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Tuesday, March 15, 2011

281 -Fight Against UIDAI And Other Illegal Projects - Techno Legal news and Views

Posted on October 18th 2010 by Gunjan Singh

Indian government, especially home ministry, is strongly in favour of an endemic e-surveillance society. Unconstitutional projects like unique identification project of India (UID project of India), Natgrid, CCTNS, etc are solely aimed at enhancing the e-surveillance capabilities of Indian government.

Some fabulous self defence methods have been suggested by Praveen Dalal against the increasing e-surveillance activities of Indian government. According to Praveen Dalal, Aadhar Project is unconstitutional and so is the unique identification authority of India (UIDAI). And so are projects like Natgrid, CCTNS, etc.

In the absence of judicial intervention and usurping of parliamentary powers by the executive, there is little we can expect from Indian government. In these circumstances, self help seems to be the best option.

Another good option is to oppose projects like Aadhar by not becoming a part of the same. Similarly, crucial details, including biometric details, must not be given to UIDAI. Till now Aadhar project and UIDAI have been big failures as none have come forward to become part of the same. All the Indian government and UIDAI could have done in this regard is imposing the same upon illiterate and poor people.

Another option is to file RTI applications against various government departments and ask for the rationale, legislations and expenditures incurred by UIDAI without any parliamentary sanctions. Do not just sit over it, fight for your rights and governmental excesses.

Friday, March 11, 2011

280 - Will New Intelligence Grid Make India a Police State?” - Ravi Visvesvaraya Sharada Prasad 's Blog


SATURDAY, OCTOBER 16, 2010

“Will New Intelligence Grid Make India a Police State?” by Ravi Visvesvaraya Sharada Prasad Published in Asian Age, issue of Friday, 15 October 2010

“Will New Intelligence Grid Make India a Police State?” by Ravi Visvesvaraya Sharada Prasad
Copyright, 2010, Ravi Visvesvaraya Sharada Prasad, being the original author.
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Reproduction and forwarding are strictly prohibited except with the prior written permission of both the original author and copyright holder, Ravi Visvesvaraya Sharada Prasad, and the first publisher, Asian Age.

Ravi Visvesvaraya Sharada Prasad
Tel: {91} 99 90 265 822, 98 118 36 331
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“Will New Intelligence Grid Make India a Police State?” by Ravi Visvesvaraya Sharada Prasad

The National Intelligence Grid (NatGrid), which has just been set up by Home Minister P Chidambaram, will turn India into an Orwellian police state. It has been opposed by Finance Minister Pranab Mukherjee, who argued that it infringes the privacy of citizens, and may be unconstitutional.

Under NatGrid, security agencies will be able to access sensitive personal information of all individuals, such as bank accounts, insurance policies held, property owned or rented, railway and airline tickets booked, income tax returns, driving records, automobiles owned or leased, credit card transactions, stock market transactions, educational background, phone calls, emails and SMSs, websites visited, etc.

Under NatGrid, eleven agencies of the government (including Research and Analysis Wing, Intelligence Bureau, Revenue Intelligence, Enforcement Directorate, Military Intelligence, etc.) will be permitted to easily access computer databases of organizations in the private and public sectors as well as of central and state government agencies, such as banks, insurance companies, stock exchanges, land records, airlines, railways, telecom service providers, educational institutions, credit card issuers, chemical vendors, etc.

On 1 October, the Reserve Bank of India called a meeting of commercial banks in Mumbai to implement procedures by which they would quickly provide information about their customers to computerized inquiries from governmental agencies through NatGrid. Pranab Mukherjee sent a strong note to RBI stating that invading the privacy of bank depositors was not acceptable, and would discredit the entire banking system. It would instead push people into using cash transactions and hawala, Mukherjee warned, adding that this would lead to further tax evasion.

Mukherjee was not convinced by Chidambaram’s assertion that unauthorized persons would not be allowed to access sensitive personal information of Indian citizens, and that the information obtained by NatGrid would not be leaked out, nor used to blackmail or harass innocent citizens.

Today, an Indian citizen has absolutely no legal protection against surveillance by the government. The right of privacy enshrined by the Supreme Court of India in several judgements has been overturned by Parliament by the passage of the Information Technology (Amendment) Act 2008. In the case of R. R. Gopal versus State of Tamil Nadu, the Supreme Court in 1994 held that a citizen had a right to be let alone, and further had “the right to safeguard the privacy of his own, his family, marriage, procreation, motherhood, child-bearing and education among others...” It is noteworthy that no objections were raised in Parliament by any political party when the UPA government passed this Act which removed certain safeguards regarding electronic surveillance.

Prior to the notification of the Information Technology (Amendment) Act 2008 in the Gazette of India on 5 February 2009, phone tapping was governed by Clause 5 (2) of the Indian Telegraph Act of 1885, which was drafted to protect the interests of the British Raj.

5 (2) On the occurrence of any public emergency, or in the interest of the public safety, the Central Government or a State Government or any officer specially authorized in this behalf by the Central Government or a State Government may, if satisfied that it is necessary or expedient so to do in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of an offence, for reasons to be recorded in writing, by order, direct that any message or class of messages to or from any person or class of persons, or relating to any particular subject, brought for transmission by or transmitted or received by any telegraph, shall not be transmitted, or shall be intercepted or detained, or shall be disclosed to the Government making the order or an officer thereof mentioned in the order:

The People's Union for Civil Liberties filed a Writ Petition in the Supreme Court in 1991, challenging the constitutional validity of section 5(2) of the Telegraph Act, arguing that it infringed the constitutional right to freedom of speech and expression (Article 19(1)(a) of the Constitution) and to life and personal liberty (Article 21). In December 1996, the Supreme Court delivered its judgment:

“Occurrence of any public emergency" or "in the interest of public safety" are the sine qua non for the application of the provisions of Section 5(2) of the Act. Unless a public emergency has occurred or the interest of public safety demands, the authorities have no jurisdiction to exercise the powers under the said Section. Public emergency would mean the prevailing of a sudden condition or state of affairs affecting the people at large calling for immediate action. The expression "public safety" means the state or condition of freedom from danger or risk for the people at large. When either of these two conditions are not in exercise, the Central Government or a State Government or the authorised officer cannot resort to telephone tapping even though there is satisfaction that it is necessary or expedient so to do in the interests of sovereignty and integrity of India, etc. In other words, even if the Central Government is satisfied that it is necessary or expedient so to do in the interest of the sovereignty and integrity of India or the security of the State or friendly relations with sovereign States or public order or for preventing incitement to the commission of an offence, it cannot intercept the messages or resort to telephone tapping unless a public emergency has occurred or the interest of public safety. Neither the occurrence of public emergency nor the interest of public safety are secretive conditions or situations. Either of the situations would be apparent to a reasonable person.”

But now, Section 69 of the Information Technology (Amendment) Act 2008 drops all references to the essential criteria of public emergency or public safety, and has thereby circumvented the Supreme Court judgements. Even the Information Technology Act of 2000 only mentioned decryption; interception and monitoring were not mentioned at all there. Section 69 of the new IT Act of 2008 enhances the scope from the 2000 version of the IT Act to include interception and monitoring.

69. Powers To Issue Directions For Interception Or Monitoring Or Decryption Of Any Information Through Any Computer Resource (Substituted Vide ITAA 2008)

(1) Where the central Government or a State Government or any of its officer specially authorized by the Central Government or the State Government, as the case may be, in this behalf may, if is satisfied that it is necessary or expedient to do in the interest of the sovereignty or integrity of India, defense of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence, it may, subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information transmitted received or stored through any computer resource.

The assertions of the National Intelligence Grid that it will have mechanisms to prevent leakage and that it will access only abstracted and approved subsets of information cannot be relied upon. Indeed, in a pending case about invasion of privacy under the Right to Information Act, a High Court observed:

“We have no clear definition of what is meant by "invasion of privacy" within the RTI Act. We have no equivalent of UK's Data Protection Act, 1998, Sec 2 of which, titled 'Sensitive Personal Data', reads as follows: "In this Act "sensitive personal data" means personal data consisting of information as to:

a) The racial or ethnic origin of the data subject. b) His political opinions. c) His religious beliefs or other beliefs of a similar nature. d) Whether he is a member of a Trade Union. e) His physical or mental health or condition. f) His sexual life. g) The commission or alleged commission by him of any offence. h) Any proceedings for any offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court in such proceedings.

If we were to construe privacy to mean protection of personal data, this would be a suitable starting point to help define the concept….”

To sum up, the removal of the essential criteria of “Public Emergency” and “Public Safety” in the amended IT Act of 2008 has permitted a legal situation which permits unfettered surveillance by the government. The amended IT Act of 2008, the National Intelligence Grid, and the Unique Identity Aadhaar scheme could be in violation of the Supreme Court’s rulings that a reasonable expectation of privacy derives from Article 21 of the Constitution. It is imperative that the government passes a Data Protection Act, and formulates stringent rules for surveillance by intelligence agencies. It is significant that the various High Courts of India prominently quote the definition of personal privacy in UK’s Data Protection Act while they hear appeals under the RTI Act.


