Thursday, December 12, 2013

BJP and the Congress partners in corruption: Arvind Kejriwal, Aam Aadmi Party

Note:Aam Aadmi Party (AAP) will fight the 2014 Lok Sabha elections.  AAP has units 22 States and 309 districts. A sub-committee under Yogendra Yadav of AAP is in the process of identifying the AAP candidates. You cannot provide good governance through the present system. You have to change the system for a changing polity, and for that you have to bring in political decentralisation and transparency. That is our ideology," says Arvind Kejriwal of Aam Aadmi Party. He says, "There is a secret deal always between both the mainstream parties, not to put up strong candidates against stalwarts." Kejriwal says, "The time for Mercedes-wallahs is over. It is time for jhola-wallahs to rule." Unless BJP and the Congress to form the government together, a non-Congress and a non-BJP political force is bound to form the government after 2014 elections.

Gopal Krishna

‘If unwittingly we err, history will not forgive us’

December 12, 2013, The Hindu

Arvind Kejriwal, in conversation with Gargi Parsai and Mohammad Ali, reflects on his transition from activist to leader, and the rise of the Aam Aadmi Party

From being an ‘irritant’ to major political parties, the Aam Aadmi Party has catapulted itself into a frontline party in a dream debut, winning 28 of the 70 Assembly seats in Delhi. The party has decided to sit in opposition and is confident of winning a majority in case there is a re-election. AAP leader Arvind Kejriwal, 44, spoke to The Hindu in an exclusive interview at his home in Ghaziabad, the first he gave to any publication after the Delhi election results were made known. Excerpts are below:
What is your next move?
We will encourage the BJP and the Congress to form the government together and we will sit in opposition. These two big parties are known to indulge in corruption as partners. So, why not come out openly this time and form a government together?
By opting to sit in opposition in Delhi, are you shying away from the task of delivering on your ideals?
This is BJP-Congress propaganda. If the people felt that way, they would not have given us 28 seats. We did not get a full majority, so how can we govern? The day we get [that], we will govern. Governing is not rocket science.
Your colleague Prashant Bhushan suggested that the AAP could lend “issue-based” outside support to the BJP.
There is no question of that. It was his personal opinion, in response to a hypothetical question [that he was] asked. He has since clarified that the AAP will sit in opposition rather than support either the BJP or the Congress.
Do you think the BJP’s prime ministerial candidate, Narendra Modi, had any impact on these polls?
No, not in these Assembly elections.
If there is a re-poll in Delhi, how do you rate your chances?
The AAP will come back, with double [the] strength.
If there were to be a fractured mandate again?
No, there won’t be. It will be a fight between the AAP and the BJP.
You termed this a historic mandate.
Not a historic ‘mandate’ but a historic ‘event’. I said that because the stalwarts of these two big political parties were defeated by a party which was making a debut, and by people who were not known. We had no resources, no money, only the strength of our honesty. This election was about truth versus corruption. For the first time people were talking about honesty in elections, rather than corruption, muscle and money power.
Are you ready to take on a bigger role? Is there space for a non-Congress, non-BJP third front… like the AAP?
We are the first front, not the third front… There is a huge vacuum in the country for honest politics. People are fed up and it has become impossible for the aam aadmi to survive.
In such a scenario, merely grabbing political power does not bring solutions. You cannot provide good governance through the present system. You have to change the system for a changing polity, and for that you have to bring in political decentralisation and transparency. That is our ideology.
We have no illusions about our being a big force; we are not. But we are sure if all small people of the country come together they can challenge big forces. The people of Delhi have shown the way. Only the aam aadmi can save the country.
Do you plan to contest all the Lok Sabha seats [in 2014]?
No. We will contest a few seats. We do have units in 22 States and 309 districts, but are yet to decide on how many seats we will contest. We have formed a sub-committee under Yogendra Yadav to identify the right people.
In a scenario of cynicism and despondency, the people of Delhi have given hope to the rest of the country. For the AAP is not a party, but a political process. We have invited everybody who wants honest politics and is getting suffocated in the mainstream parties, to join hands.
Were you expecting these results? Your own survey showed you will get above 40 [seats].
While the polling was on, a news channel came up with an exit poll showing that the AAP would get only five or six seats. After that over one lakh votes were cast. Apart from that, we lost seven to eight seats because of a torch symbol being mixed up with the AAP symbol of broomstick.
Do you see the AAP’s win as a vote against the Congress?
It is a vote against the corruption of both the Congress and the BJP. Neither could retain their previous vote share.
Were you confident about defeating a stalwart, three-time Chief Minister Sheila Diskhit?
It was not my confidence, it was my conviction, that we have to remove corruption. Whether I lost or won was immaterial. I am not here to make a career out of politics. If it were so, I would have looked for a safe seat. I contested against Sheila because the BJP was not doing it. There is a secret deal always between both the mainstream parties, not to put up strong candidates against stalwarts.
The victory margin of about 26,000 showed the intensity of people’s anger. Otherwise, had the people been happy, would they have voted for me? This anger was expressed during Anna Hazare’s anti-corruption movement and again through the ballot.
If you come to power, will you prosecute Sheila Dikshit if she is found involved in scams?
It is not the AAP but a Lokpal that will investigate and take action if she is involved.
What were your areas of weakness?
I need to assess the AAP’s performance in the Muslim-dominated areas. It seems the rural regions predominantly voted BJP. Our feedback is that the rural areas did not expect us to win more than six seats. They were angry with Sheila Dikshit, so they went with the BJP. Now they are coming back to us.
You want the Jan Lokpal Bill while the Central government is looking at its version of the Lokpal Bill. How do you reconcile the two?
The Government wants to bring a ‘Jokepal’ bill. People will reconcile both the bills at the ballot.
Anna Hazare said the AAP would have formed the government in Delhi had he campaigned for it?
I agree. Then why was he not with us?
Will you join Mr. Hazare in his fast for the Jan Lokpal Bill at Ralegan Siddhi since you both want that?
Yes, I will, as a worker.
Nationalist Congress Party leader Sharad Pawar has criticisd the emergence of jhola-wallahs as power-centres because the Congress leadership is weak and indecisive.
The time for Mercedes-wallahs is over. It is time for jhola-wallahs to rule.
Do you feel you will always be under a scanner? There are high expectations from your party.
I agree. It puts a huge responsibility on us. We are doing our karma. The fruits are not in our hands. Sometimes, we are scared that if unwittingly we err, history will not forgive us. 


