disclosure. Legal expert Usha Ramanathan who has been studying the policy and practices of Nilekani’s UIDAI over the past five years, warns that the authority will be a business entity governed by the Companies Act. It is not bound by a law that will recognise the fiduciary role of the state, she warns. In that role, government does not own data.

As Ramanathan explains it, the framework for ownership of data was set out by Nilekani in the Technology Advisory Group for Unique Projects which he chaired. This group suggested the setting up of National Information Utilities (NIUs) to manage government’s databases through the creation of NIUs which will then “own” the data as private companies with a public purpose. But essentially profit-making would be their goal. While the government would have “strategic control”, NIUs would be at least 51 per cent owned privately. In other words, the data would be privatised after the operations of NIUs are stabilised (with state funding and support, of course). Thereafter, the government would become a “paying customer” whereas NIUs would be “essentially set up as natural monopolies”. How do we deal with such a chilling scenario in a country that has no privacy laws or data protection regulations?