Ravi Visvesvaraya Sharada Prasad, an alumnus of Carnegie Mellon and IIT Kanpur, heads a group on C4ISRT (Command, Control, Communications and Computers Intelligence, Surveillance, Reconnaissance and Targeting) in South Asia.

Thursday, March 10, 2011

279 - How India can strive for corruption-free society - Express Buzz

P Haridas
First Published : 14 Oct 2010 12:00:00 AM IST

I must congratulate the Central Vigilance Commission (CVC) for involving the citizens of India to explore how to work for a corruption-free India. It is impossible to meet this challenge in a matter of a few years. Unfortunately our great country has been identified as one of the most corrupt countries in the world. This was not so till the 1970s. All citizens of the country who are really dedicated to the nation are concerned about this malaise. Even when there is a common platform it has become the practice to invite someone big who is himself tainted. Therefore there is no gathering of like-minded people who are all committed to the welfare of the nation who can voice their views and take corrective steps.

Today it is widely accepted that there is a price tag for every office that is held mostly in the government sector and sometimes in the private sector. For a corruption-free society there are three important arms which should be totally filled with people with integrity, namely the judiciary, the army and the police.

I, as a student of history, personally feel that no system of government has survived for over hundred years. At one time the Chinese emperors were the world leaders, then the Czars of Russia, the Roman Empire, the Greek Empire and of course our own Bharat, thousands of years back. We have to first find out whether our system of governance is the right one. For a person to get elected he/she has to necessarily meet his/her electorate which runs into lakhs. How does one expect to meet so many people unless money is spent? This generates dishonesty among those who aspire to be representatives of the people. Thus, naturally his/her first goal would be to recover whatever money he/she has spent to get elected. This has a chain of reactions.

So the first suggestion is that only national parties should field candidates and they should spend money for electing their representatives. Thus, the party becomes stronger than the individual. Only at designated places the parties shall enumerate or display their candidates and display the parties’ programmes, projects and their missions.

Even though the high court and the Supreme Court are constitutional authorities, the manner of their appointment leaves much to be desired.

Like the Election Commission there must be a high level judicial commission consisting of five persons of integrity who shall serve for a period of five years. It is this commission that should try to find out persons with integrity for various judicial posts.

With every citizen getting a unique identification card (Aadhaar) and in addition the PAN card the details of every individual can be easily obtained through modern technologies. Similarly there must be a finance commission which shall have three to five members with top integrity which shall decide the financial policy of the country.

All the ministers who are elected can implement their decisions or promises to their constituencies as per the policies laid down by these experts. The sensitive issue of reservation is one more factor that leads to all manipulations for making the unworthy worthy. It may be a tall order to bring the policy of reservation to an end. Only merit and ability should be the consideration. All sections of people should have access to all posts only on the basis of their merits and abilities. Ambedkar himself had given a limit of 50 years for any such reservation.

There must be a national development council whose sole object should be to develop and upgrade the infrastructure and the basic necessities to be provided to citizens. These are just a few stray thoughts that have occurred to me and I am sure that with many more inputs from like-minded patriotic citizens we can make our Bharat a corruption-free nation.

There is no acid test to find out a person’s integrity, loyalty and honesty. The persons who are policy-makers should not have the authority to implement the policies they formulate.

The next question is how do we get such persons, when we have literate and illiterate people who are equally concerned with the progress and development of the nation. Each party should have a strict screening test to identify the honesty, integrity and commitment of the person whom they propose to nominate for election. The test need not be a written one. It could be done by exposing the candidate to public duties and assessing how he/she responds to it. The whole process will be overseen by a group which will impartially assess the candidate. Since such persons will be full time dedicated and involved in the building of the state, they must be kept above wants — this will help them in giving their full time and talent to the nation.

This is only a broad sketch which I agree cannot be put into practice within a particular time schedule but at least we as citizens of India should activate our thought processes so that one day we will have the Bharat which Lord Macaulay observed 175 years back when he saw the Bright India making development in all spheres and wondered how the British could make inroads to grab the sovereignty of the nation.

Our country is the only one proclaiming a value as a mission, namely Satyameva Jayate. Let truth be victorious. I am sure we can see a similar Bharat once again. Jai Bharat. Jai Hind!
(The writer is a senior advocate in Chennai)

278 - The Power of Identity - INCLUSION


In a world of global flows of wealth, power, and images,the search for identity-collective or individual, ascribed or constructed-becomes the fundamental source of social meaning, says  Nandan Nilekani

It succinctly reflects the power of identity1 in today's world and this is no way more evident than in India where thousands are denied basic rights and benefits due to the lack of an identity. The UID (unique identification number, now known as Aadhaar) project2 is a critical component of the inclusive growth that we all seek. If India is going to achieve economic prosperity as well as social equality, we not only have to grow but we have to grow along a path where people are not left behind in the process of change. Identity would be an important aspect in achieving this. A national identification number or National Identity Card number is used by the governments of many countries as a means of providing their citizens, permanent residents, and temporary residents with services in the areas of work, taxation, government benefits, health care, and other governmentrelated functions. The ways in which such a system is implemented varies between countries, but in most cases, an individual is issued a number at birth or when they reach a legal age (typically the age of 18).

In Chile, for instance, the National Identification Number is called RUN (Rol Único Nacional). It is used as a national identification number, tax payer number, social insurance number, passport number, driver 's licence number, for employment, etc. It is also commonly used as a customer number in banks, retailers, insurance companies, airlines, etc.

Since 2004, every newborn baby has a RUN number; before it was assigned at the moment of applying to get the ID card. Non-Chilean residents also get a RUN and an identification card. In China, an ID card is mandatory for all citizens who are over 16 years old. The 18-digit ID card is used for residential registration, army enrolment, registration of marriage/divorce, going abroad, taking part in various national exams, and other social or civil matters.

In Denmark, a Personal Identification Number called a "CPR" number is used in dealings with public agencies, from health care to the tax authorities. It is also commonly used as a customer number in banks and insurance companies.3

In the United States, people have been getting Social Security Numbers for decades. In 1936, the Social Security Administration established the Social Security Number to track worker's earnings for social security benefit purposes. Despite its narrowly intended purpose, the SSN is now used for a myriad of non-Social Security purposes. Today, SSNs are used, in part, as identity verification tools for services such as child support collections, law enforcement enhancements, and issuing credit to individuals.

In India, the purpose of the UID project is very simple; it is to give every Indian resident a unique number, preventing the kinds of duplication that currently exists. The complexity of the issue lies in ensuring that everybody in a population of 1.2 billion gets a unique number, and therein lies an enormous challenge of scale and technology. But issuing a unique number is just one part of the challenge. The other part is making sure that this number is used effectively. For this purpose, the UIDAI (Unique Identification Authority of India) is providing an online authentication capability. In such a scenario, we will be able to verify online anyone claiming to be Mr. XYZ with the unique number 123 as actually being that person. This combination of de-duplication and having unique numbers on one end, and the existence of online authentication at the other end is the core of the solution that the UIDAI is seeking to achieve.

Now, what is the advantage of this? What does the issuance of a number mean in terms of inclusion? The Aadhaar has several important ramifications, the effects of which will be far-reaching. The first is that an Aadhaar will give a person a recognised identity. It is not that people do not have any identity today, but the number will give identity with respect to the State. For people already having driver licences, passports, bank accounts, credit cards and PAN cards, this probably means little. But there are a few hundred million people in the country who face a lot of challenges in proving their identity. They do not have birth certificates; many of them have not gone to schools and, therefore, they do not have school certificates; and there are 75 million homeless families who do not have an address. Without these documents, and when you do not have an address, you have no real, documentary proof of who you are. This failure to prove one's identity denies many facilities to our citizens. For example, if one wants to get a mobile phone today, then one has to go through what is known as the KYC (know your customer) process. Here, the mobile company will actually check and verify an applicant's identity. But for people who have no such documentary proof of identity, it is very difficult to access a mobile phone connection. Similarly, if somebody goes to a bank to open an account, he is unable to do so unless he goes through the bank's KYC process. This absence of an effective identity infrastructure has also been sharply felt by both government and service providers.

In the last few years, we have had significant increases in our social welfare spending, and we have a large number of initiatives that go towards giving benefits to the poor. However, the effectiveness of these efforts are limited due to the problem of proving identity, and reaching these services across the last mile. This becomes particularly important since we are now in a period of rapid economic growth. Such growth can only be inclusive if people across the country have similar levels of access to the opportunities, 36 Building from the Bottom and resources from economic development. The lack of identity however, again limits many millions from accessing the jobs, the opportunities for education, better financial resources, and the chances for entrepreneurship that emerge out of India's growth.



