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Showing posts with label Pragoti. Show all posts
Showing posts with label Pragoti. Show all posts

Thursday, March 3, 2011

101 - Musings on (MG) NREGA-II by Avanish Source Pragoti

Musings on (MG) NREGA-II
Tue, 2010-04-27 16:43 — awanish

A blogpost to comprehend the politics behind Mahatma Gandhi NREGA-II and what it entails for the goal of universal employment guarantee in India.

It is not an exaggeration to say that there is no other policy in recent times which has received as much attention, political and academic, as the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA). To illustrate, during the recent G-20 labour ministers’ summit, many participants hailed NREGA, alongwith Rashtriya Swasthya Beema Yojana (RSBY), as a piece of innovative and dynamic legislation that should be replicated across the recession and unemployment-hit countries. In the election campaign for Lok Sabha election 2009, the Congress party upheld NREGA as its most significant achievement and, according to many assessments, won owing to the successful canvassing of the act. However, with UPA-II coming to power, we are witnessing a conscious effort to manipulate NREGA to serve whimsical goals of the ‘pseudo-inclusive’ growth agenda.

When NREGA was conceptualized, it was supposed to fulfill the long-standing right to work, which though inherent in the right to life guaranteed under the constitution, was never deemed to be a legally enforceable right. It was also in the specific context of falling employment during the 1990s that the right to work became a major issue, politically. NREGA faced stiff opposition from the corporate class and the pink media, to the extent that famous columnist Swaminathan Aiyer called for helicopters which could drop 5-rupee coins in villages rather than rely on an exercise in waste of public money like NREGA. Unsurprisingly, the Prime Minister’s Office (PMO), itself, remained strongly anti-employment guarantee till very recently reflecting its deep neoliberal conviction and outlook. On the other hand, the left and other progressive forces protested against the watered down version of the original draft of the act. The Right to Food Campaign, while welcoming NREGA 2005 for its impact on poverty, rural-urban migration, women’s empowerment, public assets in rural areas, rural power equations and bargaining power of unorganized workers; defined the 2005 act as ‘half hearted employment guarantee act’. Nevertheless, in the course of UPA-I, the government as well as the Congress party realized that NREGA is not just another ‘scheme’ and with the Lok Sabha elections victory, everybody has been celebrating the magic of NREGA. Hereafter begins the mysterious story of (MG) NREGA-II.

When one first started hearing and reading about NREGA-II, it was difficult to comprehend what it signified. Initially, it looked like a phrase intended to invoke the victory of UPA-II in the Lok Sabha elections or just another of those media-invented nomenclatures. A little later, when other people also started using the term, it seemed that it could also be reflecting the process of supposed turbulence within UPA-II over social policy. For a moment, it seemed heartening to know that the act was being revamped after the Lok Sabha election results have humbled the PMO over, in particular, the value of an act like NREGA. However, the question remained: what had changed, either in the NREGA or the government, which warranted the repackaging of NREGA-I into NREGA-II?

We begin the story from the initial passage of NREGA during UPA-I. It is an open truth that, from the very beginning, many important provisions under the act have been suppressed by the PMO and his hardcore neoliberal coterie inside and outside the government, including the unemployment allowance and establishing a parallel structure of governance for NREGA. There were enough signals which made sure that unemployment allowance does not become reality even at a single place lest it transformed how employment guarantee was viewed in rural areas. The Central Employment Guarantee Council (CEGC) mandated by the act was definitely formed but without much space for activity and was later almost forcibly dissolved. The state and district level structures were never formed, never talked about during the long period of NREGA-I whereas giving financial and planning autonomy to Panchayati Raj Institutions (PRIs) was out of question. The corporate-backed perspective on NREGA reigned supreme at the highest policy level with impunity for long before Lok Sabha 2009 happened. As opposed to the widespread perception regarding existence of two camps in the government over NREGA, we believe that as far as diluting and manipulating the act is concerned, both the camps effectively land at the same spot. Since NREGA had been credited with an election victory, NREGA-II was instituted in collusion of both the neoliberal policy managers as well as the political managers of UPA-II. Consequently, the newly constituted CEGC, corresponding to NREGA-II, is a congregation of state level Congress leaders and other loyalists of the party with only few of the earlier names given prominent space. The role of the new minister for rural development, C P Joshi has been much highlighted in this whole affair; however, it is the larger structure of state policy that we analyse. We, through this analysis, also comment upon the strange mix of social, political and developmental objectives that is now referred to as the ‘inclusive growth’ agenda of the Congress-led UPA-II and how it effectively serves the usual conservative ideological orthodoxy.

We must also note two significant features of the current euphoria over NREGA-II. Firstly, the very fact that NREGA which, at its best, provides a minuscule survival relief to rural poor households has become such an important public policy catch for the Congress party reflects on the wretched state of our social and political reality. If the causal link between NREGA and electoral gain of the UPA is established, then from the demand side, it shows deep levels of desperation and inequality that inflicts our society as well as a crude manifestation of widespread marginalization of rural labour in India. From the supply side, post-NREGA-II, it reflects the mischievous and farcical processes of insulated policymaking and mainstream politicking in the country. Secondly, it is also clear that the ruling class, while absolutely appropriating NREGA, is positioning NREGA-II as the final panacea for resolving numerous contradictions and conflicts facing the country that historical processes and neoliberal policy have created and sustained.

