PRESS RELEASE-Delhi residents, unorganised & informal workers face biometric profiling by #Aadhaar #UID


200 px

200 px (Photo credit: Wikipedia)

 

Press Release

 

 

 

 

 

Aadhaar/UID is an assault on privacy and citizens rights, it should be boycotted  

 

 

 

Sheila Dikshit’s budget speech ignores Punjab & Haryana High Court order, ongoing case in Supreme Court & Parliamentary Committee recommendations
New Delhi: Sheila Dikshit, the Chief Minister of Govt. of NCT of Delhi in her budget speech continues to promote biometric profiling by Aadhaar/Unique Identification (UID) number ignoring Punjab & Haryana High Court order, the ongoing case in Supreme Court, Parliamentary Committee recommendations, concerns of the National Human Rights Commission and protests by citizens. Delhi Government’s decision to make ‘voluntary’ 12 digit number Aadhaar/UID number mandatory   is an act of bullying which must be challenged, resisted and boycotted.

 

Seventeen eminent citizens including Justice A.P. Shah, former Chief Justice of High Court of Delhi and Justice VR Krishna Iyer, former judge, Supreme Court of India have asked for the halting of the Aadhaar/UID project. The entire government machinery is hiding the fact that fundamentally UID is not a proof of identity, it is an identifier contained in the Central Identities Data Repository (CIDR) of (UID)/Aadhaar Numbers.

 

The Aadhaar is unfolding through an undemocratic process and is primarily aimed at Surveillance, Profiling, Tracking and Convergence. The eminent citizen’s statement read: “This is a project that could change the status of the people in this country, with effects on our security and constitutional rights, and a consideration of all aspects of the project should be undertaken with this in mind.”

 

In her speech, the Delhi Chief Minister said, “While like the rest of the country we launched Direct Benefit transfer, which has Aadhar linked bank accounts at its core, we have gone further by utilising it for Annshree and Kerosene-free city schemes.”

 

She added, “…we have succeeded in launching of new plan programmes of “Dilli Annshree Yojana”. 31,617 beneficiaries of this scheme have been covered till mid-March under this Direct Benefit Transfer Aadhar-linked bank account scheme. Cash @ `600 per month has already been transferred to these beneficiaries with effect from April, 2012. Since our technology platform was being rolled out as a pilot, we were not been able to enrol all the eligible in the time frame prescribed. Hence, my government has decided to extend the period up to July 31st 2013, so that all who are enrolled by then would get the benefit from April 2012.”

 

Referring to Dilli Swavalamban Yojana (DSY) for unorganised and informal sector in terms of numbers of workers and enterprises, a co-contributory pension scheme, in collaboration with the Swavalamban scheme of the Central Government, she said “We will make DSY Aadhar-linked and also ensure universal coverage.”

 

In two specific orders dated December 18, 2012 and December 20, 2012, Revenue Department of the Delhi government has made Aadhaar mandatory for all citizens who want to access government services like “SC/SC Certificate, OBC Certificate, Domicile Certificate, Income Certificate, Birth Order, Death Order, Surviving Member Certificate, Solvency Certificate, Nationality Certificate, Registration of Marriages under Hindu Marriage Act, Registration of Marriages under Special Marriage Act, Solemnization of Marriages, Registration of various documents in the Sub Registrar’s Office”.The orders are attached. It is noteworthy that the official website of UIDAI has clearly mentioned that, Aadhaar enrolment is voluntaryhttp://uidai.gov.in/what-is-aadhaar-number.html. The Aadhaar Enrollment Form which declares on the top of the form that it is voluntary is attached.

 

Opposition parties in Delhi appear complicit as they are not asking the glaring question: if Aadhaar is voluntary, why is government finding out ways and means to make it mandatory’?

 

Delhi citizens and opposition parties are being taken for ride. Congress-led Delhi government has asked the State Election Commission to have provisions for Aadhaar enrolments at the Voters’ Registration Centres (VRCs) across the city and all 70 VRCs across the city are to provide single-window service by enrolling people for Aadhaar from February 25, 2013. Opposition parties should pay heed to the ramifications of some 200 venues in Delhi where Delhi residents are being enrolled for Aadhaar/UID.