Congress, BJP, CPI, CPI (M), NCP and BSP yet to appoint PIOs under RTI Act

Association for Democratic Reforms has filed a complaint to the Central Information Commission (CIC) to take action against Congress, BJP, CPI, CPI (M), NCP and BSP
Association for Democratic Reforms (ADR), which along with right to information (RTI) activist Subhash Chandra Agrawal has been campaigning for the six national political parties to come under RTI, after having procured sensational documents under RTI Act pointing that these parties are ‘public authorities’. They are now asking the Central Information Commission (CIC) for action against these political parties since they have not abided by CIC’s 3 June 2013 verdict (CIC/SM/C/2011/001386 & 000838 dated 3 June 2013) of directing all these parties to appoint Public Information Officers (PIOs) within six weeks.
 
On 11 December 2013, ADR and Mr Agrawal filed a complaint against six national political parties, Indian National Congress (Congress), Bharatiya Janata Party (BJP), Communist Party of India (Marxist)-CPI(M), Communist Party of India (CPI), Nationalist Congress Party (NCP) and Bahujan Samaj Party (BSP).
 
Their press release stated: “Central Information Commission in its full-bench verdict dated 3 June 2013 had held that six national political parties INC, BJP, CPI, CPI(M), NCP and BSP were public authorities under the Right to Information Act, 2005. The Commission further directed the six political parties to appoint Public Information Officers (PIOs/CPIOs) within six weeks of the order, to respond to existing RTI queries within the next four weeks. The six parties have not complied with the CIC even after more than six months. By doing this political parties are defying the decision of a statutory authority. The CIC had given its decision of 3 June 2013, after several hearings of similar complaints filed by the ADR and the well-known RTI activist, Mr Agarwal. Earlier, Mr Agarwal had filed a complaint for non-compliance on 29 August 2013 after 12 weeks of the CIC decision. He also filed another complaint on 9 September 2013.”
 
It may be recalled that the CIC, in its decision had ruled that political parties should come under the ambit of RTI, considering that the Election Commission (EC) is the public authority, which plays a crucial role in bringing any political party into existence and its control over them, subsequently. It also took into account the fact that political parties are substantially funded by the government, thus making them, public authorities under Section 2 (h)(ii).
 
A full bench comprising Chief Information Commissioner Satyananda Mishra, Information Commissioners ML Sharma and Annapurna Dixit based their judgment on the following grounds:
 
  • Political parties are registered with the Election Commission of India (ECI) under Section 29A of the Representation of People Act, 1951
  • For the purposes of elections, an association/body gets the status of a political party only on its registration with the ECI under Section 29A
  • Para 16A of the Election Symbols (Reservation & Allotment) Order, 1968, empowers the ECI to suspend or withdraw the recognition of a political party if it refuses to follow the lawful directions and instructions of the Commission or if it refuses to observe the provisions of the Model Code of Conduct
  • As per the Supreme Court judgment in Common Cause V/s Union of India (AIR 1996 SC-3081), the ECI is empowered under Article 324 of the Constitution to require the political parties to submit details of expenditure incurred by them in connection with elections
  • The ECI has directed the political parties to submit their accounts within 90 days after general elections in case of Lok Sabha and within 75 days in the case of Assembly elections
  • Under Section 29C of the RP Act, a political party is required to report to the ECI in respect of contributions received by it in excess of Rs20,000 from any person or company
  • The contributions made to the political parties are exempt from the Income Tax, both for the donor and the donee
  • Recognition of political parties is governed by the provisions of Election Symbols (Reservation and Allotment), 1968, which is an order issued by the ECI under Article 324 of the Constitution read with Rules 5 & 10 of the Conduct of Election Rules, 1961, to provide for specification, reservation & allotment of symbols and recognition of political parties and matters related thereto.)  
Anil Bahirwal, one of the founders of ADR, said, “Non-compliance by the political parties is akin to contempt of court. Such nonconformity by these national parties can be precarious to our democracy and interest of the public at large.’’