Since it is obvious that there is no contradiction within the government/large part of the ‘civil society’ over how to reconstitute NREGA as NREGA-II, we will now look at the complex maze of camouflaging rhetoric and reality of public policy in India witnessed through pronouncements on NREGA-II. We will also be able to demonstrate that NREGA-II, in its form and content, is a result of a consensual process of making NREGA reforms-oriented and not of any churning within the UPA. That NREGA-II is not merely a flagship scheme of the GoI, but the prime political plank of the Congress party now. Also, it must be emphasized that most of these decisions were made without any democratic consultation and debate.

Firstly, the pioneering ‘innovation’ in NREGA-II concerned permitting work under the act on land belonging to small and marginal farmers and not solely SC/ST households. The definition of small and marginal farmers adopted here (possessing less than 5 acres) would have included more than three-fourth of the total number of farmers in the country. Further, this amendment cleverly avoided making any reference to the distinction between irrigated and un-irrigated land and more powers to Panchayati Raj Institutions (PRIs). The ‘rhetoric’ behind this move was to help rural poor at large to combat the pervasive agrarian crisis in the countryside. As is obvious, it is a ridiculous proposition that after refusing to implement any progressive measure in land, labour, credit and agriculture and effectively dismantling the support structure based in policy, the neoliberal combine intends to ameliorate the chronic crisis in rural India, finally, through NREGA-II. Further, with no social and livelihood security, it also looks like a shameless attempt to distribute the humble pie of NREGA-II between agricultural labourers and small and marginal farmers, while making overall compromises on agriculture.

Secondly, for strengthening and building capacities of PRIs to take up work under NREGA-II (though they could rarely exercise their autonomous authority during NREGA-I), the ministry intends to put a ‘community mobiliser’ in every Gram Panchayat who can evince and sustain job demand from the communities and would be called (Rajiv Gandhi) Lok Karmi. Further, drawing from NRHM, NGOs also have a great chance to build ‘capacities’ of communities/PRIs and create demand from within by turning into Lok Sevaks while getting paid for it. The Draft Lok Sevak/ Lok Karmi scheme released by the Ministry of Rural Development has this ironic justification,

“MGNREGA workers are largely non-literate, poor and at the bottom of the social hierarchy and so don’t have either the formal literacy skill to record their rights or to articulate their demands in a written form. This is why absence of written applications for employment, non-issuance of dated receipts, non-payment of unemployment allowances or compensation for delay in wages are indication of not just administrative lapses in record keeping, but a more serious wedge between workers’ rights and the Gram Panchayat”

It is interesting that this scheme has been floated when many fundamental prerequisites for operationalising NREGA have not been in place for quite long. Labourers demand employment and rarely provided within 15 days, when they get they have complaints about wages and conditions of work. We have also seen many news reports where workers of NREGA have attempted unionization and agitated for timely payment of legally due wages across the country. And, the ministry thinks there is no demand for work under NREGA. Further, rather than working towards transferring democratic control of NREGA works to PRIs, the ministry had this novel idea of turning NREGA into a disaggregated NGO-led project. Here, in fact, lies a larger critique of how public programmes are moving away from the perspective of ‘political action’ to ‘capacity building’. Most recent public programmes have identified ‘inadequate demand for public services’ as the core problem in implementation. It is Accredited Social Health Activist (ASHA) for NRHM and Lok Karmi/Lok Sevak for NREGA-II, obviously through the aid of NGOs. On the contrary, what the oppressed people of India need, at least as far as public programmes are concerned, is not training and ‘procedural facilitation’ through NGOs but a political control over their rightful share of these public programmes. Fortunately, this proposal for NREGA is stalled, for now.

One might also be prompted to ask- why Lok Karmi/Lok Sevak when the act itself prescribed a dedicated set of public functionaries to assist its implementation? Among all this, what happened to the governance structure from centre to districts to blocks to villages for implementing NREGA?

Thirdly, in the name of creating durable and socially profitable assets, the bogey of convergence was raised. When true universalisation of NREGA is still a pipedream, the average work per household remains less than 50 days and there is no effective employment guarantee, convergence with other programmes makes little sense. However, since NREGA-II is now supposed to be solely responsible for the agenda of rural transformation through its impact on income generation, land reforms and sustainable development; the discourse of convergence was added to create bigger and better perceptions about NREGA-II. The problem is that the act was envisaged to be a self-liquidating programme assuming its impact on rejuvenating rural economy and not treating it as ‘once-and-for-all’ rural development policy. After all, what use convergence is if it does not increase the number of total working days and income under the act and just facilitates smooth completion of projects? The best way to go about real convergence is this: Firstly, remove the upper limit on the number of guaranteed employment days under the act (from 100 days per annum) and secondly, turn it into an individual entitlement (and not a household one). The lofty expectations about convergence and cooperation between people, schemes and projects would, in all probability, come true.