 

In a setback to such undemocratic efforts to bulldoze Aadhaar/UID and related schemes, following the direction issued to the Union of India and Union Territory of Chandigarh by Punjab and Haryana High Court in the matter of Civil Writ Petition 569 of 2013 filed in the High Court against Union of India and others, the Executive Order for making Unique Identification (UID)/Aadhaar mandatory has been withdrawn. In its order the bench of Justice A K Sikri, Chief Justice and Justice Rakesh Kumar Jain dated February 19, 2013 had not noted that the petition “raises a pure question of law.” Since the Executive Order was withdrawn, the case too was disposed of March 2, 2013 with a two page order.  The Order observes, “In this writ petition filed as PIL, the petitioner has challenged the vires of notification issued by Union of India for making it compulsory to have UID Cards.”
It is further observed that “Second issue raised in this petition is that vide order dated 5.12.2012, respondent No.3 i.e. Deputy Commissioner, U.T., Chandigarh has given directions to the Branch In charge Registration-cum-Accountant, office of Registering & Licensing Authority, Chandigarh not to accept any application for registration of vehicle and grant of learner/regular driving licence without UID card.”  Union Territory of Chandigarh failed to inform the Court the UID is not a card but an identification number based on biometric data without any legal mandate. One of the prayers in the petition in Chandigarh had sought issuance of a writ in the nature of certiorari to quash Executive order dated 5.12.2012 passed by respondent no.3 passed in violation of Motor Vehicles Act, 1988 and Central Motor Vehicle Rules, 1989 vide which UID has been mandatory for the registration of vehicles and grant of learner/ regular driving licence.

 

In a significant development, P. Karunakaran, Chairperson, Parliamentary Committee on Subordinate Legislation has accepted the petition with regard biometric data collection related to Planning Commission’s Aadhaar/Unique Identification (UID) Number and Home Ministry’s National Population Register (NPR) on March 18, 2013. The petition was submitted by Citizens Forum for Civil Liberties (CFCL), which as earlier given testimony before the Parliamentary Committee that has rejected the UID Bill. The petition before the Parliamentary Standing Committee on Subordinate legislation draws attention towards how all the residents and citizens of India are being made subordinate to prisoner’s status by the ongoing collection of their “biometric information” that includes finger prints, iris scan for permanent storage in a Centralized Identities Data Register (CIDR) and National Population Register (NPR). This is being done ‘as per an approved strategy” by Planning Commission and Union Ministry of Home Affairs without any legal mandate.
In a related development, in an order date December 27, 2012 addressed to Secretary, Union Ministry of Home Affairs, National Human Rights Commission (NHRC) has communicated human rights concerns regarding UID and Radio Frequency Identification (RFID) submitted to it by CFCL. Earlier, NHRC had expressed its deep concerns and apprehensions about UID and “biometric information” in its submission before the Parliamentary Standing Committee on Finance.

 

In the matter of now rejected National Identification Authority of India (NIAI) Bill, 2010, “NHRC’s views on the NIAI Bill, 2010″ in the Human Rights Newsletter (Vol. 18 No.8, August 2011) reveals that UID/Aadhaar Number has dangerous ramifications is quite relevant in this regard. NHRC’s view was presented to the Parliamentary Standing Committee (PSC) on Finance. The PSC submitted its report to the Parliament on December 13, 2011 rejecting the UID Bill.

 

Echoing NHRC’s view on “need for protection of information” and “the possibility of tampering with stored biometric information” in paragraph 5 (page no. 7 of the NHRC newsletter) and “disclosure of information in the interest of national security” mentioned in paragraph 9 (page no.8 of the newsletter).
On UID Number, the Draft Paper on Privacy Bill stated, “Data privacy and the need to protect personal information is almost never a concern when data is stored in a decentralized manner. Data that is maintained in silos is largely useless outside that silo and consequently has a low likelihood of causing any damage. However, all this is likely to change with the implementation of the UID Project. One of the inevitable consequences of the UID Project will be that the UID Number will unify multiple databases. As more and more agencies of the government sign on to the UID Project, the UID Number will become the common thread that links all those databases together. Over time, private enterprise could also adopt the UID Number as an identifier for the purposes of the delivery of their services or even for enrolment as a customer.”
The Draft Paper on Privacy Bill discloses, “Once this happens, the separation of data that currently exists between multiple databases will vanish.” This poses a threat to the identity of citizens and the idea of residents of the state as private persons will be forever abandoned.

 

In view of NHRC’s observation that UID/Aadhaar number will lead to discrimination due to  its distinction between residents and citizens in the name of “delivery of various benefits and services” and “weaker sections of society” is quite stark and merits attention of Delhi residents in particular. It has already been admitted that “There is no data protection statute in the country”. In such a scenario gullible citizens are being made to submit their biometric information to illegal and illegitimate entities.

