Bihar Government has signed a MoU with Unique Identification Authority of India (UIDAI) without applying its rigorous legal mind. It is an act of cutting that branch of three on which it is sitting. On 24th June 2011, unique identity (UID) number was launched at Patna GPO by Acharya Kishore Kunal, a former IPS Officer. This quite a disturbing development given the fact that countries like UK, Australia etc have abandoned such project considering to be unfit for democracies. Baba Umar from Tehelka1 in conversation with Gopal Krishna of Citizens Forum for Civil Liberties (CFCL).
Why is Citizens Forum for Civil Liberties (CFCL) against UID?
Answer: Had Gandhiji been alive today he would have been opposed to UID Number in the same way as he had opposed a law similar to UID as a Black Act in South Africa from 1906 to 1914.He had said, "...I have never known legislation of this nature being directed against free men in any part of the world. I know that indentured Indians in Natal are subject to a drastic system of passes, but these poor fellows can hardly be classed as free men" and "...giving of finger prints, required by the Ordinance, was quite a novelty in South Africa.
Numbering human beings is an act of dehumanising them. Anyone who knows about the harmful ramifications of UID Number project would be against it. In the UK, "The Government introduced the Identity Documents Bill to their Parliament on 26 May 2010. The Bill makes provision for the cancellation of the UK National Identity Card...the
destruction of the National Identity Register." How is it that something which is poisonous for our mother parliament is non-poisonous for its offspring, the Indian Parliament? The new government in UK came to power after winning a democratic election on the promise that it would cancel the National Identity Card project.
The UID idea has been defeated in a democratic election. Theresa May, the UK Home Secretary is right in saying, "The national identity card scheme represents the worst of government. It is intrusive and bullying".
Can State Governments who have signed MoU, or UIDAI or UPA Government or some gullible NGOs who have been co-opted assure the residents of India whose personal details are being taken in the name of public services that their details will not be shared with business enterprises, companies and political outfits like Nazi Party as was
done by International Business Machines (IBM) that led to the holocaust? IBM was and remains in census business and is currently part of World Bank's eTransform Initiative of which UID Number scheme is a component.
We feel UID Number too represents worst in the UPA government because it entails a design to create a surveillance state.
2. How would you react to official's assertion that it will enhance lives of poor and check grain diversion in PDS and plug all ills related to NREGA scheme?
Answer: Is there any doubt that "the leakage of electronically stored data like UID Numbers CIDR is inevitable"? It is claimed that UID Number project is being bulldozed down Indian people's throat to prevent leakage of subsidy and public social services. If one does the balancing of "potential" gains and inevitable harm, does it not emerge
that leakage of social security schemes can be dealt with but leakage of CIDR (MoU with L1 Identities Solution & other US based biometric technology companies have been signed) will compromise privacy of India and Indian residents for good. If a government cannot prevent "grain diversion in PDS and plug all ills related to NREGA scheme" due to leakage in it, can the same government be trusted to prevent the
leakage of CIDR.
3. How do you see handing over of the project to L-1 solutions. Do you think the government could have roped in a local company or a foreign company that doesn't have a record of having key officials as past time CIA workers? Also I need some information on MoU between L-1 and UIDAI.
Answer: Two US based BIOMETRIC technology companies L1 Identity Solutions Operating Company and Accenture Services Pvt. Ltd have been awarded a contract for the "Implementation of Biometric Solution for UIDAI" on July 30, 2010. This detail is available on UIDAI website (http://uidai.gov.in/index.php?option=com_content&view=article&id=177&Itemid=214).
4. Do you smell a rat in the tendering process?
Answer: We are convinced that the entire UID Number scheme and related proposals and Bills have an ulterior motive which is not being disclosed to the residents (and citizens), states and our legislatures. Had it not been so eminent citizens led by Justice V R Krishna Iyer, Prof. Upendra Baxi and Justice A P Shah would not have
sought halting of the Unique Identity (UID) Number/Aadhaar Number project. Their statement has been endorsed by Prof. Anil Sadgopal. Even Justice Rajendra Babu, former Chief Justice of India and former Chairman National Human Rights Commission said that UID Number idea violates constitutional guarantee of citizens dignity, liberty and
privacy.
5. You were talking about de-duplication of database. Can you elaborate on it?
Answer: The CIDR (Central ID Data Repository) will be given to the chosen companies including L1 and Accenture to ensure data de-duplication which is a method of eliminating redundant data. It also called "intelligent compression" or "single-instance storage".
6. What happened to the meeting you has sought with PM and members of cabinet committee on UIDAI.
Answer: There has been no response. The Cabinet Committee on Unique Identification Authority of India (UIDAI) related issues comprises of the Prime Minister, Ministers of Finance, Agriculture, Home Affairs, External Affairs, Rural Development and
Panchayati Raj, Law and Justice, Labour and Employment, Human Resource Development and Communications and Information Technology and Housing and Urban Poverty Alleviation and Culture besides Deputy Chairman, Planning Commission and Chairman, UIDAI as Special Invitees. I wish to ask them that National Human Rights Commission (NHRC) issued notice to Government of India about the tagging of Indian students with Radio
Collar in US and both the Indian Foreign Minister and Foreign Secretary deemed it unacceptable acts of US government. If it is unacceptable in US and is deemed an assault on human rights , which it indeed it is, how is the proposals UID Number project that intends to tag all Indian residents acceptable?