Vinita Deshmukh

Our earlier stories on this subject in Moneylife
Political parties asked to designate PIOs and Appellate Authorities within 6 weeks
 
Leading activists call for countrywide public action against amendment in RTI Act
Vociferous protests across country against political parties slipping out of RTI
 

Indian political parties fear RTI consequences; skip CIC hearing
 

Congress brags about bringing in the RTI Act but was the only party to skip the CIC hearing
 

Monday, December 9, 2013

Will Niraj Suman, a national shooter play in 57th National Shooting Championship despite Bihar State Rifle Association's hurdle?

national shooter faces denial of right to play in 57th National Shooting Championship that commences from December 11

National shooter seeks CBI inquiry into the affairs of Bihar State Rifle Association
Niraj Suman, a national shooter from Bhawanipur, Kahalgaon, Bhagalpur dreams of winning a gold medal for India in the Olympics. Niraj Suman wrote to Jitendra Singh, Union Minister of Youth Affairs & Sports on November 13, 2013 seeking his intervention to ensure his participation in the 57th National Shooting Championship during December 11-December 24, 2013. 
 
But Bihar State Rifle Association has imposed a ban on him. Niraj Suman has demanded to know the reason for the ban and sought an inquiry by CBI into the affairs of the Bihar State Rifle Association. Notably, this association is a private body registered under Societies Registration Act, 1860. Niraj Suman approached the High Court for justice.
On September 12, 2012, Justice V N Sinha, Patna High Court in the Civil Writ Jurisdiction case No. 16961 of 2012 ruled that competent authority enable Niraj Suman to participate in the National Shooting Events within one month.  But Director General, Bihar State Sports Authority, President, Bihar State Rifle Association and Government of Bihar have not complied with this order. 

Niraj Suman got a letter of recommendation from Sadanand Singh, leader of the Indian National Congress in the Bihar State Assembly but to no avail.  Sadanand Singh wrote to the Union Minister of Youth Affairs & Sports seeking on April 5, 2013 his intervention to ensure that Niraj Suman participates in the Shhoting World Cup May 4 –May 13, 2013 in USA and May 23 to May 30, 2013 in Germany.  Singh wanted the Minister’s intervention to ensure that National Rifle Association is directed to call Niraj Suman, shooter ID No. 3112197802 for trial. Sadanand Singh wrote, “this talent is being suppressed by the sports organizations.”  The Minister responded to him on April 12, 20132 saying he has asked the concerned department to look into the matter. But so far nothing has happened.

Niraj Suman has played in the 54th National Shooting Championship and 34th National Games. He has met Nitish Kumar, Bihar Chief Minister in his Janata Darbar to seek his intervention. 

He is a self taught shooter without coach. He is the only shooter from Bihar who qualified at the national level senior championship (10 m, Air Rifle, Male). For better performance he needed an imported gun to play in the international championship. He feels that if he can practice even briefly he can make a world record. 

He is one of the three sports persons who were selected from rifle shooting for appointment under the category of job promises made for talented sports persons.  Appointments have been made against the name of these three sports persons but his name does not figure in it. The one who has been appointed in his place has not even qualified for senior championship. Officials of the Bihar Government and the corrupt sports organizations are favoring their own person and stopping Niraj Suman from playing in the rifle championships. 

He is aggrieved because of callousness of the Bihar Government and the collusion of corrupt sports organizations. Niraj Suman considers Eklavya from Mahabharata as his ideal. Will concerned authorities intervene in time to investigate the role Dronacharya of the modern times who is patronizing off springs of princes and victimizing this modern day Eklavya? Will Niraj Suman participate in the 57th National Shooting Championship? Or will he become yet another test case that exposes the rot that has set in the sports organizations?

Saturday, December 7, 2013

Winter session of Bihar Vidhan Sabha and Vidhan Parishad is underway

The winter session of Bihar Vidhan Sabha and Vidhan Parishad commenced on December 6, 2013.
The state legislatures is scheduled to function on December 6, 9, 10, 11, 12 and 13, 2013. The proceedings of state assembly is being webcast from htttp://webcast.gov.in/biharvs and www.vidhansabha.bih.nic.in
On December 6, the session began with the nomination of presiding officers of the House. The House was adjourned after the passage of the condolence resolution. The proceedings of the House will now commence on December 9. 