Fourthly, NREGA-I experimented with wage payments through banks which failed because a) the problem related to wages is not located in the mode of payment and b) there are no banks in most of the rural areas where the act is operating. It was initially supposed to enhance transparency in the process of wage payments to labourers under NREGA. However, that was not to be since rural banking in India has already been fatally compromised in the 1990s. Come NREGA-II and the innovators started arguing that since there are few banks in most rural areas, the banking correspondent (BC) model would be the most appropriate for timely wage payments under NREGA-II. No words on the conscious abandonment of ‘social and development banking’ and putting a premium, ironically, by state policy on ‘institutional credit’ in the economy. A letter issued to all state rural development secretaries from the Joint Secretary in-charge of NREGA at MoRD (dated 4th March 2010) begins by posing,

“With a view to infusing transparency and enhancing the integrity of wage payments under Mahatma Gandhi NREGA, and also to encourage savings among the rural poor, Schedule II of Mahatma Gandhi NREGA act has been amended to make wage disbursements to Mahatma Gandhi NREGA workers through institutional accounts in banks or post offices a statutory requirement.”

Note how ‘encouraging savings among rural poor’ has been accepted as a principle through MGNREGA after de-institutionalizing credit in rural India and reinstating the Sahukar as the only source of credit within reach for the rural poor. A little while later, the same letter states,

“The pace of financial inclusion under Mahatma Gandhi NREGA has surpassed the pace of institutional outreach of banks and post offices as well as their current capacity to manage such a large number of accounts”

However, the reach as well as capacities of banks were restricted by the same regime which yearns for ‘financial inclusion’. The diktat, hereafter, conveniently moves to BC model and use of SHGs in reaching to the rural poor. So, the goal of “financial inclusion” is also to be achieved through NREGA-II, of course, by opening BC accounts.

Finally, our new collective fad- Unique Identity Number would help keep tab on all the processes under NREGA-II and corruption would be curbed. Many policy documents, including those coming from UIADAI itself, have justified the formation of UIDAI, through its possible impact on the performance of social sector schemes. Since UIADAI has evolved into a final answer to all problems of public programmes in India, let us look into it little closely.

As pointed out earlier, the raison d’ĂȘtre for the UID project in the country is benefitting the poor and vulnerable, almost entirely through efficient and targeted delivery of public services to them. While in the UK and the earlier versions of similar initiatives in India were mainly about controlling terrorism and illegal immigration; the UIDAI has been unequivocal about its intention to ‘alleviate poverty’ and ‘strengthening the excluded’. In fact, UIDAI even has a set of pet programmes like NREGA, RSBY and PDS where it plans to intervene to improve service delivery for the poor. With UIDAI, poor are at the centrestage once again!

UIDAI’s understanding of public programmes in India is predominantly non-programmatic and mainly concerned with ‘efficient and targeted implementation’. Hence, in order to respond to UID, we too restrict our analysis to the implementation flaws of NREGA. One major issue, as already identified, is that NREGA, on an average, has produced less than 50 mandays per household against 100 days promised in the act. The oft-repeated alibi would be that since NREGA is a demand-driven scheme, if people demand employment, they get employment. So, the strange contradiction is that the much spoken about chronic poverty in the countryside does not get manifested in ‘demand’ for employment under NREGA. One way in which demand for employment can actually be ‘created’ might be through more decentralization to PRIs. However, it is quite clear, that owing to misplace contours of ‘governance’ under NREGA (UIDAI itself, being an instance) local planning and demand generation has been largely ignored. Further, regarding wage payments two issues have been on the forefront. One, late payments of wages and two, wages paid below the stipulated minimum wage. Even with the celebrated introduction of compulsory bank accounts, the instances of late payments have not gone down significantly. Wage payments below minimum wage rates have been, at times, result of confusion regarding the district Schedule of Wage Rates (SoR) applicable to different kinds of manual/semi-skilled works. Lower payment to women and illegally employed children is a general feature except in a few states. UIDAI must understand that, in rural India, legal enforcement of minimum wage is not enough when larger processes of caste, social justice and gender dominate. Even for argument’s sake, if lower-end corruption is indeed the biggest issue marring the performance of NREGA, can it be tackled through technology? Initial evidence regarding wage payments through bank accounts seems to have a negative answer. As pointed out earlier, the ironical part of the whole ‘payments through bank accounts’ rhetoric concerns its complete denial of the withdrawal of the state from rural banking structure in the country. Also, with specific reference to NREGA, corruption exists at the level of the village because of deep-rooted nexus between the contractors, the elites and the local government functionaries. One prime way this gets done is through fudging the muster rolls (which are supposed to be kept at the worksite and signed by workers when they receive payments) associated with the works under NREGA. The corruption through muster rolls has not stopped even after the introduction of bank payments (which was celebrated as a technological breakthrough in the programme). The contractor nexus not only influences the wage payments and financial management of the programme, they also critically undermine the democratic and decentralised character of NREGA. The whole debate of quality of public goods created under NREGA conveniently misses the central point about the philosophy of the programme: democratic determination as well as planning of works. How would UIDAI affect the processes of decentralization under NREGA?