For a population of over one billion, uniqueness of the biometric data is important. It is only then a unique number can be allocated to each resident. The project would be collecting the biometrics of all 10 fingers, face, as well as the iris image of both eyes. Fingerprint biometrics is being collected to ensure easy biometric authentication-the individual would just have to put their thumb on the biometric reader. Iris is being collected as an additional biometric because it can ensure inclusion of the poor- whose fingerprints often get worn out due to physical labour-and to ensure inclusion of children, whose iris images stabilise even as infants, even though their finger biometrics become stable only at the age of 16. Capturing the iris image also helps ensure the uniqueness of the number, since collecting multiple biometrics lowers the chances of errors.

India is not the first country to link identity with biometrics on a national scale. Many countries around the world are using biometrics as basis for identification of citizens. Brazilian citizens have had user ID cards since the beginning of the 20th century. The decision by the Brazilian government to adopt fingerprint-based biometrics was spearheaded by Dr. Felix Pacheco4 at Rio de Janeiro, at that time capital of the Federative Republic. Dr. Pacheco was a friend of Dr. Juan Vucetich,5 who invented one of the most complete 10-print classification systems in existence. The Vucetich system was adopted not only in Brazil, but also by most of the other South American countries. The oldest and most traditional ID Institute in Brazil (Instituto de Identificação Félix Pacheco) was integrated at DETRAN6-(Brazilian equivalent to DMV) into the civil and criminal AFIS7 system in 1999.

The Benefits of Aadhaar
There are clearly benefits from a mechanism that uniquely identifies a person, and ensures instant identity verification. The need to prove identity only once will bring down transaction costs for the poor. A clear identity number would also transform the delivery of social welfare programmes by making them more inclusive of communities now cut off from such benefits due to their lack of identification. It would enable the government to shift from indirect to direct benefits, and help verify whether the intended beneficiaries actually receive funds/subsidies. A single, universal identity number will also be transformational in eliminating fraud and duplicate identities, since individuals will no longer be able to represent themselves differently to different agencies.

A case in point is banking. To mitigate the lack of financial access in India, the regulator has focused on improving the reach of financial services in new and innovative ways-through no-frills accounts, the liberalization of banking and ATM policies, and branchless banking with business correspondents (BCs), which enables local intermediaries such as self-help groups (SHGs) and kirana stores to provide banking services. Related efforts have also included the promotion of core-banking solutions in Regional Rural Banks (RRBs); and the incorporation of the National Payment Corporation of India (NPCI) to provide a national infrastructure for payments and settlements in the country.

    




Advancements in technology such as core banking, ATMs, and mobile connectivity have also had enormous impact on banking. Mobile phones in particular present an enormous opportunity in spreading financial services across India. These technologies have reduced the need for banks to be physically close to their customers, and banks have been consequently able to experiment with providing services through internet as well as mobile banking. These options, in addition to ATMs, have made banking accessible and affordable for many urban non-poor residents across the country.

With the poor, however, banks face a fundamental challenge that limits the success of technology and banking innovations. The lack of clear identity documentation for the poor creates difficulties in establishing their identity to banks. This has also limited the extent to which online and mobile banking can be leveraged to reach these communities.

Therefore, identity enables firstly, access to a variety of services- including public services, financial access, to banking or other financial products-to almost all services.

The second thing that identity enbles along with online authentication capability, is in providing reach. Reach is very important because if one really wants to promote inclusive growth then we have to reach the number to every corner of the country. Because we have identity authentication being done online, and given the growing connectivity across the country, we can now use the mobile network to authenticate one's identity. This will enable us to reach the millions of people who live in our villages. Even today, for example, only six per cent of our villages have bank branches and therefore there are a large number of people whom we are not able to provide financial services to, simply because we do not have the financial infrastructure to do it. Therefore, giving us the reach to bring such financial and other services to every part of the country, through a combination of networking and UID, will be an important part of inclusion. Whether the person is living in urban Delhi or whether he is living in a remote village in Orissa, he would then be able to use the same set of services.

The next important thing that Aadhaar will enable is mobility. Indians are a very mobile people. Today people leave their villages and travel long distances to get jobs. We know that we have a huge migrant population because economic opportunity is not necessarily available everywhere and therefore people have to travel and uproot themselves and go elsewhere. For the poor, such migration is not easy to do today. For example, today you have a migrant who comes from Chhattisgarh. He has no identity in the city even though he may have some proof back in his village. But, because he does not have that proof in the city, he is not able to get a ration card or open a bank account or get a mobile phone.

However, because Aadhaar is a national number-a number which is portable across the country-it will enable authentication of one's identity regardless of where the person is. People will not lose their services and their support systems when they migrate from their homes. This will in turn, aid mobility-mobility for better jobs, better education and better opportunities.

Intrinsic to this is the whole issue of efficiency in public spending. In its Economic Survey for 2009-10, the finance ministry has acknowledged that "in spite of increased government outlays in the sector in recent years, lack of identity proof results in harassment and denial of basic services to the poor and marginalised. As a result, there are still leakages in the programmes/schemes and benefits do not reach the intended groups of individuals in full.8"

Arguing that ensuring identity proof to the intended beneficiaries was crucial to the success of these schemes, the Survey pointed out that this could be achieved through Aadhaar numbers. "Providing identity proof to the poor through the UIDAI will enable smoother delivery of direct benefits to the underserved. Specifically it will improve the delivery of the flagship schemes of the Centre and will prevent leakages as well as wastages in their implementation," the Survey noted.

 We know that due to our growing emphasis on improving welfare for the poor, we are set to spend a lot of money on various social programmes in the coming years. In the last 10 years, we have significantly raised our social spending. This year, the budget for the Natioanl Rural Employment Guarantee Act9 (NREGA) is Rs. 41,000 crore, for Indira Awas Yojana10 (IAY) Rs. 15,000 crore and for Sarva Shiksha Abhiyan11 (SSA) Rs. 15,000 crore. As we have more social programmes, and various rights-right to food, right to education, right to work-get provided for within our welfare schemes we will see spending increase further. This expenditure is ultimately spent on individuals, on beneficiaries. Today, however, because of fundamental problems in confirming the identity of beneficiaries, we have not been successful in reaching benefits to the people who deserve it. The databases are such that there are large numbers of inclusion, as well as exclusion errors. A large number of people are claiming more than their share of public benefits, and there are large numbers of ghosts-people who do not exist but in whose name benefits are being claimed. At the same time, you have millions of deserving people who are not in the system because they do not have any identity. The NCAER (National Council of Applied Economic Research) has estimated for example, that there are over 12 million poor left out from the Targeted Public Distribution System (TPDS).

Reducing these errors and increasing efficiency of public services is a very critical government requirement, especially as we are going to spend more on subsidies for public services. The challenge here is how do we make sure that these benefits reach the right person, and how do we make sure that the truly deserving get the benefit. The Aadhaar will enable us to clearly identify the person receiving a public benefit.

The impact of identifying beneficiaries more effectively would be useful, for instance, within the Public Distribution System or PDS.12 The unique number can share the burden of PDS reform by assisting in the positive identification of individuals and families. This can lead to a high-quality beneficiary database without duplicate and ghost cards, improving the targeting of benefits. Aadhaar will also create an ecosystem for easy implementation of PDS reforms in the long term, like direct benefits transfer. The Aadhaar database can also be used by the PDS system for confirmation of subsidy offtakes by the resident through authentication of the beneficiary's Aadhaar. The efficiency improvements in the PDS system will make it one of the best-run pro-poor schemes in the country. Together, it is a win-win for residents and the Government.

Today, every time an individual tries to access a benefit or service, they must undergo a full cycle of identity verification. Different service providers also often have different requirements in the documents they demand, the forms that require filling out, and the information they collect on the individual. Such duplication of effort and 'identity silos' increase overall costs of identification, and cause extreme inconvenience to the individual. This approach is especially unfair to India's poor and underprivileged residents, who usually lack identity documentation, and find it difficult to meet the costs of multiple verification processes.

Then there is the question of choice. Choice means that I, as a resident of India, should be able to choose who is my service provider for a service. For those in urban India, such choice already exists; if one does not like a mobile company's service, one can buy a mobile service from another vendor. Tomorrow with local number portability, one will also not have to worry about changing one's number. But when it comes to public services, we see that residents lack any choice in the agency from whom they can access the service. If one is on the PDS list, one can only go to one fair price shop. If one has a health record in one's village, one can only visit one ANM (Auxiliary Nurse Mid-Wife) or Asha13 worker to get health services. If there is only one public school in the village, it is the only one that a child can attend. In other words, the poor are denied choice because they have to go to only one provider. When you do not have a choice in public services, then the negotiating power is with your service provider.

Aadhaar will enable people to have a choice; a choice that essentially transfers the negotiating power from the supplier to the customer. This in turn, enables a levelling of opportunity between the rich and the poor. Today we have seen that across India, different people have different levels of opportunity, depending for example, on the state they live in, the community they belong to, and their levels of education. Is there a way with technology to make sure that the rich and the poor, the urban and the rural, the educated and the uneducated all of them have the same access to opportunity, can we level the playing field for them? This is the focus of what the UIDAI is seeking to achieve.