It has come to light that so far a large number of MLAs have not submitted declaration of their assets for the year 2013. It appears that even the state's ministers have not done so.

In 2012, most of the MLAs from among the 243 MLAs had submitted their declaration of assets. Declaration of assets by 29 state's ministers made in 2012 is available at http://gov.bih.nic.in/DocList.asp?YR=2012

Declaration of assets by 30 state's ministers made in 2011 is available at http://gov.bih.nic.in/DocList.asp?YR=2011

Friday, December 6, 2013

Why Resident Identity Cards for Indians based on biometric identification under NPR/UID scheme should be abandoned

To

Shri A.K. Antony,
Union Minister of Defence
Group of Ministers (GoM) regarding Issue of Resident Identity Cards to all  usual residents of the country of age 18 years and above under the scheme of National Population Register (NPR)
Government of India
New Delhi

Date: November 7, 2013

Subject-Why Resident Identity Cards for Indians based on biometric identification under NPR scheme should be abandoned

Sir,

This is reference to the Terms of Reference given to the GoM headed by that is meant to “examine all aspects relating to the proposal for issuing Resident Identity Cards to the usual residents of the country keeping in view all relevant issues and finalize its recommendations at an early date.” This is in continuation of my earlier letter dated September 24, 2013 arguing why following Supreme Court's order dated September 23, 2013 issuance of biometric aadhaar/UID number should be stopped.

I submit that there is vehement opposition to 12 digit biometric unique identification (UID)/aadhhar number project and the related NPR project because it is contrary to the basic structure of the Constitution of India which provides for a limited government and not an unlimited government. The project is aimed at creating an unlimited government.  Even if a law is passed to make it legal it will remain bad and illegitimate.

I submit that the installation of authoritarian architecture through biometric identification of Indians based on which Resident Identity Cards is to be issued to all usual residents of the country of age 18 years and above under the scheme of  National Population Register (NPR).

I submit that human body is again under attack through indiscriminate biometric profiling.
I submit that there is an unacknowledged relationship between The National Identification Authority Bill, 2010 for Unique Identification (UID) Project and the US based National Defense Industrial Association that was set up in 1919 to scale up the war effort during World War I since then it has been “promoting national security” of United States of America (USA) and 'institutionalizing' Biometrics Enabled Identification based on Automatic Identification Technologies (AIT).. The same National Defense Industrial Association-sponsored Unique Identification (UID) Industry Leadership Advisory Group (ILAG) that was organized “in March 2005 at the suggestion of the DoD (US Department of Defence) UID Program Manager to serve as a defense industry focal point for government-industry collaboration and coordination in developing UID implementation policy and procedures.”  The origin of the Indian schemes can be easily be traced to this UID policy.  

I submit that Defence Procurement and acquisition policy office in the US Department of Defense (DoD) has a “Unique Identification” (UID) section for “in tracking and reporting the value of items the Government owns”, “ Item Unique Identification (IUID) Standards for Tangible Personal Property”  and “Unique Identification (UID) Standards for a Net-Centric Department of Defense” that cites “Department of Defense Chief Information Officer (CIO) Memorandum, “DoD Net-Centric Data Strategy”” dated May 9, 2003.  It is stated that IUID requirement does not apply to “Software, manuals, etc.” and “Commercial off-the-shelf (COTS) items”  but it applies to “Not-for-profit contracts such as research contracts with universities”, “Classified items”, “Foreign Military Sales”, “Small businesses”, “Government Furnished Property”, “Defense Logistics Agency (DLA) requests” “Models, prototypes, or development items delivered to DoD”. It is not clear whether Cabinet Committee on Security has examined how UID related schemes compromise short term and long term security interests of our country.   

I submit that US Department of Defence uses both Radio Frequency Identification (RFID) and Item Unique Identification (IUID). “Within IUID, the unique item identifier (UII) is a piece of data associated with an item that uniquely identifies it throughout its life. RFID is a vehicle for holding and sharing data. IUID of tangible items deals with physical markings applied directly (or indirectly via label, data plate, etc.) on items. IUID also requires data to be captured about the item and submitted electronically to a registry database. Think of this as creating a birth certificate for the item. On a superficial level IUID and RFID employ different technologies. IUID utilizes a optically scannable 2-dimensional data matrix barcode to carry information whereas RFID utilizes some form of integrated circuitry to encode information and produce radio waves which can be received and interpreted at a greater distance with a radio antenna and receiver. Functionally, IUID’s purpose within the (US) DoD is to uniquely identify individual items. It may be noted that based on the recommendations of the committee headed by Shri Nandan Nilekani to use RFID technology paving way for a unified Electronic Toll Collection (ETC) technology for National Highways in India.