Not only this, the provision of unemployment allowance implying a guarantee, has not been paid ever in most of the states. The NREGA governance structure, including the State Employment Guarantee Councils, is yet to appear on picture. On the other hand, democratic control and monitoring in the form of social audits have been fraught with violence and resistance from established vested interests whereas the question of access to equal and dignified work under NREGA remain as urgent as ever from the viewpoint of historically oppressed groups like SCs, STs, Dalits and Women. This predicament regarding the act manifests itself in many ways, from non-issuance of job cards to non-provision of work to Dalit or female-headed households, but it has little relation to state’s inability to recognize them as ‘proper citizens’ through a unique identity number.

In other words, the excitement over UID camouflages the fundamental contradictions inherent in the context and design of the programme; and the intent of policy. None of the implementation issues in NREGA described above can be addressed by possessing a unique identification number.

To conclude, NREGA-II is prone to become another casualty into the hands of the ruling class, if all progressive movements do not take immediate notice of the fundamental changes brought about in the act without even fulfilling the basic objective of ‘universal and guaranteed employment’. A recent news report shows how the NREGA-II leaders and enthusiasts, in their tone and intent, plan to turn NREGA into a techno-managerial black box with misplaced priorities and erroneous strategies. It is also clear that a major expectation from NREGA-II is its impact on rural-urban migration trends and patterns. The news report quotes Mihir Shah, member, planning commission as saying,

“Where durable assets are created, water conservation happens, agriculture productivity is raised and all this is dovetailed with micro-finance, then out-migration from the area is reduced and people go back to farming or other livelihood created by NREGS.”

NREGA-II, hence, is also an instrument to create harmony where there is deep conflict through creating assets, initiating projects of Gandhian scale, technology and microfinance which, in turn, also reduces the disequilibrium-prospect of mass migration. It is not surprising that the discourse of NREGA-II has a disproportionate tilt towards tackling issues of migration, demand generation (through professional NGOs), high-value asset creation and skill generation so that one inexpensive act could compensate for historical injustices, agrarian crisis, unemployment, low education, drastically reduced public investment in agriculture and everything else.

NREGA was celebrated by the leftist and progressive forces in the country because of its unique position on universalisation and employment guarantee. Most of us had also thought NREGA would, in course of time, help combat exploitation in the rural labour market and support the processes of Dalit (landless) and women’s liberation. NREGA, in its original but reduced avatar, had started showing results by exposing the inherent contradictions of village societies and providing a modest pathway for resistance to the vast oppressed pool of rural labour. In many places, the long status-quo of dominant power relations was disturbed through NREGA. Unfortunately, this was taken up as the opportune moment to strike down further possibility of any form of radical action through employment guarantee. Though, we must also note that the assault of NREGA-II on the spirit of NREGA is unlike the reaction of elites and corporates during NREGA-I. As is clear, it is a way to de-emphasise the ‘political’ attributes and objectives of NREGA. It is routine yet profound; innocuous yet deep-reaching and procedural yet political. Hence, the only way to fight it is to expose it.

Wednesday, March 2, 2011

25 - Unique Identification Number Project: Cautious Optimism - By Arjun Ghosh

Sunday, May 23, 2010
42 - Unique Identification Number Project: Cautious Optimism
CLICK ON TITLE TO SEE ORIGINAL ARTICLE - Posted by Ram Krishna Swamy
Unique Identification Number Project: Cautious Optimism

Fri, 2009-11-13 18:00 | Arjun Ghosh
On 30 and 31 October 2009 a workshop was organized at the Indian Institute of Advanced Study, Shimla on the project initiated by the Government of India to provide Unique Identification Number (UID) to all residents of India. The workshop was attended by members of the UID Authority of India (UIDAI) including Nandan Nilekani, who is heading the project, eminent social scientists and representatives of civil society groups working with various disadvantaged groups. The workshop is one of several consultative sessions being undertaken by the UIDAI in the run up to the roll-out of the project.



The workshop began with a presentation by Nandan Nilekani on the aims and objectives of the UID Project and its basic architecture. This was followed by discussions on various issues. One of the difficulties that scholars and critiques of the project have been faced with was the lack of information on what were the exact dimensions of the project. Hence, the apprehensions - related to feasibility, cost, privacy and further marginalization of the marginalized – which have been raised are based on an assumed architecture. In this article I shall record some of the proposed features of the UID project, as well as talk about some of the issues that came to light in the discussions at the workshop.

What does the UIDAI propose to do?

· The objective of the project is to determine uniqueness of all individuals within the territory of India.

· The UID is not to be treated as a determination of citizenship.

· The UIDAI will not provide any card. It will only issue a number which will be delivered to the concerned person's address.