A corollary of this is accountability in government spending. Essentially the audit trails and the financial transaction trails that the number will enable one to figure out where the money is going. This will make expenditure management more transparent, bringing in greater accountability. Aadhaar is fundamental to the way we will deliver public services, fundamental to the way we deliver financial inclusion, fundamental to the way we bring in efficiency of subsidies. If 30 years back, we talked about roti, kapda, aur makaan (food, clothing and shelter) and in the last 10 years we have talked about bijli, sadak, paani, which is infrastructure (power, roads and water), then in the next 10 years, it is going to be about bank accounts, mobile numbers and Aadhaar. All the three are abstract ideas but all of them are tools of empowerment, access, opportunity, and inclusion.

Identity can be the door that will open other doors. Identity enables access to services, like getting a mobile phone or opening a bank account. Identity proof is required to make sure one gets the PDS ration and it is required to get school admission. So, fundamentally an identity enables greater access. As a child, it may be required to get immunisation, as a young student, it is required to get admission or scholarship, as an adult, it is required to get a job. Thus when you look at the whole lifecycle of a person, identity is required at every point.

It is for this reason that we decided to rename the UID as Aadhaar. We wanted a name that had a national appeal, could be recognised across the country and resonate in different languages, besides being easy to remember and say. The 12-digit unique number will be the 'Aadhaar' or foundation through which the citizen can claim his/her rights and entitlements throughout their lifecycle, from a variety of agencies, for a variety of services. We are going to have 800 million people in our workforce by 2020. In order to ensure that they are a source of valuablehuman capital, we must connect them effectively to the services they need in health, education and employment. The number will enable us to implement our long-held vision of 'development with a human face', where people across the country are able to interact with more responsive, accessible institutions and agencies, and where we can move forward on a more inclusive path to growth.

Nandan Nilekani is Chairman, Unique Identification Authority of India (UIDAI)

Select References

1,  Castells, Manuel (1997, second edition, 2004). "The Power of Identity", The Information Age: Economy, Society and Culture. Vol. II. Cambridge, MA; Oxford, UK: Blackwell.
2. " India Undertakes Ambitious ID Card Plan," New York Times, 25th June 2009.…Policy makers see a national ID card as critical to improving the delivery of social services, subsidies and other government programs while also strengthening national security. The Indian government and outside observers have shown that the majority of aid earmarked for the poor does not reach them, and it is hard for the government to detect embezzlement and misuse of funds. If administered properly, experts say a universal ID card could help ensure that most of the billions India and other organizations spend on aid reaches the people for whom it was intended. Today, Indians use a variety of documents to prove their identities, like state-issued driver's licenses, ration cards used for food purchases at government-run stores and a tax identification card that is akin to the American Social Security card…http:// www.nytimes.com/2009/06/26/ world/asia/26india.html?_r=1&ref=global-home
3.  The Civil Registration System in Denmark, Det Centrale Personregister, http:// www.cpr.dk/cpr/ site.aspx? p=303
4.  http://en.wikipedia.org/wiki/Biometrics
5.  http://en.wikipedia.org/wiki/Juan_Vucetich. Also see http://en.wikipedia.org/wiki/ Fingerprinting
6.  http://www.detran.rj.gov.br/_documento.asp?cod=1438
7.  http://en.wikipedia.org/wiki/Automated_fingerprint_identification
8.  Economic Survey, 2009-10. Ministry of Finance, Government of India, available at http:// indiabudget.nic.in/es2009-10/esmain.htm
9.  The Mahatma Gandhi National Rural Employment Guarantee Act aims at enhancing the livehood security of people in rural areas by guaranteeing 100 days of wageemployment in a financial year to a rural household whose adult members volunteer to do unskilled manual work. More details at http://www.nrega.nic.in/netnrega/home.aspx
10.  The objective of IAY is primarily to help construction of dwelling units by members of Scheduled Castes and also Non-Scheduled Castes rural poor living below the poverty line. From the year 1999-2000, it has been decided to earmark 80 per cent to total allocated funds for construction of new houses and 20 per cent funds for upgradation of Kachha unserviceable houses. As per guidelines, tallest 60 per cent of assistance should go in favour of Scheduled Castes beneficiaries under this schemes. More details at http:// bharatnirman.gov.in/housing.html
11.  Sarva Shiksha Abhiyan (SSA) is Government of India's flagship programme for achievement of Universalisation of Elementary Education (UEE) in a time-bound manner, as mandated by 86th amendment to the Constitution of India making free and compulsory education to the children of 6-14 years age group, a fundamental right. SSA is being implemented in partnership with state governments to cover the entire country and address the needs of 192 million children in 1.1 million habitations. The programme seeks to open new schools in those habitations which do not have schooling facilities and strengthen existing school infrastructure through provision of additional class rooms, toilets, drinking water, maintenance grant and school improvement grants. More details at http://ssa.nic.in/
12.  With a network of more than 400,000 Fair Price Shops (FPS), the Public Distribution System (PDS) in India is perhaps the largest distribution machinery of its type in the world. PDS is said to distribute each year commodities worth more than Rs. 15,000 crore to about 16 crore families. More details at http://fcamin.nic.in/dfpd/ EventListing.asp?Section=PDS&id_pk=1&ParentID=0
13.  One of the key strategies under the National Rural Health Mission (NRHM) is having a Community Health Worker i.e. ASHA (Accredited Social Health Activist)-a trained female community health specialist-for every village with a population of 1000. Selected from the village itself and accountable to it, the ASHA will be trained to work as an interface between the community and the public health system. More details at http://mohfw.nic.in/NRHM.htm

277 - Eminent Indians against unique identity number - The New Nation

From Gopal Krishna
October 15th 2010

Some eminent personalities in India have opposed a project to give each citizen a unique identify number. In a statement they have said, the project that proposes to give every resident a 'unique identity number' is a matter of great concern for those working on issues of food security, NREGA, migration, technology, decentralisation, constitutionalism, civil liberties and human rights. The process of setting up the Authority has resulted in very little, if any, discussion about this project and its effects and fallout. The documents on the UIDAI website, and a recent draft law (the National Identification Authority Bill, which is also on the website) do not provide answers to the many questions that are being raised in the public domain. This project is intended to collect demographic data about all residents in the country. It is said that it will impact on the PDS and NREGA programmes, and plug leakages and save the government large sums of money. It would, however, seem that even basic procedures have not been followed before launching on such a massive project.

Before it goes any further, we consider it imperative that the following be done:

Do a feasibility study:
There are claims made in relation to the project, about what it can do for PDS and NREGA, for instance, which does not reflect any understanding of the situation of the situation on the ground. The project documents do not say what other effects the project may have, including its potential to be intrusive and violative of privacy, who may handle the data (there will be multiple persons involved in entering, maintaining and using the data), who may be able to have access to the data and similar other questions.

Do a cost:benefit analysis:
 It is reported that the UIDAI estimates the project will costs Rs 45,000 crores to the exchequer in the next 4 years. This does not seem to include the costs that will be incurred by Registrars, Enrollers, internal systems costs that the PDs system will have to budget if it is to be able to use the UID, the estimated cost to the end user and to the number holder. In a system such as this, a mere statement that the UIDAI will deal with the security of the data is obviously insufficient. How does the UIDAI propose to deal with data theft? If this security cannot be reasonably guaranteed, the wisdom of holding such data in a central registry may need to be reviewed.

The involvement of firms such as Ernst & Young and Accenture raise further questions about who will have access to the data, and what that means to the people of India.

Constitutionality of this project, including in the matter of privacy, the relationship between the state and the people, security and other fundamental rights.

Questions have been raised which have not been addressed so far, including those about -

Undemocratic process: UIDAI was set-up via a GoI notification as an attached office of the Planning Commission without any discussion or debate in the Parliament or civil society. In the year and a half of its inception, the Authority has signed MoUs with virtually all states and UTs, LIC, Petroleum Ministry and many banks. In July, the Authority circulated the draft NIA Bill (to achieve statutory status); the window for public feedback was two weeks. Despite widespread feedback and calls for making all feedback public, the Authority has not made feedback available. Further in direct contravention to the process of public feedback, the NIA Bill was listed for introduction in the Lok Sabha 2010 monsoon session

Privacy (It is only now that the DoPT is said to be working on a draft of a privacy law, but nothing is out for discussion even yet)

Surveillance: where this technology, and the existence of the UID number, and its working, could result in increasing the potential for surveillance

Profiling

Tracking

Convergence, by which those with access to state power, as well as companies, could collate information about each individual with the help of the UID number.

National IDs have been abandoned in the US, Australia and the newly-elected British government. The reasons have predominantly been: costs and privacy. If it is too expensive for the US with a population of 308 million, and the UK with 61 million people, and Australia with 21 million people, it is being asked why India thinks it can prioritise its spending in this direction. In the UK, the Home Secretary explained that they were abandoning the project because it would otherwise be 'intrusive bullying' by the state, and that the government intended to be the 'servant' of the people, and not their 'master'. Is there a lesson in it for us? In the late nineties, the Supreme Court of Philippines struck down the President's Executive Order A.O 308 which instituted a biometric based national ID system calling it unconstitutional on two grounds - the overreach of the executive over the legislative powers of the congress and invasion of privacy. The same is applicable in India - UIDAI has been constituted on the basis of a GoI notification and there is a fundamental risk to civil liberties with the convergence of UID, NATGRID etc.