7. India does not currently have a general data protection statute plus the bill on NIAI hasn't been passed ( clarification needed), how do you see the functioning of entire UIDAI system. Also what's your take on the other bills that are being inter-linked with it.
Answer: The UIDAI or proposed NIAI Bill has not disclosed to the citizens and states of the country that the UID Number's Central ID Data Repository (CIDR) is linked to Draft Land Titling Bill, 2010, Draft Paper on Privacy Bill, 2010, Draft DNA Profiling Act, 2007 and Public Information Infrastructure and Innovations (PIII) for a
National Knowledge Network. Besides this National Intelligence Grid (Natgrid), meant to integrate existing 21 databases with Central and state government agencies and other organisations, and National Population Register (which is linked to Census), L1 Identities Solution and Accenture who work in close affinity with intelligence
agencies of USA. This in turn is part of the World Bank's eTransform Initiative. UIDAI has been functioning since January 28, 2009 pursuant to a notification of Planning Commission of India following a decision of the Cabinet Committee on UID Authority of which Shri A Raja was a member. This is quite significant because biometric national
identification numbers for residents of India (that includes citizens) are being made and distributed in the absence of legislative approval.
Section 57 of the NIAI Bill says, anything done under the notification that set up the UIDAI “shall be deemed to have been done or taken under the corresponding provision of this Act”. Clearly, a fait accompli has been presented to the Parliament as if our sovereign legislature is a rubber stamp. Instead of waiting for the Parliamentary Standing Committee to examine the Bill and Parliament to consider the acts of omission and commission by UIDAI, the Budget Speech reiterates that UIDAI will continue with its work unmindful of the consent of the Parliament as if legislative approval is
inconsequential and it is inevitable.
8. From security point of view, do you think that the movement of Indian army, all security agencies, and key officials,will be tracked down by none other than a foreign agency which can be detrimental.
Answer: Yes, UID Number poses an unprecedented threat to national security. It may be noted that Shri Nilekani is working in a rank of a Cabinet Minister.
ASSOCHAM, representing 3 lakh companies and KPMG, a Swiss consultancy have underlined the ramifications of UID number in their report titled Homeland Security in India and its relevance for "commercial czars" has been highlighted by by Capt. Raghu Raman, the CEO of Union Home Ministry's National Intelligence Grid (NATGRID). Union Ministry of
Home Affairs, Annual Report, 2010 claims NATGRID will be started in 2011 after "approval from the competent authority (Union cabinet)". A detailed project report (DPR) to the Cabinet Committee on Security (CCS) this month for clearance. It has been given Rs 40.6 crore in the current Union Budget unmindful of its link with UID Number and issues of civil liberties and privacy that has been raised by jurists, judges
and eminent citizens.
Is it not relevant to ask whether he has taken oath of office for a Minister for the Union (THIRD SCHEDULE, 439. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5.)? As per the oath he is supposed to "swear" and "solemnly affirm" that he "will bear true faith and allegiance to the Constitution of India as by law established" that he "will uphold the sovereignty and integrity of India" and he has to "do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will."
Is not relevant to ask whether or not he has taken "oath of secrecy" to "swear" and "solemnly affirm" that he "will not directly or indirectly communicate or reveal to any person or persons any matter" which shall be brought under his consideration or shall become known to him as a Minister for the Union except as may be required for the
due discharge of my duties as such Minister?.
The fact that he has signed MoUs with biometric technology companies that admittedly work with the intelligence agencies of US is eminently relevant to note. L-1 and NADRA, the Pakistan unique identity agency, appear to have been created on the same business model which is staffed by persons with intelligence and military connections, the major goals of both agencies are to do business with their respective governments. This is the company UIDAI has signed an agreement with to hand over the CIDR for de-duplication.
Is it a coincidence that Shri Nilekani has been appointed in same manner in which Shri Tariq Malik, former IT Advisor to the former Prime Minister of Pakistan, Ms. Benazir Bhutto was appointed Deputy Chairman by the board members of Pakistan’s National Database & Registration Authority (NADRA) in May 2008? Like Shri Nilekani who too
worked in USA, Shri Malik too had strategic management experience and prior to joining NADRA, he worked as Deputy Chief, Technology at Wayne County, State of Michigan, USA.
It may be noted that the 10th Annual World Summit on Automatic Identification which is being held during 2-3 November, 2011 in Milan, Italy to showcase Radio Frequency Identification (RFID), biometrics and smart card technologies has been sponsored by NADRA in the past even as RFID was rejected by US states and citizens citing the
Biblical prophecy of numbering humans would lead towards the end of mankind, among other reasons such as violation of civil liberties forever. Indian representatives won two out of five awards at the ID World Congress in 2010. Shri Nilekani has been recognized with the “ID Limelight Award” and Dr. Sreeni Tripuraneni, Chairman & CEO, 4G
Identity Solutions with the “ID Outstanding Achievement Award-2010”. 4G Identity Solution Pvt. Ltd has been awarded contract for “Purchase of Biometric Devices” on February 24, 2010.