I submit that the purpose of RFID within the (US) DoD is to identify cases, pallets, or packages which contain items.” UID Policy Office of US DoD has a number of working groups to support the development and implementation of the UID policy. These include Working Groups on: Logistics IUID Task Force, Industry Leadership Advisory Group (ILAG), Wide Area Work Flow (WAWF)/UID/RFID Users Group, Property Management, Joint Aeronautical Commanders, Government Furnished Property Industry, Federal Acquisition Regulation, Business Rules, Standards, Implementation, Technical Interface and IUID Quality Assurance. Has concerned authorities within India have examined how and where military usage of RFID converges with seemingly civilian applications by design or by default?

I submit that the preamble of The National Identification Authority Bill reveals that it is “for the purpose of issuing identification numbers to individuals residing in India and to certain other classes of individuals”. There are two parts to the phrase “individuals residing in India and to certain other classes of individuals”. The first part refers to a resident as an individual usually residing in a village or rural area or town or ward or demarcated area (demarcated by the Registrar of Citizen Registration) within a ward in a town or urban area in India.”
I submit that human body came under assault as a result of forced vasectomy of thousands of men under 21 month period during June 25, 1975-March 21, 1977 when Internal Emergency was proclaimed. This had adverse consequences. 

I submit that biometrics technology companies like Raytheon Company who were awarded by National Defense Industrial Association in 2009 participated in the ILAG. It is these entities which are behind the UID/aadhaar project and the proposed Bill to sell their products. They have created an artificial need to sale their surveillance products in India unmindful of its dehumanizing ramifications.

I submit that Planning Commission’s Unique Identification Authority of India (UIDAI) has signed contract agreements on behalf of President of India with foreign surveillance technology companies like Accenture Services Pvt Ltd, USA, Ernst & Young, USA, L1 Identity Solutions Operating Company, now France (as part of Safran group), Satyam Computer Services Ltd. (Mahindra Satyam), as part of a “Morpho led consortium” (Safran group), France and Sagem Morpho Security Pvt. Ltd (Safran group), France “engaged in delivery of welfare services “. Admittedly, these agencies have access to personal information of the Purchaser and/or a third party or any resident of India for at least 7 years as per Retention Policy of Government of India or any other policy that UIDAI may adopt in future.  The purchaser is the President of India through UIDAI.

I submit that the contract agreement is applicable to both Planning Commission’s Centralized Identities Data Repository (CIDR) of digit biometric unique identification (UID)/aadhhar number which is ‘voluntary’ and the ‘mandatory’ National Population Register (NPR) of Ministry of Home Affairs which is also generating aadhaar number.

I submit that MongoDB, a technology company from USA which is co-funded by Central Intelligence Agency (CIA) was in New Delhi two weeks back to enter into a contract with UIDAI. (Reference: Lison Joseph, Navbaharat Times/Economic Times, December 2-3, 2013) 
I submit that this company is a Palo Alto and Manhattan-based database software provider in the $30 billion relational database market. Relational databases commenced in the 1970s when computers were moving away from punch cards (that facilitated holocaust in Germany using census data) to terminals. It is taking away customers from Oracle and IBM. This contract has not been disclosed so far. MongoDB will take data from UIDAI to undertake its analysis. UIDAI is tight lipped about CIA’s role in it. This company’s database software is already being used to verify the speed of registration. It is yet to become clear whether this company will be in a vendor relationship directly or it will operate through some pre-existing entity which is already working with UIDAI as system integrator. 

I submit that 10gen is the company behind MongoDB, a popular open-source, document-oriented database. It is forms part of a new generation of NoSQL -- Not Only SQL -- database products developed as an alternatives to convnetional relational databases from Oracle (NSDQ:ORCL), IBM (NYSE:IBM) and Microsoft (NSDQ:MSFT). Elsewhere Schireson has explained, “We deliver enterprises a 10 to 1 improvement — we charge tens of thousands of dollars to complete projects in a few months that they charge millions of dollars to finish in years” to deal with large volume and diverse variety of big data.

I submit that one of the investors of MongoDB is In-Q-Tel (IQT), a not-for-profit organization based in Virginia, USA created to bridge the gap between the technology needs of the U.S. Intelligence Community and emerging commercial innovation. It identifies and invests in venture-backed startups developing technologies that provide “ready-soon innovation” (within 36 months) which vital for the mission of intelligence community. IQT was launched in 1999. Its core purpose is to keep CIA and other intelligence agencies equipped with the latest in information technology to support of intelligence capability. Edward Snowden had revealed that US intelligence agencies are targeting communications in Asian countries.