· The UID proposes to record the following data fields:

· Name – taken as a string and not broken into First Name, Surname etc.

· Date of Birth

· Current Address

· Permanent Address

· Gender

· Father's/ Mother's/ Guardian's Name and UID Number (for infants and minors)

· Photograph

· Prints of all 10 fingers

· Retina scan/ Iris (decision yet to be taken)

· Decision is yet to be taken on required and optional fields.

· Identification will be done for all, including infants. For infants, the record will have to be updated regularly.

· The UIDAI will not register any person directly but through partners/ registrars like the NREGS/ PDS/ LIC or Passport. When a person applies for any of these services which may ally themselves to the UID, the application process will involve the recording of all details required for the UID. The applicant will then be allotted a UID.

· To begin with Registration for UID will not be compulsory. In fact, from what I gather, it would not be possible for an individual to obtain a UID separately from any service. As the scheme roles out more and more Registrars like banks, income tax department, election commission, may make UID compulsory.

· So, basically the UIDAI is looking at a time frame of 5-10 years for the complete roll out of UID numbers to all residents of India. The UIDAI is targeting the issuing of the first set of numbers between Aug-Dec 2010. In four years to enroll about 600 million people. Registering the remaining population will be more difficult.

· In case of change of address the individual can visit any partner-registrar and get the records changed after necessary verification.

· The UIDAI proposes to set up an online database for realtime verification of details.

· The data fields on the UID database will not be downloadable. i.e. a clerk at the counter will only be able to verify whether the data provided by the person at the counter is correct – the system will respond with only 'Yes' or 'No'. Thus the clerk or any agent will not be able to download all details of a person by entering the UID number. This is important from the privacy point of view. However, the UID holder would be able to view all fields of data against her record.

· The UIDAI did not commit any budget estimate for the project as this will only be clear after the technical details related to biometric become clear, i.e. whether they would use only fingerprinting or they need to include iris as well.

· The UIDAI is aware that a project of this scale has never been undertaken ever. Though the technology exists it has not been proved at this scale.

· The UIDAI proposes to put in place a Civil Society Advisory Council for a social audit of the entire scheme to make sure it sticks to its objectives.

What are the projected benefits?

· The UID will help remove duplicate names from various service lists. While this would help clean up lists for NREGS, Old Age Pension Schemes, PDS etc, it may also help clean up benami bank accounts etc. Informally, the Income Tax Department is known to have projected an additional tax collection of about Rs.40,000 crores annually!

· Currently, however, the UIDAI's USP is focussed on the benefits to the poor.

· It will be possible to put in place systems of direct remittance to the beneficiary. The proposal is to set up a network of Banking Correspondents (BC) much in the model of mobile recharge agents in every village and locality in the country. The Finance Ministry will soon come up with details of eligibility requirements of BC applicants. When the money to a beneficiary gets credited the individual can visit any BC and after biometric verification (which can be done through a kit costing about Rs.5000 and a mobile connection) withdraw the requisite amount in cash. This proposal will try to eliminate middlemen and leakages. (Interestingly, during the proceedings of the workshop Nandan Nilekani remarked that with uniqueness guaranteed it may be possible to think of an efficient universal PDS!!)

· The UID system is likely to benefit the poor who are often caught in a cyclical process of verification of records. This would be a one time verification with all subsequent verification being taken care of by biometrics – the slogan being “the thumb is the card”!

· The UID will also facilitate migration and mobility. Since the UID vouchsafes uniqueness and identity it would be possible for a migrant labourer to easily get her BPL card transferred or open a no-frills bank account.

· Since the UID enrolls for life, it will force people to keep their record clean.

How will the UIDAI enroll people?

The major part of the difficulty would be in getting people to enroll and spread awareness about the benefits of the UID scheme.

· The UIDAI lays stress in partnering with Civil Society groups working among the poor and the marginal people.

· This issue was discussed at great length in the workshop.

· Doubts were raised on the efficacy of using NGOs as some of them could be aligned to communal and fundamentalist groups which would gain legitimacy in the process.

· It was suggested that help should be sought from organisations of disadvantaged groups like a rickshaw-pullers' association.

· A partnership with the Post Office and the panchayats was also suggested.

Difficulties and Unintended Consequences

· Though the UID proposes to enable the inclusion of hitherto excluded sections of society it may create new forms of exclusion. For instance, there are marginal groups who survive by being invisible to the state – like slum dwellers in a city who live in constant fear of demolition and displacement, or forest population living in a reserve forest. Such groups may not want the new visibility.

· Certain powerful groups – like owners of an illegal brick factory or mining agency – may prevent all under him from registering with the UID.

· Address proof for homeless people was another major stumbling block. Though the UID can sanction uniqueness of a person, even without the address, the address becomes necessary for ensuring easy access to services like banking – one of the USPs of the UID scheme. One of the possibilities discussed was that of flagging the address as “verified” or “non-verified”, which would then ensure that the UID number could be issued without address being a roadblock for benefits for which address may not be a prerequisite. However, this would create two categories of UID holders.

· Date of birth may be an issue – with a majority of Indians lacking any verifiable birth record. Date of birth becomes important for Old Age Pension benefits among other things.

· The name of a person may be another source of problem. Outside the literate population a person may actually have multiple names. With the UID this is likely to get standardized.

Fears

· One of the major fears that has been raised by many with regard to the UID project is that of privacy. Though the UIDAI has not been mandated to set up any such system, once the UID system is in place, it would be possible to track an individual. Though the UID plans to record a small set of data fields, it is possible to pile on more data fields onto a record without the knowledge of the record-holder.

· Responding to the issue Nandan Nilekani pointed out that privacy is an issue but the UID project is not the cause of it. He said today it is possible to track a person using her mobile phone, access basic details through the telephone directory and already there have been cases of the Voters' List being used for communal massacres. He suggested that we need to press for strong Privacy Laws.

· The possibility of misuse of the UID in context of a non-benign take over of state power needs to be precluded by a strong Civil Society Advisory Council overseeing the UIDAI.

· One of the suggestions was that the range of uses of the UID should be limited by law. For instance, a housing complex should not make UID/ biometric recognition mandatory for entry or taking up accommodation; job applications should not have to reveal their UID records; one should be able to buy a railway or air ticket without verifying fingerprints.

· The Free Software movement had raised an issue relating the possible threat to sovereignty due to the UID project. This fear was raised in the context of Microsoft's declaration of desire to be a partner on the UID project. Microsoft as a corporation is tied to the laws of the United States of America. Microsoft being a proponent of proprietorial software would never let out the source code of the programs it would use on any project. If Microsoft or any other provider partners on the UID project there could be three possible situations: 1) In case of an adverse international political situation a foreign government could order the software vendor to lock or cripple the UID database in India – a case of cyber-warfare; 2) it could lead to a situation of a vendor lock-in, whereby each time the UIDAI wishes to make changes to the database it would require the services of the software vendor, thus enabling the vendor continue to earn rent income; 3) the use of proprietorial software could have the unintended consequence of being incompatible with e-governance platforms which already use Open Source programing. The UIDAI team responded to these concerns: 1) The Open Source model will be used for the UID project and the Source Code will be under public ownership; 2) all APIs will be standard and published APIs and can be accessed using a variety of software; 3) Proprietorial software may have to be used for specialized tasks like biometrics for that may be the cheaper and more efficient choice at hand, but in such cases the contract with the software firms will have sufficient safeguards to prevent any vendor lock-in.



Though the overall direction of the UIDAI is to make the government and governance more accessible to the poor, it is very difficult to imagine how this scheme will be rolled out among the millions of poor and marginalised in India. There are millions of homeless for whom the difficulty lies not in being able to provide an address-proof, but in having any address at all. Will they ever be able to open a bank account and be able to claim government benefits through Banking Correspondents!



The UID project also has a thrust in strengthening the central government and bypassing local governments – inherent is a notion that peripheral authorities are inefficient. It is the technological core of the central or state level institutions which will displace corrupt middlemen.

The UID project seeks to achieve through technology what politics has been unable to in independent India. If the UID project aims at combating poverty by making the distribution of money from government schemes more efficient, I would think that a similar initiative had been taken after independence – through the legislation on land reforms. But land reforms, i.e. implementing land ceiling and redistribution of excess land, has been subverted by the State in India. Land redistribution could have unleashed an income redistribution which would have gone a long way in fighting poverty.



What I am trying to hint at that people in India are poor not because of inefficiencies in governance, but inefficiencies in governance exist because the class interests of India's ruling elite needs to keep people poor and deprived. The desire to use technology to fight poverty is another attempt by the neo-liberal State to legitimise its rule through reformism. It is quite strange to suggest that the root cause of government schemes not working is because of leakages or duplicate names in the list of beneficiaries. After all one needs to study the comparative figures of how much of money is spent in poverty-alleviation programmes and how much is dolled out in corporate tax holidays or simply as largess to the corporate sector in sell-outs like the multi-crore 3G-telecom scam!



The class basis of the Indian State which has caused various 'shadow' attempts to remove poverty in the past, is likely to hit back against the UID project as well – when they find that the money making and money laundering channels are threatened by this project.

Other than the subversion that one fears at the higher end of the UID hierarchy, I fear that the project can also be subverted at the local level. If the UIDAI proposes to set up a network of Banking Correspondents, as some participants at the workshops pointed out, at the local level it could be the elite who may grab these positions and subsequently seek kick-backs at the the point of handing over cash to the recipient. Technology can be used to transfer money in a cashless manner to the recipient's bank account but the recipient cannot utilise the value without encashing the money.

However, scepticism apart the UID project is a valiant attempt to set the system correct. Given the huge sums of money which are written off as tax holidays to corporates and lost to the exchequer through corruption at various levels, the cost of the UID project seems worth giving a try. The UID is likely to enable the citizens to make greater demands from the state – for having implemented the project the State can no longer blame leakages.



A curious dilemma faces the UIDAI. To make the project attractive and rationalise the costs involved, it needs to advertise the possible benefits it may entail. But the UIDAI itself is not mandated to implement or decide upon the way the UID will be used or what sort of government schemes will be run. Its mandate from the Home Ministry is to give every resident a number and guarantee uniqueness and verifiability. There is nothing anyone can tell the UIDAI on how the number should be used!



Another point to note is that the stress of the UID team is on partnering with “Civil Society” groups. I wonder whether political parties are considered to be part of such “Civil Society”! Certainly there is great scope for the democratic movement to get involved in critiquing the project with an aim to making it more responsive and more effective. There is a great need to generate greater public debate around the project so that the social exclusions can be minimised and the project can be made genuinely people-oriented. There is need for greater vigilance to ensure that the rent-seeking classes do not tinker the project to protect their interests. This is a political issue and political intervention is the need of the hour.


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Indian Insitute of Advanced Study Nandan Nilekani National UID Unique Identification Number
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by Arindam (not verified) on Tue, 2009-11-17 15:45
This is a timely article and

This is a timely article and Arjunda: good arguments on the inefficiency and the class issue!
Though I wonder that there were no details in the workshop regarding the security paradigm that is probably the central concern of the UID. At least, that is what I always thought and this is also corroborated by the fact the UID project has been mandated by the Home Ministry and the UIDIA does not have any say on how the UID database is to be used. It is therefore surprising to see them spelling out so many uses and efficiency-enhancing functions of the UID without having the scope of advertising these so-called advantages! This, all the more, reaffirms my hunch (and many others' I guess) that the project is primarily for national security purposes and it is important therefore how transparently the project is implemented. All this talk about the other service-related benefits that citizens will stand to gain from this project is more an exercise to build general consensus and trust in favour of the project. It is actually high time that all political parties and mass-organizations come out with official and recorded positions and interventions on the UID project. That is really necessary for a democratic, participative and non-exclusionary implementation of the project.

23 - Editorial on Unique Identification Project - Source Pragoti

Sunday, May 23, 2010
40 - Editorial on Unique Identification Projet
CLICK ON TITLE TO SEE ORIGINAL ARTICLE - Posted by Ram Krishna Swamy

Editorial on Unique Identification Project
Thu, 2009-10-08 09:14 | FSMK

The Unique Identification Project spearheaded by former Infosys CEO Nandan Nilekani has been much touted as a major project that will aid the multiple welfare initiatives that are under the purview of the State. Understandably, this project would involve the use of software for maintaining, generating and disseminating databases of millions of people. The Free Software Movement of Karnataka addresses issues related to the project from the perspective of the Free Software Movement. Following is an editorial published in a newsletter of the FSMK.

In this edition we choose to write about an important topic concerning each citizen of India. Let us start this with a simple question. Why do we endorse free software? Free software is 'freedom' software. The user has the full freedom to understand the software (by analyzing the source code), has complete freedom to upgrade or customize according to his need, and can also fix the bugs without any dependency. Freedom to understand a piece of source code is very crucial as far as an individual (or user) is concerned.

We know this, then why are we reiterating this basic question?

The union budget '09 proposed to provide a Unique Identifier (UID) number to each citizen in this country. It is argued that this UID number would help the Government in identifying targeted beneficiaries for various welfare schemes. Various departments based on their needs, would be using this number. Going forward, this UID number would avert the need for multiple proof of identity for citizens like, ration card, electoral card, pan card, etc.(Apart from availing Government services, it would be used for private needs also, such as opening bank accounts or seeking telephone connections). Hence no doubt, the role of this number is very crucial. Taking all these arguments into consideration, the implementation of this project has to take place with utmost care as it carries a very important projected role as far as society's progress, justice and welfare is concerned. Another important aspect is security. The UID database holds very crucial information and is very much important as far as National Security is concerned. Virtually this UID Database holds the key for all kinds of information. Considering the global and national scenarios, this project is of prime importance. The project is very huge. Initial budget estimation is of Rs 120 crores. And for sure it would be revised multiple times before implementation (and can end up 3 to 5 times above budget estimation considering our practical experiences from the industry.) Any one can oversee the complexity of the work which includes construction of a new online database with identity and biometric details of each citizen of India. We feel this includes development of sophisticated applications which may include many tiers, huge databases, different types of reports, packages etc. It may also include interaction with different existing systems, and migration of data from those systems.

So, what has happened?
Well, some disturbing news is heard.