The UIDAI is still at the stage of conducting pilot studies. The biometric pilot study has reportedly already thrown up problems especially among the poor whose fingerprints are not stable, and whose iris scans suffer from malnourishment related cataract and among whom the incidence of corneal scars is often found. The project is clearly still in its inception. The project should be halted before it goes any further and the prelude to the project be attended to, the public informed and consulted, and the wisdom of the project determined. The Draft Bill too needs to be publicly debated. 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.

We, therefore, ask that:
o The project be halted,
o A feasibility study be done covering all aspects of this issue, o Experts be tasked with studying its constitutionality,
o The law on privacy be urgently worked on (this will affect matters way beyond the UID project),
o A cost benefit analysis be done,
o A public, informed debate be conducted before any such major change be brought in.

(Signatories to the statement on the UID included: Justice VR Krishna Iyer, retired judge, supreme court of India,
Prof Romila Thapar, historian,
K.G.Kannabiran, senior civil liberties Lawyer
Kavita Srivastava, PUCL and Right to Food Campaign Aruna Roy, MKKS, Rajasthan
Nikhil Dey, MKKS, Rajasthan
S.R.Sankaran, Retired Secretary, Government of India
and Deep Joshi, Independent Consultant.)

276 - Lack of Parliamentary nod for UID is matter of grave concern: RS MP

Hyderabad Oct 13 (INN):

Rajya Sabha Member Azeez Pasha on Wednesday expressed his indignation at the decision of the Centre to go ahead with implementing the Unique Identity (UID) project without the approval of the country’s Parliament and without any study is a matter of grave concern.

Talking to INN, Mr Azeez Pasha said that the decision of the Union Government to go ahead with the project, which is estimated to cost around Rs 1,50,000 crore without the approval of the representatives of the people of the country is shocking.

He reminded that the decision to allocate the budget for setting up the UIDAI was passed without any discussion in Parliament as this was included in the General Budget.

The MP pointed out that the Unique Identification Authority of India (UIDAI) plans to use the census data to issue AADHAR numbers which envisages recording ten finger prints and iris of all people residing in India. He said that if the claims by the government that the UIDAI project would prevent leaks in the Public Distribution System (PDS) were true, this would be a welcome solution.

The Rajya Sabha Member stated that even a cursory study of the project would create doubts about the impossibility of the achievements of the objectives as claimed by the Government.

He pointed out that many countries like Australia, China, Canada, Germany abandoned similar projects after taking them up. Mr Azeez Pasha pointed out that the Government of the United Kingdom too scrapped the national identity card project in June 2010.

The reason behind the decision to scrap or abandon projects similar to the UIDAI projects is because such projects infringe on norms of privacy, confidentiality and security of personnel information. He added that the scheme is extraordinarily expensive, especially for a country like India.

The Rajya Sabha Member stated that there is an unrealistic assumption behind the project that technology can be used to fix the ills of social inefficiencies. The benefits from the project in terms of raising the efficiency of government schemes appear to be limited, he said.

Mr Azeez Pasha also handed out some reasons for his objections to the UID project and said that the government has skipped public debate around criticisms and alternative suggestions.

The reasons handed out by him are:-

DATABASE SECURITY NOT ASSURED:- India does not have any robust legal frame work or infrastructure for cyber security and has work capabilities in this area several of our high security data bases have been hacked in the recent past the huge amount of personnel information collected on the UID database will most likely not be adequately protected.

MISUSE OF DATA:-The centralized data based where personnel data will be stored can easily be linked with other database such as employees state insurance corporation and data bases maintained by the police and intelligence agencies. This raises the risk of functionality creep as for instance the use of the UID database for policing and surveillance.

The bill does not does not have any provisions to penalize misuse of data by authorized persons (E.g. :-UIDAI officials) and therefore has an in built potential for use of personal data to identify and eliminate Maoists, Terrorists, Habitual offenders, Political opponents and others who are perceived as threats by those in power.

Several countries Including Australia, China, Canada and Germany have tried such projects and had given these up as impractical unjustified and dangerous. U.K. government withdrawn and scrapped their national identity card project on June 2010.

VIOLATION OF PRIVACY AND CIVIL LIBERTIES:- The UID schemes violates the right of privacy, international law and India domestic law have set clear standards to protect and individuals privacy from unlawful invasion. Under the international convenient on civil and Political Rights (ICCPR) ratified by India, An Individual’s right to privacy is protected from arbitrary or unlawful interference by the state.

UNJUSTIFIABLE COSTS:-The UID project has been launched without a feasibility study or cost-benefit analysis. The pilot to test the technology is being rolled out in Andhra Pradesh in September 2010 well after the drafting of the Bill. The current costs are estimated at rupees 45,000 crore. A budget provision of Rs 1950 crore has been made for the current year, of which over 200 crore has already been spent.

The cost of a fingerprint reader at this time is around USD 50. The total costs of placing finger print readers in each PDS outlet and in each of India’s 600,000 villages have not been taken into account in official cost calculations.

BYPASSING OF PARLIAMENT AND DEMOCRATIC PROCESSES:- The UID Authority has been set up with considerable powers and resources, without any approval from Parliament or discussion in the public domain about the necessity of such a scheme. In the absence of a Constitutional provision or legal framework such as that set out in the proposed bill all the actions of the UIDAI are technically unconstitutional and illegal. There is no transparency either on decisions or on expenditure no oversight and no mechanisms for accountability in the functioning of the UIDAI.

FALSE CLAIMS:- These claims are false and unjustified exclusion and leakages are not caused by the inability to prove identity they are caused by the deliberate manipulation of the system by those who have the power to control the flow of benefits.

275 - Don't worry about privacy - The Financial Express

Sunil Jain
Posted: Tuesday, Oct 12, 2010 at 2230 hrs IST

Can the UIDAI be used for religious profiling or to collect data about an individual’s spending habits? What about identity theft?

According to UIDAI authorities, the structure of the database is such that you cannot query it; it is like a black box. So, you cannot ask it, for instance, to give you all the names ending with Jain along with their addresses. Nor can you ask it for all the names of individuals residing in an area with a particular pincode. Since all that the database has is a name, sex, age, address, fingerprints, photograph and an iris-scan, there is no question of having information about spending habits. Since the database has been developed to only answer a simple yes/no, the UIDAI authorities claim identity theft is not possible.

Sponsoring a ‘Project Get MyIris’, with a reward of say a million dollars to a person who can hack into the system, to get your biometrics including the iris details, wouldn’t be a bad idea to set everyone’s hearts at ease!

If it can’t be queried, how does it work?

It can be queried to answer yes/no to items within the database. Once you get UIDAI’d, or Aadhar’d to use the project’s brand name, you get a laminated, waterproof, tear proof paper that can last 20 years. (In case you forget your number, or lose the paper, you can, with your fingerprints, get a duplicate ID number.) So, let’s say the income tax authorities start asking for UIDAI numbers while issuing PAN cards, and now want to check if the person with the UIDAI number ABCD1234 is Sunil Jain, it will get a yes/no answer. If you submit the fingerprint of a person and ask if this is Sunil Jain, you will get a yes/no. If you ask for a fingerprint of Sunil Jain, the database is not programmed to give it to you.

Can the programming be changed to allow for this in the future?

Theoretically it can, but UIDAI authorities say the plan is to keep it this way. In addition, there are various other checks to protect the database. But since the database does not keep information on incomes or credit card histories, the incentive to hack into it is low.

Is it possible to get a fake UIDAI number?

You can, but you can never ever get another UIDAI number under another name. So, if an individual X goes and gets a UIDAI number under he name Y, she can never apply for another UIDAI number. Say, she does. The system will automatically reject her saying there is already another person with the same biometrics in the system. That is, the incentive to game the system is zero. In case you wish to have your ID changed, say you no longer think having an Amitabh Bachchan ID is helping, you can get it changed after submitting your biometrics again. But no person can ever have more than one UIDAI number.

How do you get a UIDAI number?

Each state government appoints registrars and they, in turn, could appoint a UTI or a Wipro as an enrolment agency. Go to the enrolment agency and get yourself a number.

Do they ask for any proof of address?

Yes. There are 17 documents that can be used as proof of identity, ranging from a PAN card to photo IDs issued by recognised educational institutions. There are other documents that are to be used as proof of address.

What if you don’t have an address? And will the UIDAI go and check if the person actually lives at the address given?

If you don’t have proof of address, as in you’re a migrant, there is the concept of introducers and they can vouch for you. This could be the Panchayat head, for instance. No check of the address will be done, but this is where your UIDAI number will be sent.

How do you find an introducer if you are a migrant worker?

UIDAI has just tied up with an alliance of 20+ NGOs that work with migrants. So the NGO will find a way to help. In the case of Delhi’s homeless who were given UIDAI numbers, the homeless shelters they lived in were entered as the address. The design execution is kept flexible.