It is noteworthy that Shri M.S. Srikar, Private Secretary to the Shri Nilekani was one of the speakers besides Dr. Joseph Atick, Executive Vice President & Chief Strategic Officer - L-1 Identity Solutions. Two US based companies L1 Identity Solutions Operating Company and Accenture Services Pvt. Ltd have been awarded a contract for the
Implementation of Biometric Solution for UIDAI on July 30, 2010. The World Congress was a sponsored by American Bank Note Corporation, the world's foremost engraver and printer of bank notes and securities and Morpho, a high-technology company in the Safran group, a French conglomerate involved in defense, aerospace propulsion and equipment, and security, one of the world's leading suppliers of identification,
detection and e-document solutions.
Have our legislatures been provided any opportunity to examine the ramifications of the emergence of a surveillance regime in the context where intelligence agencies of our country are already outside the purview of our sovereign Parliament?
9. You were also talking about the card is for residents and not for citizens. Can you elaborate?
Answer: UIDAI proposal is to identify all the residents of India. The UID Number is a proof of residentship but not a proof of citizenship. The point to note is that besides pre-existing voter Identity card, Election Commission of India recognizes fourteen alternative documents as proof of identity. The non-existence of any
compelling and sane logic for 16th document as an identity proof is quite manifest. Aren't these pre-existing 15 identity proofs (based on which government claims its legitimacy after democratic election) sufficient!
10. You had talked about presenting some key documents to Mr PM, can Tehelka have those documents.
The URL most documents are available on mediavigi.blogspot.com
11. Now that the process has begun, what's Citizens Forum for Civil Liberties doing to address this issue. How many members do you have and could you elaborate on the meeting you had with various MPs which you were talking about?
Answer: We have sent our submissions to the Parliamentary Committee on Finance and other relevant Committees. Some of the MPs were quite disturbed by the contempt of UIDAI towards the Parliament. The MPs are aware that in India, UID's origin can be traced back to 1975 when the central government set up a seemingly benign National Informatics Centre (NIC) to integrate all the databases of the country. In the
context of UID for BPL families, it was assigned some task in 2006 and now it been awarded several contracts by the UIDAI.
In recent times, somewhere during 2006-7, a "Strategic Vision on the UIDAI Project" was prepared and submitted to the Planning Commission by M/S Wipro Ltd. This document is not available in public domain. The UIDAI came into existence on 28th January, 2009. Now Wipro has won several contracts from the UIDAI. This is just one example, the fact is that the entire exercise is conflict of interest ridden.
Can any Indian citizen, legislator or chief minister of our country approve of COMMON LAND MARKET as the logic advanced for UID Number (in Nandan Nilekani’s book Imagining India) to alleviate poverty and to dismantle constitutional provision with regard to property?Only legal imagination of informed citizenry can save the country from the
uncalled convergence of private sector, public sector and citizens sector being attempted in furtherance of e-governance objective of 1975 with the assistance of World Bank's eTransform Initiative and digital and biotechnology entrepreneurs who look at national sovereignty and civil liberties with inexplicable contempt.
BJP retains Purnea
The ruling National Democratic Alliance on 29th June won the Purnea by-election, with the Bharatiya Janata Party's Kiran Keshri defeating Ramcharitra Yadav of the Congress by 23,665 votes.
The by-election was necessitated by the death of the BJP's Raj Kishore Keshri. He was murdered in his home in January by Rupam Pathak, a schoolteacher, who had accused him of repeated sexual abuse and harassment.
The BJP had gone all out to drum up sympathy for Ms. Kiran Keshri, flooding local newspapers with advertisements, highlighting her “dire” situation. Some election watchers attribute her victory to a “sympathy wave.” She polled 53,732 votes against the Lok Jan Shakti Party-backed Mr. Yadav, who secured 30,067 votes. The BJP has, in fact, polled 8,066 more votes than what it secured in the 2010 elections. “This shows we have retained the confidence of Muslim voters,” Deputy Chief Minister Sushil Kumar Modi said.
The other star candidate, Amit Sarkar of the Communist Party of India (Marxist), finished third, polling 17,113 votes. The Australia-returned Sarkar, who was supported by the Lalu Prasad-led Rashtriya Janata Dal, is the son of the slain CPI(M) MLA, Ajit Sarkar.
Of the four other contestants, all of whom forfeited their deposits, Independents Satish Sah and Krishna Kumar Jha got 1,855 and 508 votes, Islamuddin of the CPI (ML) 1,554 and Om Prakash Bhagat of the Jharkhand Mukti Morcha 898.
The by-election also exposed the rift in the RJD-LJP combine, as the two allies backed the opposing candidates. LJP chief Ram Vilas Paswan's rumoured overtures to the Congress was said to be the chief cause of a probable schism.This charge was, however, denied by top leaders of both parties, including Mr. Paswan.
The Hindu
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