“Microsoft is keen to partner in this project.” We have serious reservations on the involvement of Microsoft in this crucial project. Freedom is each individual's fundamental right. He cannot allow infiltration to his privacy or dictating terms to him. What about a society? A society can be termed as progressive only when each individual's right and freedom is protected. This is exactly the State's role. It should ensure the freedom and well being of each of its citizens. Microsoft is notorious on denial of the freedom (in digital world). Restricting access to source code and not allowing modifications from users is denial of his fundamental right - freedom to know – which is the corner stone of any society's progress. Denial of freedom to know (for a user and in this context the user is Indian government) gives freedom for Proprietary Software companies to infiltrate his(user's) privacy. The sheer number of anti- rust suits against Microsoft and other Proprietary Software makers is a testimony to the monopolistic tendencies of corporates and their utter disregard to the laws of the land, in pursuit of making money by hook or crook. In one of those cases, Microsoft argued that it cannot continue revealing further information to the judge, as the information is closely related to US national security. In short Microsoft is bound by the US Laws and is having strong strategic alliance with US Government, obviously this is in conflict with our national interest as USA can use this alliance for achieving any objectives they wanted (they have also announced Cyber warfare NSPD 16 for crippling any networks across the world, which makes the whole scenario more complicated). All these facts suggest an impending danger is looming on the sovereignty of India if we allow Microsoft in implementing this project. Just imagine how terrible it will be if the presence of malicious code or bugs in Microsoft's proprietary closed source crashes or corrupts the database, where future ofmillions depends. The source code of a project which is having tremendous importance to India, should be owned solely by the Govt. of India and not by Microsoft or any other corporates. A software can be termed as secure only if the freedom to examine or modify the code lies with its user, in this case Govt. of India. As per IT Act 2000, public systems cannot have malicious code inside. IT Act further says, public systems should not cause leakage of sensitive information relating to "privileges of parliament, trade, or other sensitive information". This can only be ensured if public systems are only on Free Software. Besides this, what if Microsoft resorts to steal the most vital and crucial information (as Satyam computers did to World-bank) and thereby destabilizing the country as part of USA's global imperial agenda? It is unimaginable. Another classic example is the case of Venezuela’s state-owned oil company PDVSA, which demonstrated how Proprietary Software is a threat to the sovereignty of a country. (click here for more details).

Apart from the security concerns shared above, we identify Microsoft's attempt as a crooked one! Microsoft sees the huge benefits it could accomplish by involving in this project. Huge budget involvement, support work (in software industry, majority of revenue is churned from the support work, and one can not deny the possibility of introducing bugs in the software for getting the support work!), upgradation work, backward entry to National E-commerce project implementations, increased market penetration and forcing of the implementation of IPR and copy right laws by close association with the policy makers etc are few of the advantages they could easily get! Adding to above, storage, distribution and display formats of this crucial data are very important. Openness and Interoperability are two vital and basic requirements for any standard. It is often correctly noted that the closed standards would drive one in to the folds of proprietary realm and thereby much serious patent complications. We must ensure that vital data of this stature is stored in formats that are open and free of all constraints like royalties, patent claims etc and there by should not allow to be controlled by anyone. Incidentally, this is also time where India's Draft Policy on Open Standards close to finalization, and in a surprise move, Nasscom – a representing body of the industry and MAIT recommended inclusion of standards under RAND terms and the usage of multiple standards in the same domain. Both of these recommendations have serious implications as far as India's interest is concerned. Issues of interoperability (between different standards), complications (on adhering to multiple standards) and high cost (of proprietary standards and bringing one in to the fold of patent issues) are few of the major issues. We suspect Microsoft's role and motivation on Nasscom and MAIT's recommendation. Another disturbing fact is Nandan Nilakeni whom our union ministry entrusted to implement this crucial project. This project can be handled easily by any senior administrative officer who is having prior experience of implementing complex e-commerce applications. He could be biased as his previous company shares, business interest with Microsoft and also they voted for OOXML, much against national interest. Considering his links and role he played in Infosys, the possibility of Infosys being promoted cannot be overruled (and obviously going with the proprietary realm). All indications are that Microsoft is directing heavy lobbying in India for accomplishing its vested interests.

Different studies have shown the superiority of Free Software when compared with Proprietary Software. Robert Francis Group (IBM-sponsored research) found security levels in GNU/Linux generally exceeded those in Windows, providing a more secure and manageable environment out of the box with significantly more functionality in terms of security integration and management. The Linux kernel programming code is better and more secure than the programming code of most Proprietary Software - based on a four-year analysis of the 5.7 million lines of Linux kernal source code conducted by five Stanford University researchers. So we should use only Free Software for the implementation of this crucial project. It is the only way for developing a superior implementation, in a very economical way which is important for a country like India where majority of population is in poverty and destitution.

We fear that this project may lead to giving pathway for the Proprietary Software companies and their products to the ecommerce projects, which is against National interest in different ways – Huge economic loss for the national exchequer, inferior quality products, with future liabilities and the most important one - invoking gross vulnerability to National Security and stability. This needed to be countered at any cost. State should have control on the software products it purchases or develops. We cannot allow these proprietary s/w companies to loot public money for inferior quality products and allowing them to infiltrate in to the freedom of our fellow citizens. We appeal our readers to raise your voice against the infiltration attempts of Microsoft (and other companies who endorse proprietary realm in software industry) and to endorse Free Software for keeping nation's interest forefront.

“The most unfortunate thing is that India still seems to believe in proprietary solutions”