Can I be the introducer for my maid servant?

Not right now! Since there is no penalty for introducing the wrong person, the idea is to limit the introducers to certain types of officials the government trusts. In Andhra Pradesh, the government has appointed the NREGA department as the introducer. As a last resort, the UIDAI can also appoint introducers and get them registered with it. So, DLF can be registered as an introducer given the number of migrant labourers it works with, or even TeamLease given its status as the largest temping agency in the country. But that’s in the future.

work with ration cards and how will it certify the income of the person getting the card?

UIDAI cannot certify the income of a household. So, in case of Delhi, the government will get a survey done to identify the poor and to give them ration cards. If they have UIDAI numbers, these will be fed on to the card. If this will be a smart card, with my biometrics (collected by the Delhi government) or with my UIDAI number, each time I buy rations, my card will reflect this. Now let’s say that one person tries to get three ration cards, as a brother in one, a father in another and a son in the third, the Delhi government’s computer will be able to spot that one UIDAI number figures three times. But if there’s a rich person who has a BPL card, the UIDAI can do nothing to detect this.

So how can that be done?

If the Delhi government wants, it can run its UIDAI numbers against those with the Income Tax Department or those with various property registries or some other database. If the numbers are common, the ration card can be rejected.

Does the UIDAI pay money to people who get numbers?

The 13th Finance Commission has allocated Rs 100 for each person in case a state has 100% coverage of BPL households. So if the state government wishes, it can make a payment.

Is UIDAI a substitute for KYC?

Not yet, but RBI is considering this. Last fortnight, RBI called a meeting with all banks where UIDAI authorities demonstrated how the UIDAI number could be used to make financial transactions in faraway villages. The UIDAI is discussing the possibility of using UIDAI for telcos as a substitute for the KYC required as per the rules.

Why should a poor person get a UIDAI number?

Today, any person getting government money, through NREGA or various health and other schemes, has to go to a designated office to check on whether the money has arrived. This could end up wasting precious days of working time and involve significant transport costs. If a person has a UIDAI number and uses this to open a Post Office account, the money can be electronically wired by the government. While sitting in the village, using the Banking Correspondent in her village, she can get to know if the money has arrived and then withdraw it. Zero transaction costs.
you let the poor know of these benefits?

UIDAI itself has a Rs 50 crore budget for advertising this year. There is no limit to the budgets the states have....

274 - What happens if you refuse a UID card? - Rediff

October 08, 2010 10:55 IST

What happens if you refuse a UID card because you believe it violates your civil liberties?
Can the government deny you your rights because of this?

Vicky Nanjappa finds out.

It is just a matter of time before every Indian possesses a 16-digit Unique Identification number that will set her/him apart from a billion fellow countrymen.

Questions have been raised if the Centre will make the card compulsory for every Indian citizen.

M N Vidyashankar, principal secretary, department of information and technology, explains to Rediff.com, "Every resident of India [ Images ] is entitled to a Unique Identification number. The procurement of the UID is subject to the fulfilment of certain procedural requirements. The Unique Identification Authority of India does not make it mandatory to have a UID number."

"It remains to be seen how the respective state governments will implement this project," Vidyashankar added.

"The decision to deny certain rights to a citizen who refuses a UID is completely at the state government's discretion," the principal secretary, IT, pointed out.

Article 21 of the Constitution clearly states that every citizen has the right to liberty.

The personal information furnished by citizens for the UID will be stored in a common government database, which could easily be misused.

The Union government, sources added, is in no hurry to assign UIDs and is planning a gradual implementation of the scheme.

The pace notwithstanding, the Centre would like to ensure that every Indian gets an identification number, which, some government officials believe, is imperative for security-related issues.

In due course, the government could ensure that a UID is required for even simple tasks like opening a bank account, filing income tax returns, applying for a passport or a driving licence.

The government plans to complete this entire process in the next five years.

After the government issues a circular in local newspapers citizens will need to go to the enrolment office with evidence that they are Indian citizens, and proof of their age etc.

S/he will be fingerprinted and photographed at the enrolment office.

The UID card will be issued in 20 days.

273 - Why Indians should fear the UID - Praful Bidwai

October 12, 2010 10:11 IST
by Praful Bidwai

The Aadhaar or UID project has grave implications for every Indian. It will enable the government to profile every citizen and track their movements and transactions.

There is no guarantee that intimate personal information -- pre-existing illnesses, romantic relationships etc -- won't be shared with other agencies, warns Praful Bidwai.

An elaborate charade has begun with the rolling out of the first Aadhaar unique identity numbers in a tribal district of Maharashtra [ Images ] by Prime Minister Manmohan Singh [ Images ] and Congress President Sonia Gandhi [ Images ].

At its core is the pretence that giving a unique 12-digit number to each underprivileged citizen will achieve what hundreds of welfare schemes, and numerous efforts to control corruption, have failed to accomplish: Namely, pilferage-free delivery of services to the poor.

Aadhaar, meaning support, foundation or sustenance, is being projected as a magic wand -- just what the poor need from a benevolent State. The paternalism cannot be missed.

Aadhaar's legitimacy is pinned on benefiting the underprivileged. But as with all magic wands, this could prove illusory.

Aadhaar is supposed to ensure that grain will not be diverted from the public distribution system, and that corruption will be eliminated from the National Rural Employment Guarantee Act in which 15 to 20 percent of funds are pilfered.

This is to be achieved by collecting basic information (name, address, parents' names, date of birth, etc) and biometric data (photographs, all 10 fingerprints, iris scans) for each resident.

This will be used to generate a UID to conduct all manner of transactions: From buying rations on below-poverty-line cards, to NREGA enrolment, to opening a bank account. It's claimed that the UID will ensure non-duplication and hence eliminate leakage. As we see below, this claim is excessive, if not specious.

Aadhaar's origin and real purpose are rooted in 'national security', including surveillance, profiling and tracking of citizens.

The UIDs will be fed into a database to be shared with Natgrid (National Intelligence Grid), which includes 11 security and intelligence agencies (Intelligence Bureau, Research and Analysis Wing, CBI, Central Boards of Excise and Direct Taxes, etc).

Natgrid, to be created by next May, will provide real-time access into 21 databases -- including bank account details, credit card transactions, driving licences, and travel records.

An intelligence official has been quoted as saying, "Once you feed in a person's name, you will get all the details about him, across all the databases."

These include the colour of his/her car, the traffic fines to be paid, and the last time he/she paid by card for a late-night dinner.

However, Aadhaar is being dishonestly marketed as a social security-related scheme. Eminent economist and food rights activist Jean Dreze deplores this.

From the right of the spectrum, former Intelligence Bureau director A K Doval welcomes the deception, and admits that Aadhaar was 'intended to wash out the aliens and unauthorised people... Now, it is being projected as more development-oriented, lest it ruffle any feathers.'

This deception violates transparency and public trust. Yet, the chair of the Unique Identification Authority of India [ Images ] (UIDAI), Nandan Nilekani, claims Aadhaar is about 'inclusivity... a better quality of public service delivery, it's about giving people, who have been denied identity, a chance.'

The claim is carried to farcical extremes by Aadhaar's apologists, who say it is the only protection for India's 250 million migrant workers against summary eviction.

This is rich, given the Indian State's record in displacing 45 million people since Independence and in bundling 100,000 poor families out of Delhi [ Images ] and forcibly 'repatriating' migrant workers for the Commonwealth Games [ Images ].

But we are asked to believe that the State has suddenly turned benign and wants to deliver services efficiently to the poor through Aadhaar.

The NIAI starts with the premise that 'in many areas (NREGA) wages continue to be paid in cash' and there is massive duplication of job cards. This is factually wrong.

Since 2008, NREGA wages have been paid into bank accounts, reducing corruption. Today, 83 percent of job-cardholders have accounts.

Yet, as economist-activist Reetika Khera points out, 'Three ways of siphoning off money remain -- extortion, collusion and fraud. Extortion means that when 'inflated' wages are withdrawn by labourers from their account, the middleman turns extortionist and takes a share. Collusion occurs when the labourer and the middleman agree to share the inflated wages... Fraud means that middlemen open and operate accounts on behalf of labourers...'

UID can at best help prevent 'fraud', not collusion or extortion, which are far more common. A great deal of corruption is not wage-related, but materials-related. Sarpanchs collude with officials to create fictitious records of building-material supplies.

Aadhaar cannot tackle this. Only transparent accounting and supervision and verification can.

Similarly, the UIDAI attributes PDS leakages to duplicate ration cards. But duplication has dropped significantly after computerisation of records and hologrammed cards. It is as low as two percent in Tamil Nadu and eight percent in Chhattisgarh.

Khera says, 'There are two major sources of leakage within the PDS -- one, diversion of grain, en route to the village ration shop. Dealers then appear helpless saying that they have been issued less... Two, dealers undersell (for example, only 25 kg out of the 35 kg entitlement) and yet make people testify on official records that they got their full quota.'