 

For Details: Gopal Krishna, Member, Citizens Forum for Civil Liberties (CFCL), Mb: 9818089660, (Delhi), E-mail: krishna1715@gmail.com

 

 

 

UID enrolment form Delhi Govt

 

Delhi Govt UID order Dec 18, 2012

 

Delhi Govt UID order Dec 20, 2012

 

 

 

 

 

PRESS RELEASE-Parliamentary Committee Accepts Petition Against Biometric Data Collection, #Aadhaar, #UID & NPR


Press Release


After communicating its concerns to Parliamentary Committee, NHRC communicates human rights concerns on UID, RFID to Home Ministry

New Delhi:In a significant development, P. Karunakaran, Chairperson, Parliamentary Committee on Subordinate Legislation has accepted the petition with regard biometric data collection related to Planning Commission’s Aadhaar/Unique Identification (UID) Number and Home Ministry’s National Population Register (NPR). The petition was submitted by Citizens Form for Civil Liberties (CFCL), which as earlier given testimony before the Parliamentary Committee that has rejected the UID Bill. The letter from the Parliamentary Committee on Subordinate Legislation is attached.

The letter reads, “I have received a copy of your petition (118 pages) regarding Subordinate Legislation for Biometric Identity Card NRIC and Aadhhar/UID IS illegal & illegitimate and Constitutional, Legal, Historical & Technological Reasons Against UID/Aadhaar Scheme on 18.3.2013.”

In a related development, in an order date December 27, 2012 addressed to Secretary, Union Ministry of Home Affairs, National Human Rights Commission (NHRC) has communicated human rights concerns regarding UID and Radio Frequency Identification (RFID) submitted to it by CFCL. Earlier, NHRC had expressed its deep concerns and apprehensions about UID and “biometric information” in its submission before the Parliamentary Standing Committee on Finance.

In the matter of now rejected National Identification Authority of India (NIAI) Bill, 2010,  “NHRC’s views on the NIAI Bill, 2010″ in the Human Rights Newsletter (Vol. 18 No.8, August 2011) reveals that UID/Aadhaar Number has dangerous ramifications is quite relevant in this regard. NHRC’s view was presented to the Parliamentary Standing Committee (PSC) on Finance. The PSC submitted its report to the Parliament on December 13, 2011 rejecting the UID Bill.

Echoing NHRC’s view on “need for protection of information” and “the possibility of tampering with stored biometric information” in paragraph 5 (page no. 7 of the NHRC newsletter) and “disclosure of information in the interest of national security” mentioned in paragraph 9 (page no.8 of the newsletter), the Central Government’s Draft Discussion Paper on Privacy Bill admits, “There is no data protection statute in the country.”

On UID Number, the Draft Paper on Privacy Bill stated, “Data privacy and the need to protect personal information is almost never a concern when data is stored in a decentralized manner. Data that is maintained in silos is largely useless outside that silo and consequently has a low likelihood of causing any damage. However, all this is likely to change with the implementation of the UID Project. One of the inevitable consequences of the UID Project will be that the UID Number will unify multiple databases. As more and more agencies of the government sign on to the UID Project, the UID Number will become the common thread that links all those databases together. Over time, private enterprise could also adopt the UID Number as an identifier for the purposes of the delivery of their services or even for enrolment as a customer.”

The Draft Paper on Privacy Bill discloses, “Once this happens, the separation of data that currently exists between multiple databases will vanish.” This poses a threat to the identity of citizens and the idea of residents of the state as private persons will be forever abandoned.

In view of NHRC’s observation that UID/Aadhaar Number will lead to discrimination due to  its distinction between residents and citizens in the name of “delivery of various benefits and services” and “weaker sections of society” is quite stark. Late Roger Needham, a British computer scientist aptly said, “if you think IT is the solution to your problem, then you don’t understand IT, and you don’t understand your problem either.”

Among other documents STATEMENT OF CONCERN ON UNIQUE IDENITY (UID) NUMBER issued by 17 eminent citizens has been submitted before the Parliamentary Committee on Suordinate Legislation .

With regard to UID and related schemes, the statement has asked for a feasibility study, a cost-benefit analysis, assessment of national security concerns, data theft, constitutionality of this project, including in the matter of privacy, the relationship between the state and the people, security and other fundamental rights of citizens.

The petition draws the attention towards the Undemocratic Process in which UIDAI has been set-up besides issues regarding Privacy,  Surveillance, Profiling,  Tracking and Convergence The statement reds: “This is a project that could change the status of the people in this country, with effects on our security and constitutional rights, and a consideration of all aspects of the project should be undertaken with this in mind.”  In view of these concerns it asked for the halting of the project and a public, informed debate be conducted before such a major change is allowed.