I wish to draw your attention towards a book ‘At The Center of The Storm: My Years at the CIA” by George Tenet, former CIA director wherein he says, “We (the CIA) decided to use our limited dollars to leverage technology developed elsewhere. In 1999 we chartered ... In-Q-Tel... While we pay the bills, In-Q-Tel is independent of CIA. CIA identifies pressing problems, and In-Q-Tel provides the technology to address them. The In-Q-Tel alliance has put the Agency back at the leading edge of technology ... This ... collaboration ... enabled CIA to take advantage of the technology that Las Vegas uses to identify corrupt card players and apply it to link analysis for terrorists [cf. the parallel data-mining effort by the SOCOM-DIA operation Able Danger , and to adapt the technology that online booksellers use and convert it to scour millions of pages of documents looking for unexpected results.”

I submit that In-Q-Tel sold 5,636 shares of Google, worth over $2.2 million, on November 15, 2005 The stocks were a result of Google’s acquisition of Keyhole, the CIA funded satellite mapping software now known as Google Earth. On August 15, 2005, Washington Post reported that In-Q-Tel was funded with about $ 37 million a year from the CIA. "In my view the organization has been far more successful than I dreamed it would be," said Norman R. Augustine , who was recruited in 1998 by Krongard and George J. Tenet, who then was director of central intelligence, to help set up In-Q-Tel. Augustine, former chief executive of defense giant Lockheed Martin, is an In-Q-Tel trustee. It was founded by Augustine.
It may be noted that former CIA chief, Tenet, was on the board of L-1 Identity Solutions, a major supplier of biometric identification software, which was a US company when UIDAI signed a contract agreement with it. A truncated copy of the contract agreement accessed through RTI is available with the author. This company has now been bought over by Safran group, a French defence company. The subsidiary of this French company in which French government has 30.5 per cent shares, Sagem Morpho has also signed a contract agreement with UIDAI. In August 2011, Safran acquired L-1 Identity Solutions.

I submit that given the fact that judicial orders from the High Courts and Supreme Court have so far dealt with the limited issue of how UID/aadhaar cannot be made mandatory, first thing anyone should do understand with regard to gathering momentum against biometric unique identification (UID)/aadhaar number is that the very first document that residents of India encounter in this regard is “Aadhaar Enrolment Form’. At the very outset the Enrolment Form makes a declaration is that “Aadhaar Enrolment is free and voluntary.” This is a declaration of Government of India. This is a promise of Planning Commission of India headed by the Prime Minister. As a consequence, all the agencies State Governments, the Government of India and the “agencies engaged in delivery of welfare services “ are under legal and moral obligation to ensure that it cannot be made mandatory.

I submit that as of now Supreme Court has simply stated what the Prime Minister himself has promised. In its interim order what the Court has done is to simply reiterate the significance of the promise made by Government of India. If programs, projects and schemes are launched in breach of Prime Minister’s promise, it will set a very bad and unhealthy precedent and no one ever in future trust the promise made by any Prime Minister.  The column no. 8 in the Aadhaar Enrolment Form at page no. 1 refers to “agencies engaged in delivery of welfare services “does not define who these agencies are. It appears that its definition has deliberately been kept vague. Which are the agencies that are involved in delivery of welfare services? Aren’t security agencies and commercial agencies with ulterior motives included in it?  

I submit that at page no. 2 of the Aadhaar Enrolment Form provides, “Instructions to follow while filling up the enrolment form” which states that column no. 8 is about seeking consent from an Indian “Resident (who) may specifically express willingness / unwillingness by selecting the relevant box” by ticking “yes” or “no” options .  The column no. 8 reads: “I have no objection to the UIDAI sharing information provided by me to the UIDAI with agencies engaged in delivery of welfare services.” Now the issue is that if residents are promised that enrolment is “voluntary” they may give their consent unaware of its ramifications but if they know that it is made “mandatory” they are may refuse to give their consent.

It may be noted that column no. 2 in the Aadhaar Enrolment Form at page no. 1 and 2 refers to “NPR Number” and “NPR Receipt/TIN Number” and at states “Resident may bring his/her National Population Register Survey slip (if available) and fill up the column” no. 2. The databases of both the numbers namely, UID/aadhaar number and NPR number are being converged as per approved strategy.  Does it not make both the databases of biometric identification numbers one and mandatory in the end? Is the promise by the Prime Minister about Aadhaar Enrolment being “free and voluntary” truthful? It is not “free” for sure because it costs citizens’ their democratic rights. As it being “voluntary” it is not so by design. It appears that the Prime Minister has been miser with truth.      

I submit that initially, it seemed surprising as to why L 1 which was a high value company of USA that worked with the USA’s intelligence was sold to French conglomerate Safran group which has a forty year partnership with China. It also seemed puzzling as to why the contact amount given to Sagem Morpho of Safran Group is not being disclosed. But with the disclosure of non-traceability of financial data with regard to French conglomerate’s Sagem Morpho courtesy New Indian Express and emergence of the possible relationship of UIDAI with US based agencies like In-Q-Tel  and MongoDB on the horizon courtesy Navbaharat Times, such transactions do not appear astounding anymore.  Information gathered using RTI corroborate these disclosures. 