Neither leakage can be tackled by Aadhaar. Unless people have the choice to go to another dealer, they will remain in the grip of the corrupt shopkeeper. But this needs a new supply-chain management system.

That demolishes the claim of portability of benefits. The claim of inclusivity is similarly vacuous. The authority's document says that 'the NREGS programme can be used to enrol residents into the UID programme.' But this cannot produce inclusion.

It only admits that Aadhaar needs the existing PDS and NREGA databases to enrol people. The PDS-NREGA do not need Aadhaar.

If the government wants to reach those excluded from social programmes like homeless temporary migrants, it can open community kitchens.

In fact, by making Aadhaar a condition for delivering services, the government will exclude those who don't have UIDs. This is perverse. It ialso contradictory.

On the one hand, UIDAI officials claim Aadhaar will accurately target the poor and break the barriers that prevent them from accessing services.

On the other, UIDAI openly says it's 'in the identity business. The responsibility of tracking beneficiaries and... service delivery will continue to remain with the respective agencies. The UID number will only guarantee identity, not rights, benefits or entitlements.'

The Aadhaar project has grave civil liberty implications. It will enable the government to profile citizens and track their movements and transactions.

There is no guarantee that intimately personal details -- pre-existing illnesses, romantic relationships, anonymous donations -- won't be shared with other agencies.

The designated registrars include private operators as well as state governments, the Life Insurance Corporation and banks.

Also involved are multinational firms like Ernst and Young and Accenture. Already, Apollo Hospital has applied for managing the health records in the Aadhaar database.

That is not all. The draft NIAI Bill says the authority will maintain details of every request for identity authentication and that identity information may be disclosed in the interests of 'national security'. These clauses permit the tracking of citizens.

Experience shows that whenever the government gets excessive authority, it is misused. That is what happened with our anti-terrorism acts and is happening with the Armed Forces Special Powers Act and Public Safety Act in numerous states.

Excessive reliance on technology, especially to tackle special problems like corruption, can be disastrous. Technologies can fail.

Biometric readings can go wrong if power supply fails -- as happens virtually daily in most of India. Biometric readings may produce misleading results, as the authority admits, 'in Indian environmental conditions (extremely hot and humid climate and facilities without air-conditioning).'

People with low-quality fingerprints (construction workers) and with cataract/corneal problems can pose problems for fingerprints and iris scans.

Between 10 and 60 million people could be excluded from UID due to such errors.

Aadhaar poses serious data security problems. ID card schemes, says a London [ Images ] School of Economics study, are 'too complex', technically unproven and 'unsafe'.

All kinds of supposedly secure databases/Web sites, including those of India's defence ministry and the Pentagon [ Images ], have been hacked. Data theft and transfer to intelligence agencies or corporations have potentially horrendous consequences.

That is one reason why many countries including the UK, US and Australia [ Images ] have abandoned national ID cards. Another is the high cost.

According to reports, UID's per person cost is estimated to have jumped from Rs 31 to between Rs 450 and Rs 500. Aadhaar will therefore probably cost something like Rs 150,000 crore (Rs 1.5 trillion).

The Planning Commission is already allotting it Rs 35,000 crore to Rs 45,000 crore (Rs 350 billion to Rs 450 billion) over the next five years to cover only half the population. This is astronomical for a scheme with dubious benefits.

Yet, the Aadhaar project is being pushed through without a legal basis, and without public or parliamentary debate.

UIDAI was created by an administrative order -- and before any proof of concept studies were commissioned. Aadhaar numbers are being rolled out even before the relevant bill is tabled in Parliament.

The process is profoundly undemocratic and the project thoroughly misconceived. It must be halted at once.

272 - Prof Jean Dreze on drought and NREGA


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271 - NREGA 'breaking the feudally enforced silence' - One World South Asia


09 July 2009

The flagship programme of the Congress-led alliance in India for rural employment helped the incumbent government come to power for another term, say social activists Aruna Roy and Nikhil Dey. With an increase of 144% budgetary allocation for the NREGS, the government has shown a strong commitment for inclusive growth.

Suddenly the National Rural Employment Guarantee Act (NREGA) has become a buzzword. It stands vindicated by the mandate of the people in its most basic evaluation in a democracy – the general elections. Basking in the glory and security of post-electoral analysis, it is actually the best time for those who support the basic philosophy of the NREGA to focus on what it has done and what it has not, by its own parameters.

An opportunity for rural renewal, an NREGA project
site in Rajasthan/ Photo credit: The Hindu
An opportunity for rural renewal, an NREGA project site in Rajasthan/ Photo credit: The Hindu
The first and the primary focus should be to examine its impact on the human resource base of rural India. Has it energised, mobilised, empowered, and delivered to India’s poorest and most marginalised rural people?

Secondly, has it provided those who were “not shining” a measure of dignity, tangible economic benefit, and a motivation to participate in local action? This is the crux, for, something as vast and ambitious as the NREGA can only succeed in bringing about change if millions of workers become its true advocates and monitors.

Let us begin with the most persistent charges of endemic corruption. Notwithstanding negative propaganda and the prominent reportage of corruption, NREGA stands apart from employment and poverty alleviation programmes in significant ways.

It is the first national programme of consequence which has woven transparency and accountability into the mundane fabric of daily interaction of people with government.

"It is the first national programme of consequence which has woven transparency and accountability into the mundane fabric of daily interaction of people with government"
The cases of reported corruption have shocked the intelligentsia. The rural worker might often be the victim but will still offer critical support, not only because it has provided wage income, but also for facilitating disclosure, which helps identify and fight pilferage. In fact, in many cases, scams have been exposed by the workers themselves.

NREGA gives an opportunity to break the feudally enforced silence of its victims. Through transparency and social audit measures, it allows anyone, anywhere to be part of the monitoring of the delivery system. The other programmes appear to be clean only because no one knows what goes on!

The NREGA gives a further opportunity to realise the Constitutional sovereignty, the power of the people. What the political establishment would do well to understand is that the vote was not a blind endorsement, but the expression of a fragile hope of a rational participatory relationship with the government.

New claims

The NREGA has opened up a unique legal space for the poor, with a consequent, legally-mandated obligation on the administration to deliver. In fact, implementation rests on the simple philosophy that ordinary people will go to great lengths to procure their entitlements, given the space to do so.

Apart from systemic corruption, we are all aware of the chronic inefficiency, unwillingness and incapacities of the bureaucratic system to deliver entitlements for the poor. The persistent argument was that in this context implementation would be impossible.

The NREGA sought to create real opportunities and legal spaces, with the belief that people will begin to push to overcome bureaucratic and political resistance. The electoral endorsement over, it is a good time to begin to examine this aspect of bottom-up implementation. Does the rights-based approach really work?

The Act has a number of “trigger mechanisms” designed to activate and establish people’s entitlements. One such trigger is the right to have a Job Card. The Act mandates that anyone who applies at their Panchayat for a Job Card must be given one within 15 days.

"The Act has a number of “trigger mechanisms” designed to activate and establish people’s entitlements. One such trigger is the right to have a Job Card"
Without a Job Card, people cannot even apply for work, nor corroborate the records. It is a “license” and “pan card” of the wage worker’s family, with a record of days of work and wages received during the year. There are many States where large numbers of people have demanded, but not received, Job Cards.

In many Panchayats, the Job Cards are in the control of implementing agencies. Publicising the Job Card as a record of individual entitlements, to be updated by the authorities, and kept in possession of the workers, would ensure the NREGA is monitored by its workers.

Crucial accountability

The application for work and the dated receipt are crucial to trigger the demand for work. The receipt is also the basic record for claiming unemployment allowance if the work is not provided within 15 days.

States like Rajasthan have fared well in providing Job Cards, and providing work within 15 days, but resistance to giving dated receipts has become a massive problem. No State has effectively activated this important mechanism. Nevertheless, it has worked when workers groups have got organised.

In the 30 years of existence of its precursor, the Maharashtra Employment Guarantee Act, there is no recorded instance of payment of unemployment allowance. The NREGA has already recorded payment of unemployment allowance to large numbers of workers in chronically poorly-administered areas.

The successful people’s struggles for the payment of unemployment allowance – in Barwani District of Madhya Pradesh, Raichur of Karnataka, Bolangir, Navrangpur and Kalahandi of Orissa, Latehar in Jharkhand, Sitapur District of UP – has been a breakthrough in accountability, and an inspiration to other workers struggling for entitlements.

The payment of unemployment allowance emanates from an administrative lapse, and is eventually deducted from the pocket of erring officials. It is not a freebie doled out of the government exchequer. Like the Right to Information Act, this has created an important mechanism for enforcing the right while holding the bureaucracy accountable.

The wage under NREGA has been another trigger and indicator of its success. The wage rate, the measurement system, and the timely payment of wages have all become part of the entitlement package. Thanks to NREGA, minimum wages have, for the first time, become a real factor in determining the lower limit for market wages. There are many ongoing struggles for the payment of minimum wages; and adopting a transparent measurement system for every work-site is a management challenge that has thrown up many grassroots solutions.

Bottlenecks

Wage payments through NREGA have initiated the biggest “financial inclusion” drive, with the requirement that all wage payments be made through banks and post offices. The engineers, the accountants, and the post offices have been unable to cope, and late payments have begun to cripple the Act.

Students and Academics, working together with workers’ organisations in Khunti District in Jharkhand, have operationalised the entitlement in the NREGA to get Rs 2,000/- per worker paid to over 300 workers as compensation for delayed payment under the provisions of the Payment of Wages Act.

The Khunti payment, made last month, has once again demonstrated that the solution to the vexatious issue of late payments lies in the entitlement framework.

The uneven implementation in different States has shown that where people’s struggles have gained political and administrative respect, the NREGA has shown tangible results on a massive scale. It is that battleground of struggle that could well determine the future of the political discourse in this country.

"The uneven implementation in different States has shown that where people’s struggles have gained political and administrative respect, the NREGA has shown tangible results on a massive scale"
The Government of India has transferred adequate money to the States and Districts to make timely wage payments. C.P. Joshi, the current Union Minister for Rural Development and Panchayati Raj, was reported to have talked about his party prospects in the polls being negatively affected because of late wage payments in Rajasthan.

As Union Minister now, if he were to exercise his administrative and political will to ensure compensation is paid to those receiving delayed wage payments, the lethargic bureaucratic system will find a way to respond. Chronic delays in wage payments during the drought in Rajasthan became a political issue, and the delays were wiped out. Innovations and mechanisms respond to a bottom-up demand, but do so best when the political establishment puts pressure.

The NREGA also assures an adequate, realistic provision for administrative expenses. At the current six per cent of total costs which has been allowed for administrative costs, there is no legitimacy in citing a shortage of staff or resources for bureaucratic delay.

In Rajasthan, for instance, the over 7,000 crores spent on NREGA last year amounts to a massive Rs 450 crores available for administrative expenses per year. This kind of money and resources can, in fact, help gram Panchayats become properly resourced to better carry out their overall responsibilities. It can also help ensure that there is no excuse for the failure to carry out all transparency measures and put an effective grievance redressal mechanism in place.

Biggest contribution

Transparency and accountability to the poorest and the weakest is in fact the biggest potential contribution of the NREGA to the entire governance system. The NREGA is an outstanding example of how the RTI Act can be woven into the fabric of the delivery system and the whole legal and governance paradigm. The entire expenditure on works and workers – 94% of the total amount – is required to be put on the website of the NREGA, with every transaction revealed in detail.

This can easily be increased to 100 per cent. Using this Management Information System (MIS), Vijaypura Gram Panchayat in Rajsamand District has begun to build a Janata Information System (JIS) painted on the walls of government buildings in the Gram Panchayat.

The boards reveal the details of the number of days of work provided and payments made in the year to every Job Card holder in the Panchayat. Also painted on the walls are the list of works sanctioned, the expenditure on labour and material, and item-wise expenditure on material in each work in the Panchayat, including exactly how many bags of cement, sand and trolleys of stone were procured, and at what rate in the Gram Panchayat. This is like a web wall which reveals to every interested visitor all that they want to examine.

What can be done in one Panchayat can be carried out in the 9,189 Panchayats of Rajasthan, and the hundreds of thousands of Panchayats in India. The walls in Vijaypura Panchayat provide details of 976 families given employment in 2008-09, where two thirds have completed 100 days, with an expenditure of 91 lakhs.

The Sarpanch is a Dalit youth from a poor family, elected in a general seat, and the Panchayat is proof of how well an Employment Guarantee programme can be implemented, in terms of people’s entitlements, transparency measures, worksite management, and many other innovations.

Larger impact

If the millions of financial transactions of the NREGA can go on their web site, there can be no justification for not following the example and putting almost every financial transaction of government – receipt or expenditure – on the web sites of the relevant department or agency. Proactive disclosure is a requirement of the RTI Act, and is a good example of the larger potential impact of the NREGA on governance.

The NREGA is India’s first law to codify development rights in a legal framework, and like the RTI, it has begun to set an example in a global context.

"The NREGA is India’s first law to codify development rights in a legal framework, and like the RTI, it has begun to set an example in a global context"
Apart from the law, and a set of guidelines, there is a strong and immediate need to formulate rules to operationalise provisions in the Act; which includes guaranteeing grievance redressal in seven days, social audit twice a year, and mandatory transparency and proactive disclosure.

Properly incorporated and enforced, a comprehensive set of operational rules could strengthen the entitlement framework, fixing responsibility at every level.

Once again, it would enable bottom-up pressure for implementation, which should be matched by a strong political mandate. Today, the NREGA has millions of workers’ unresolved and un-addressed grievances and problems to be dealt with.

A response system could not only radically improve the NREGA, but can impact and transform the whole face of rural governance.

Is the NREGA an administrator’s nightmare or a redistribution of income and power? A social safety net or a step towards the right to work, to prevent migration, and even boost local market economies? For those who cannot think beyond the pale of the free market economy and the business model manager, it is indeed a nightmare.

For years, simplistic management solutions to poverty, with the poor as an input to be managed, have failed. We cannot see ordinary people as active participants and empowered citizens.

That is why there is difficulty in understanding the practice and logic of democracy and difficult, therefore, to understand the realistic detailing and complexity of an Employment Guarantee initiative.

Inclusive growth

Independent India has to acknowledge the critical role the NREGA has played in providing a measure of inclusive growth. It has given people a right to work, to re-establish the dignity of labour, to ensure people’s economic and democratic rights and entitlements, to create labour intensive infrastructure and assets, and to build the human resource base of our country.

For the first time, the power elite recognises the people’s right to fight endemic hunger and poverty with dignity, accepting that their labour will be the foundation for infrastructure and economic growth.

"For the first time, the power elite recognises the people’s right to fight endemic hunger and poverty with dignity, accepting that their labour will be the foundation for infrastructure and economic growth"
The entitlements paradigm is still to be established in many States in the country.

Second generation issues like the expansion of the categories of permissible works needs to be taken up with labour and the deprived continuing to be the central focus.

The improvements must be to strengthen, not divert from these basic tenets. In the midst of the current economic slowdown, there is enough evidence that this kind of commitment can work to help reduce the slowdown.

The political class would do well to understand that the most important solution is an assertion of its will to respond to people’s voices. The many wise, creative, and innovative initiatives emerging from theory and practice have a future only if they are owned by the people and implemented with justice.

The NREGA can give people an opportunity to make the entire system truly transparent and accountable. Properly supported, people’s struggles for basic entitlements can, in turn, become the strongest political initiative to strengthen our democratic fabric.

Aruna Roy and Nikhil Dey are activists with the Mazdoor Kisan Shakti Sangathan (MKSS). Email: arunaroy@gmail.com, nikhildey@gmail.com.

Source : The Hindu

Wednesday, March 9, 2011

270 - Tembhali in limelight, but no benefits for us’ - DNA India

DNA / Santosh Andhale / Monday, October 11, 2010 1:41 IST

Despite being in the limelight for more than a week, a few families of Tembhali village in Nadurbar district still have no option but to migrate for their bread and butter.

Fifteen days after the launch of United Progressive Alliance (UPA) government’s ambitious UID project, 40 of 274 families have migrated to the nearest area in Gujarat to earn minimum wages.

The authorities have also failed to complete the concretisation of the roads in this village.

Prime minister Manmohan Singh and Congress chief Sonia Gandhi had visited the Tembhali village to inaugurate the UIC project. Before their arrival, the government machinery was working hard to get all the facilities ready in the village.

They had also called the migrated people back to the village to collect the UIC. The villagers, who thought that after getting the card their misery to search a daily job would come to an end, say they are disillusioned. They say they have realised that for getting a job they will have to migrate again.

Government authorities are yet to finish the construction work of the road in this village. Nadurbar district collector AT Kumbhar visited the village recently and talked to the villagers. He assured them that the work of the road would be completed soon.

“We agree that Tembhali villagers came to fame across the nation due to UIC project, but we have not got any benefit. Everything is just as same, the road work is still pending and, people are still migrating for a job. Now, we have got the assurance from the government that they will complete this work very soon,” said Subhash Sonavane, committee member of Tembhali gram panchyat, who got the first landline in this village before the launch of this project.

Kumbhar confirmed that the news about pending road work, but added that the work would be completed within two weeks. “I have personally paid visit to this village and talked to the people. I am trying to solve the issues,” said Kumbhar.

He added that the authorities had chalked out some plan for their jobs as well. “We will provide them with cattle. There are only 6-7 boys who are educated and they want further training form Industrial Training Institute. We will arrange
for their education.

“Some of the families have migrated, but we can’t stop them,” said Kumbhar.

269 - Samir Kelekar on Aadhaar (Hindi Speech) - TISS

691 - Samir Kelekar on Aadhaar (Hindi Speech) - TISS

On stated objectives of UID - Part I ( video clip)
On stated objectives of UID - Part 2 (video clip )
On how one can fake fingerprints and security issues - Part 3 (video clip)
On Real intent of UID project - Part 4 (video clip)