The signatories to the statement included Justice VR Krishna Iyer, former judge, Supreme Court of India, Prof Romila Thapar, noted historian, members of National Advisory Council, Aruna Roy and Deep Joshi, Prof. Upendra Baxi, Jurist and ex-Vice Chancellor of Universities of Surat and Delhi, Bezwada Wilson, Safai Karamchari Andolan, Trilochan Sastry, IIMB, and Association for Democratic Reforms, Prof. Jagdish Chhokar, ex- IIMA, and Association for Democratic Rights and Justice A.P.Shah, Retired Chief Justice of High Court of Delhi.

In a setback to central government’s effort to bulldoze UID and related schemes, following the direction issued to the Union of India and Union Territory of Chandigarh by Punjab and Haryana High Court in the matter of Civil Writ Petition 569 of 2013 filed in the High Court against Union of India and others, the Executive Order for making Unique Identification (UID)/Aadhaar mandatory has been withdrawn.
In its order the bench of Justice A K Sikri, Chief Justice and Justice Rakesh Kumar Jain dated February 19, 2013 had not noted that the petition “raises a pure question of law.” Since the Executive Order was withdrawn, the case too was disposed of March 2, 2013 with a two page order.  The Order observes, “In this writ petition filed as PIL, the petitioner has challenged the vires of notification issued by Union of India for making it compulsory to have UID Cards.”

It is further observed that “Second issue raised in this petition is that vide order dated 5.12.2012, respondent No.3 i.e. Deputy Commissioner, U.T., Chandigarh has given directions to the Branch In charge Registration-cum-Accountant, office of Registering & Licensing Authority, Chandigarh not to accept any application for registration of vehicle and grant of learner/regular driving licence without UID card.”  It is quite bizarre that Union Territory of Chandigarh remains ignorant of the fact that UID is not a card, it is a 12 digit number. The entire government machinery is hiding the fact that fundamentally UID is not a proof of identity, it is an identifier contained in the Central Identities Data Repository (CIDR) of (UID)/Aadhaar Numbers. Union Territory of Chandigarh failed to inform the Court the UID is not a card but an identification number based on biometric data without any legal mandate. One of the prayers in the petition in Chandigarh had sought issuance of a writ in the nature of certiorari to quash Executive order dated 5.12.2012 passed by respondent no.3  passed in violation of Motor Vehicles Act, 1988 and Central Motor Vehicle Rules, 1989 vide which  UID has been mandatory for the registration of vehicles  and grant of learner/ regular driving licence.

This reveals that attempt to make UID/Aadhaar is an act of bullying by the government agencies like Delhi’s Revenue Department which must be challenged, resisted and boycotted.

The petition before the Parliamentary Standing Committee on Subordinate legislation draws attention towards how all the residents and citizens of India are being made subordinate to prisoner’s status by the ongoing collection of their “biometric information” that includes finger prints, iris scan for permanent storage in a Centralized Identities Data Register (CIDR) and National Population Register (NPR). This is being done ‘as per an approved strategy” by Planning Commission and Union Ministry of Home Affairs without any legal mandate.

For Details: Gopal Krishna, Member, Citizens Form for Civil Liberties (CFCL), Mb: 9818089660 (Delhi),
E-mail: krishna1715@gmail.com

 

Punjab & Haryana High Court finds application of UID /Aadhaar legally questionable #biometrics


200 px

 

Punjab & Haryana High Court finds application of Unique Identification (UID)/Aadhaar legally questionable

 

Executive order for Biometric UID ‘Cards’ withdrawn  

 

UPA’s Budget 2013 is promotion of Aadhaar is unconstitutional

 

High Court finds application of UID/Aadhaar illegal like the Parliamentary Committee on Finance

 

Responding to the direction issued to the Union of India and Union Territory of Chandigarh by Punjab and Haryana High Court in the matter of Civil Writ Petition 569 of 2013 filed in the High Court against Union of India and others, the Executive Order for making Unique Identification (UID)/Aadhaar has been withdrawn.

 

In its order the bench of Justice A K Sikri, Chief Justice and Justice Rakesh Kumar Jain dated February 19, 2013 had not noted that the petition “raises a pure question of law.” Since the Executive Order was withdrawn, the case too was disposed of March 2, 2013 with a two page order. 

 

The Order observes, “In this writ petition filed as PIL, the petitioner has challenged the vires of notification issued by Union of India for making it compulsory to have UID Cards. Admittedly, this issue is pending before the Supreme Court and therefore, on

 

the last date of hearing i.e. on 19.2.2013, we did not observe anything on this issue.”