I wish to ask you whether these agencies have access to biometric and demographic data of even those residents of India who did not give consent as per Column 8 of aadhaar enrolment form for sharing information provided by them to the UIDAI with these agencies who do seem to be engaged in delivery of welfare services.

I submit that there is no confusion as to why such agencies of USA, France and China are eager to get hold of the biometric database of Indians. “Biometrics Design Standards For UID Applications” prepared by UIDAI’s Committee on Biometrics states in its recommendations that “Biometrics data are national assets and must be preserved in their original quality.”

I wish to draw your attention towards UIDAI’s paper titled ‘Role of Biometric Technology in Aadhaar Authentication’ based on studies carried out by UIDAI from January 2011 to January 2012 on Aadhaar biometric authentication reveals that the studies “focused on fingerprint biometric and its impact on authentication accuracy in the Indian context. Further improvements to Aadhaar Authentication accuracy by using Iris as an alternative biometric mode and other factors such as demographic, One Time Pin (OTP) based authentication has not been considered in these studies.”  This paper explains, “Authentication answers the question ‘are you who you say you are’”. This is done using different factors like: What you know– userid/password, PIN, mother’s maiden name etc, What you have – a card, a device such as a dongle, mobile phone etc and What you are – a person’s biometric markers such as fingerprint, iris, voice etc. The ‘what you are’ biometric modes captured during Aadhaar enrollment are fingerprint, iris and face. “It is noteworthy that this paper refers to biometric markers like “fingerprint, iris, voice etc” revealing that after fingerprint and iris, “voice” print is also on the radar and its reference to “etc” includes DNA prints as well.   

I wish to draw your attention towards the UIDAI paper which states, “Of the 3 modes, fingerprint biometric happens to be the most mature biometric technology in terms of usage, extraction/matching algorithms, standardization as well as availability of various types of fingerprint capture devices. Iris authentication is a fast emerging technology which can further improve Aadhaar Authentication accuracy and be more inclusive.”  Such absolute faith in biometric technology is based on a misplaced assumption that are parts of human body that does not age, wither and decay with the passage of time.  Basic research on whether or not unique biological characteristics of humans beings is reliable under all circumstances of life is largely conspicuous by its absence in India and even elsewhere.
I submit that there is a need for the Parliament, Supreme Court, State legislatures and High Courts to examine whether or not biometrics provides an established way of fixing identity of Indians. Has it been proven?

I submit that a report “Biometric Recognition: Challenges and Opportunities” of the National Research Council, USA published on September 24, 2010 concluded that the current state of biometrics is ‘inherently fallible’. That is also one of the finding of a five-year study. This study was jointly commissioned by the CIA, the US Department of Homeland Security and the Defence Advanced Research Projects Agency.

I submit that another study titled “Experimental Evidence of a Template Aging Effect in Iris Biometrics” supported by the Central Intelligence Agency (CIA), the Biometrics Task Force and the Technical Support Working Group through Army contract has demolished the widely accepted fact that iris biometric systems are not subject to a template aging effect. The study provides evidence of a template aging effect. A “template aging effect” is defined as an increase in the false reject rate with increased elapsed time between the enrollment image and the verification image. The study infers, “We find that a template aging effect does exist. We also consider controlling for factors such as difference in pupil dilation between compared images and the presence of contact lenses, and how these affect template aging, and we use two different algorithms to test our data.”

I submit that a report “Biometrics: The Difference Engine: Dubious security” published by The Economist in its October 1, 2010 issue observed “Biometric identification can even invite violence. A motorist in Germany had a finger chopped off by thieves seeking to steal his exotic car, which used a fingerprint reader instead of a conventional door lock.”  It seems that considerations other than truth have given birth to faith in biometric technologies.  Besides working conditions, humidity, temperature and lighting conditions also impact the quality of biological material used for generating biometric data.

In view of the above, I urge you to re-examine the basis of the central government’s faith in biometric technologies, to ascertain whether there a biological material in the human body that constitutes biometric data immortal, ageless and permanent. Both aadhaar and NPR are based on the unscientific and questionable assumption that there are parts of human body likes fingerprint, iris, voice etc” that does not age, wither and decay with the passage of time. They who support Aadhaar and NPR seem to display unscientific temper by implication.

Therefore, issuance of Resident Identity Cards to all usual residents of the country based on such ever changing biometric data will be a complete waste of resources and would bring disrepute to the government. There is a compelling logic for the GoM to recommend abandonment of this project the way China, Australia, France, UK and USA has done keeping in mind the fundamental rights of present and future generations.

Thanking You
Yours Sincerely
Gopal Krishna,
Citizens Forum for Civil Liberties (CFCL),
Mb: 09818089660, 08227816731,
E-mail:gopalkrishna1715@gmail.com

Cc
Dr Manmohan Singh, Prime Minister, Government of India 
Smt Sonia Gandhi, Chairman, National Advisory Council, Government of India  

Hon’ble Members and Special Invitees of Group of Ministers (GoM) regarding Issue of Resident Identity Cards to all usual residents of the country of age 18 years and above under the scheme of National Population Register
Shri P. Chidambaram, Minister of Finance
Shri Ghulam Nabi Azad, Minister of Health and Family Welfare
Shri Sushilkumar Shinde, Minister of Home Affairs
Shri Ajit Singh, Minister of Civil Aviation
Shri Kapil Sibal, Minister of Communications & Information Technology, & Minister of Law & Justice
Kumari Selja, Minister of Social Justice and Empowerment
Shri Praful Patel, Minister of Heavy Industries and Public Enterprises
Shri V. Kishore Chandra Deo, Minister of Tribal Affairs & Minister of Panchayati Raj
Shri Jairam Ramesh, Minister of Rural Development.
Shri Montek Singh Ahluwalia, Deputy Chairman, Planning Commission
Shri Nandan Nilekani, Chairman, Unique Identification Authority of India
Prof. K.V. Thomas, Minister of State (Independent Charge) of the Ministry of Consumer Affairs,
Food & Public Distribution
Shri Paban Singh Ghatowar, Minister of State (Independent Charge) of the Ministry of Development of North Eastern Region, and Minister of State in the Ministry of Parliamentary Affairs
Hon’ble Chief Ministers, States of India
Hon’ble Members of Parliament
Chief Secretary, Government of Andhra Pradesh
Chief Secretary, Government of Bihar
Chief Secretary, Government of Chhattisgarh
Chief Secretary, Government of Goa
Chief Secretary, Government of Gujarat
Chief Secretary, Government of Haryana,
Chief Secretary, Government of Himachal Pradesh
Chief Secretary, Government of Jammu and Kashmir
Chief Secretary, Government of Jharkhand
Chief Secretary, Government of Karnataka
Chief Secretary, Government of Kerala
Chief Secretary, Government of Madhya Pradesh
Chief Secretary, Government of Maharashtra
Chief Secretary, Government of Odisha
Chief Secretary, Government of Punjab
Chief Secretary, Government of Rajasthan
Chief Secretary, Government of Tamil Nadu
Chief Secretary, Government of Uttar Pradesh
Chief Secretary, Government of Uttarakhand
Chief Secretary, Government of West Bengal
Chief Secretary, Government of Puducherry
Chief Secretary, Government of Arunachal Pradesh
Chief Secretary, Government of Assam
Chief Secretary, Government of Manipur
Chief Secretary, Government of Meghalaya
Chief Secretary, Government of Mizoram
Chief Secretary, Government of Nagaland
Chief Secretary, Government of Sikkim
Chief Secretary, Government of Tripura
Chief Secretary, Government of Andaman and Nicobar (UT)
Administrator, Government of Dadra and Nagar Haveli (UT)
Administrator, Government of Daman and Diu (UT)
Administrator, Government of Lakshadweep (UT) 

Tuesday, December 3, 2013

List of Government Bills in winter session of Parliament starting 5th December

The Lok Sabha Secretariat has released the List of Government Bills that are pending in the Lok Sabha that may be taken up for consideration and passing during the winter session starting 5th December.

1) The Nuclear Safety Regulatory Authority Bill, 2011 which seeks to amend the RTI Act in two places by introducing a new exemption and placing under Section 24 (Schedule 2) of the RTI Act all nuclear safety regulatory bodies connected with defence or state security purposes  that this legislation will establish- for consideration and passing.

2) The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 (Grievance Redress Bill) for consideration and passing.

3) The Electronic Services Delivery Bill, 2013 for replacing the Electronic Services Delivery Bill, 2011.

4) The National Identification Authority of India Bill, 2010 - seeking statutory status for the Unique Identification Authority of India which wants to database all Indians by claiming to provide them with an Aadhaar identity for consideration and passing.

5) The Prevention of Bribery of Foreign Public Officials and Officials of Public International Organizations Bill, 2011 to meet an important requirement under the UN Convention Against Corruption- for consideration and passing

6) The Direct Taxes Code Bill, 2010- to replace the Income Tax Act and other related laws- for consideration and passing.

7) The Multi-State Co-operative Societies (Amendment) Bill, 2010for strengthening the statutory regime for regulating multi-State Coops- for consideration and passing.

8The Constitution (108th Amendment) Bill, 2008  (Women's Reservation Bill) for consideration and passing.

9) The Constitution (120th Amendment) Bill, 2013for establishing the Judicial Appointments Commission- for consideration and passing.

10) The Constitution (110th Amendment) Bill, 2009for increasing reservation for women in Panchayat from 1/3rd to 1/2 of the seats- for consideration and passing.