 

It is further observed that “Second issue raised in this petition is that vide order dated 5.12.2012, respondent No.3 i.e. Deputy Commissioner, U.T., Chandigarh has given directions to the Branch In charge Registration-cum-Accountant, office of Registering & Licensing Authority, Chandigarh not to accept any application for registration of vehicle and grant of learner/regular driving licence without UID card.”

 

It is quite bizarre that Union Territory of Chandigarh remains ignorant of the fact that UID is not a card, it is a 12 digit number. The entire government machinery is hiding the fact that fundamentally UID is not a proof of identity, it is an identifier contained in the Central Identities Data Repository (CIDR)of (UID)/Aadhaar Numbers. Union Territory of Chandigarh failed to inform the Court the UID is not a card but an identification number based on biometric data without any legal mandate.

 

The petition had made the following prayers:   i) Issue a writ in the nature of certiorari to quash Executive order dated 5.12.2012 passed by respondent no.3  passed in violation of Motor Vehicles Act, 1988 and Central Motor Vehicle Rules, 1989 vide which  UID has been mandatory for the registration of vehicles  and grant of learner/ regular driving licence.

 

ii) a writ in the nature of mandamus directing Union of India to accept other proofs of Identity and address i.e. Voter I-Card issued by Election Commission of India, the Constitutional body and Passport issued by Ministry of Foreign Affairs, Govt. of India and other proofs of address, age prescribed under Rule 4 of Central Motor Vehicles Rules, 1989 for issuance of learning/ regular driving licence and for registration of vehicle;

 

iii) Further it sought direction for Union Territory of Chandigarh and Union of India not to make mandatory UID for essential public Utility Services and accept other documents as proof of Identity and address as per the Rules;

 

iv) a writ in the nature of certiorari quashing notification dated 28.1.2009 being illegal and further issuance of a appropriate writ declaring the Unique Identification Authority of India constituted vide Notification dated 28.1.2009 unconstitutional as the same has no legal sanctity as the UIDAI been constituted and functioning illegally as the National Identification Authority of India Bill-2010 is pending in the Parliament of India.

 

The writ petition had emphasized that during the pendency of the petition Executive order dated December 5, 2012 and other similar executive orders vide which Adhaar have been made compulsory for essential public utility services may kindly be stayed.

 

In its concluding paragraph the March 2, 2013 order of the High Court reads, “Today, short affidavit of Mr.M.Shayin, IAS, Deputy Commissioner, UT, Chandigarh is filed stating that the aforesaid instructions have been reviewed and now the insistence of UID card is no longer treated as mandatory. No further orders are required to be passed in this petition, which is accordingly disposed of.”

 

It is noteworthy that UPA’s Budget Speech of 2013 announced that “We are redoubling our efforts to ensure that the digitized beneficiary lists are available; that a bank account is opened for each beneficiary; and that the bank account is seeded with Aadhaar in due course.” In the light of the High Court’s order, the implementation of opening of bank accounts seeded with UID/Aadhaar is legally and constitutionally questionable.  Earlier, Parliamentary Standing Committee, Finance rejected the UID/Aadhaar project and the related UID Bill in its report to the Parliament dated December 13, 2011.

 

Citizens Forum for Civil Liberties (CFCL) has been campaigning against unregulated biometric, surveillance and identification technology companies since 2010 and had appeared before the Parliamentary Standing Committee, Finance in this regard. CFCL has consistently underlined that the silence of the States which are quite vocal about threats to federal structure from Union Home Ministry‘s National Counter Terrorism Centre (NCTC) and National Intelligence Grid (NATGRID) that integrates 21 sets of databases in the matter of the creation of UID’s Centralized Identities Data Register (CIDR) disregarding the fact that Planning Commission’s CIDR and Home Ministry’s National Population Register (NPR) is inexplicable.

 

For Details: Gopal Krishna, Citizens Form for Civil Liberties (CFCL), Mb: 9818089660, E-mail: krishna1715@gmail.com

 

 

Archives

Kractivism-Gonaimate Videos

Protest to Arrest

Faking Democracy- Free Irom Sharmila Now

Faking Democracy- Repression Anti- Nuke activists

JAPA- MUSICAL ACTIVISM

Kamayaninumerouno – Youtube Channel

UID-UNIQUE ?

Enter your email address to follow this blog and receive notifications of new posts by email.

Join 6,233 other followers

Top Rated

Blog Stats

  • 1,762,716 hits

Archives

October 2019
M T W T F S S
« Jun    
 123456
78910111213
14151617181920
21222324252627
28293031  
%d bloggers like this: