Supreme Court’s order exposes illegality of Biometric aadhaar, NPR and PII

Now opposition parties should promise destruction of database of biometric features created so far 

Promoters of Biometric aadhaar and NPR emerged as killers of privacy unlike heroes like Julian Assange, Edward Snowden and Bradley Manning

March 24, 2014 New Delhi: Hearing the Special Leave to Appeal (Criminal) No(s).2524/2014, which has been linked with the previous case Writ Petition (Civil)    494 of 2012, the Supreme Court bench of Dr. Justice B.S. Chauhan and Justice J. Chelameswar passed an order that exposes the illegality of the unscientific exercise of indiscriminate biometric data collection by Planning Commission's UIDAI, Home Ministry's Registrar General of India for Aadhaar number and National Population Register (NPR) and other government and private agencies.

Supreme Court has passed this order asking Government of India to delink all programs from biometric aadhaar. Non-Congress political parties have denounced biometric aadhaar as a case of fraud and a national betrayal. The same holds true for NPR.

Welcoming the order, Citizens Forum for Civil Liberties (CFCL) demands that the opposition parties should promise that new government after the Lok Sabha elections will destroy the illegal and illegitimate database of biometric features as has been done in UK and other countries.

Notably, even as data thieves and brokers are feeding memory of online companies, the dictum “Internet never forgets” faces challenge from legislatures in USA which are grappling with Do Not Track Me Online Act and European General Data Protection Regulation that includes right to be forgotten. The European Parliament passed the regulation on March 12, 2014. In the absence of any regulatory resistance, data mining mafia is on the prowl in India through aadhaar and NPR. The marriage of internet with biometric data consequents in the death of privacy and democratic rights.   

Biometric data itself has scientifically been proven to be 'inherently fallible' especially because of constant decay of biological material in human body. Global experience demonstrates that the trust in junk science of biometrics is misplaced. The stolen biometric passport of a passenger in the missing Malaysian airliner has exposed its claims for good.

The incident of two of the 239 passengers who were on the Malaysian airliner that disappeared on March 8, 2014 between Kuala Lumpur and Beijing having used stolen European passports based on biometric data including electronically stored fingerprints and facial images merits attention. It is this very biometric technology which is the basis of biometric unique identification (UID)/aadhaar number and National Population Register (NPR).

In post-independent India, except for the Emergency period never was privacy under such unprecedented assault. 

In the light of these developments there is a compelling need to explore the following questions:

1.         What is the technological basis of 12 digit unique identification (UID)/aadhaar number and NPR?

2.         What is the basis of the editorial claims like “privacy issues can be take care of once supporting legislation is in place” be considered defensible. Is this what is called putting the cart before the horse?

Is there a biological material in the human body that constitutes biometric data immortal, ageless and permanent? Besides working conditions, humidity, temperature and lighting conditions also impact the quality of biological material used for generating biometric data. 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.

In a RTI reply dated October 25, 2013, UIDAI shared its contract agreement with Ernst & Young states in a most startling disclosure from the contract agreement is its admission that “biometric systems are not 100 % accurate”. It admits that “uniqueness of the biometrics is still a postulate.” In an admission that pulverizes the very edifice on which UID/aadhaar and the NPR rests, it writes, “The loss in information due to limitations of the capture setup or physical conditions of the body, and due (to) the feature representation, there is a non-zero probability that two finger prints or IRIS prints coming from different individuals can be called a match.” 

This is underlined in bold letters in the contract agreement. In simple words, “non-zero probability that two finger prints or IRIS prints” turning out to be a match means that there is a probability that biometric data of two different individuals can be identical.

The contract agreement states, “the Unique ID will be a random 12-digit number with the basis for establishing uniqueness of identity being biometrics”. The agreement further states, “we will provide a Unique Identity to over 113.9 crore people.” This is evidently a fraudulent claim because UIDAI with which the agreement has been signed has mandate to provide Unique Identity to only 60 crore residents of India and not to 113.9 crore people. 

A report “Biometrics: The Difference Engine: Dubious security” published by The Economist in its 1 October 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.” This reveals the frightening ramifications of using biometrics as a basis for identification.

Another report “Biometric Recognition: Challenges and Opportunities” concluded that the current state of biometrics is ‘inherently fallible’. That is one of the findings of a five-year study was jointly commissioned by the CIA, the US Department of Homeland Security and the Defence Advanced Research Projects Agency.

As to privacy, in the contract agreement between the President of India for UIDAI, as purchaser and L-1 Identity Solutions Operating Company, and Accenture Services Pvt Ltd accessed through RTI at clause 15.1 it is stated, "By virtue of this Contract, M/s Accenture Services Pvt Ltd/Team of M/s Accenture Services Pvt Ltd may have access to personal information of the Purchaser and/or a third party or any resident of India, any other person covered within the ambit of any legislation as may be applicable."  The purchaser is President of India through UIDAI. The clause 15.3 of the agreements reads, "The Data shall be retained by Accenture Services Pvt Ltd not more than a period of 7 years as per Retention Policy of Government of India or any other policy that UIDAI may adopt in future."  This clearly implies that all the biometric data of Indians which has been collected so far is now available to US Government and French Government. 

In “Broken Promises of Privacy: Responding to the surprising failure of Anonymisation”, a 77 page long study by Paul Ohm Associate Professor at the University of Colorado Law School illustrates how central identity databases facilitate the reverse audit trail of personal information. This paper underlines that the assumption of robust anonymization of electronic identity has been blown up, “casting serious doubt on the power of anonymization, proving its theoretical limits…” 

Sam Pitroda’s public information infrastructure (PII) is tagging people, tagging places, tagging programmes etc to connect 2.50 lakh Panchayats all over the country. UID/aadhaar and NPR of Chandramouli are subsets of this program. Ever wondered as to why the votaries of privatization of every imaginable natural resource ‘for public welfare’ have become advocates of centralization of biological information of Indians ‘for public welfare.’ The rationale for the stateization of personal sensitive information of Indian residents and citizens appears dubious.

Not surprisingly, Government's own Draft Discussion Paper on Privacy Bill stated, “Data privacy and the need to protect personal information is almost never a concern when data is stored in a decentralized manner" unlike UIDAI, NPR and PII.

Human body came under assault as a result of forced vasectomy of thousands of men under the notorious family planning initiative of Sanjay Gandhi. Nilekani and his ilk have acted worse than Sanjay Gandhi in putting Indians’ body under the assault of biometric surveillance. 

Earlier it appeared strange as to how the aadhaar cases namely, Writ Petition (Civil)    494 of 2012 W.P(C) NO. 829 of 2013, W.P (C) NO. 932 of 2013, T.C.(C) NO. 152 of 2013, T.C. (C) NO. 151 of 2013, W.P (C) NO. 833 of 2013 and CONMT.PET. (C) NO.144/2014 IN W.P.(C) NO.494/2012 which were listed for hearing on 4th March, 2014 got knocked out from the priority list of hearing, after passing 14 orders and ongoing hearing in the case ahead of the Lok Sabha elections. 

Supreme Court’s previous 14 Orders in the aadhaar case are as under:

	Click Here for Court's Order on 13-2-2014
	Click Here for Court's Order on 12-2-2014
	Click Here for Court's Order on 11-2-2014
	Click Here for Court's Order on 4-2-2014
	Click Here for Court's Order on 28-1-2014
	Click Here for Court's Order on 26-11-2013
	Click Here for Court's Order on 8-10-2013
	Click Here for Court's Order on 7-10-2013
	Click Here for Court's Order on 4-10-2013
	Click Here for Court's Order on 23-9-2013
	Click Here for Court's Order on 2-9-2013
	Click Here for Court's Order on 26-4-2013
	Click Here for Court's Order on 14-3-2013
	Click Here for Court's Order on 28-2-2013

While whistleblowers like Julian Assange, Edward Snowden and Bradley Manning have joined the ranks of hall fame as the defenders of privacy as a basic human right, likes of Nandan Nilekani, C Chandramouli and Sam Pitroda have joined the hall of infamy with entities like National Security Agency as killers of privacy. The latter are admittedly in the business of ‘cloudifying’ databases that has the potential to turn governments into puppets at least as far as control over database is concerned.

For Details: Gopal Krishna, Member, Citizens Forum for Civil Liberties (CFCL), Mb: 9818089660, E-mail:gopalkrishna1715@gmail.com

बेगूसरायः अतीत और वर्तमान

स्व. अरूण प्रकाश का यह साक्षात्कार उस समय सुभाष गौतम ने लिया था जब वे गंभीर बीमार चल रहे थे.    

बेगूसराय की ऊर्जा अदम्य है और यह ऊर्जा समूदाय के विभिन्न प्रकारों में देखी जा सकती थी। बेगूसराय के वर्तमान या अतीत पर गौर करना जरूरी है। गौर करने से पहले बेगूसराय के दूरस्त अतीत पर भी गौर करना जरूरी है क्यों कि वह दूरस्थ अतीत  भविष्य और वर्तमान का ही नहीं, बल्कि भविष्य की ओर संकेत करता है। जब से पाल वंश का शासन बेगूसराय में हुआ तब से पाल वंश का असर वेगूसराय पर क्या पड़ा यह भी जाना बहुत जरूरी है। ध्यान रहे पाल वंश दलित और दमित का रहा है बहुधा यह माना जाता है कि दमित हमेशा दलित है। यह पाल वंश हमेशा दमित रहने वाला वंश नहीं है। यहां पाल वंश का वाकायदा पांच सौ वर्षों का शासन रहा है। 

हम यदि किलाओं के इतिहास पर गौर करे तो पता चलता है कि बेगुसराय में ही नहीं पूरे मिथिला में एक किला था। बाकी छोटे-छोटे किले मिलीट्री पोस्ट होते थ,े जिन्हें गढ़ कहा जाता था। ये गढ़ नदियों के किनारे होते थे। नौला गढ़ में पाल वंशीय राजाओं का गढ़ था। हाल ही में बेगूसराय जिले में खुदाई करवाई गयी थी जिसके दौरान पाल वंशीय सिक्के मिले और अन्य कई सामाग्रियां मिलीं जिनसे पाल वंशीय राजाओं शासन के प्रमाण मिलते हैं जो राजकिय गणेश दत्त कालेज में रखा गया है। इन पांच सौ वर्षों में धर्मान्तरण हुआ और बडे़ पैमाने पर हुआ। धर्मान्तरण को लेकर कई धारणाएं हैं एक धारणा तो पासवानों के बारे में है कि वे पहले ब्राह्मण थे लेकिन जब धर्मान्तरण हुआ तो वे बौद्ध बने, वे जब दुबारा वापस हिन्दू धर्म में आये तो उन्हें अछूत घोषित किया गया। पासवानों का हिन्दू धर्म में आना धार्मिक नहीं यह एक राजनीतिक घटना है। इस तरह हम पाते है कि सत्ता के रूप में पूरे मिथिला में इस तरह के गढ़ थे। ये जो गढ़ थे जब पाल वंश के बाद उन पर ब्राहमणवादीयों ने जब कब्जा किया। उसका नतीजा यह हुआ कि अनेक गढ़ों के उपर मंदिर नजर आते हैं। जबकि वे चैत्र थे बौद्धों के चैत्र थे। इतना ही नहीं हर गांव में शक्ति की उपासना जरूरी थी। दूर्गा पूजा, काली पूजा तत्कालीन ब्राह्मण शक्ति की उपासना करते थे। जहां जहां चैत्र देखा वहा वहा शिव मंदिर बना दिया। जहां चैत्र नहीं था वहा दुर्गा या काली की मूर्ति बैठा दी गयी। बेगूसराय की राजनैतिक स्थिति को इस रूप में भी देखा जाना चाहिए कि जिन राजाओं का शासन बाद में हुआ उसने अनिवार्यतः दरभंगा के करनाड वंश के राजाओं का शासन रहा है। इस प्रकार हम देखते है पाल वंश की सत्ता का असर सामाजिक सत्ता में दिखई देता है। इतना ही नहीं सामाजिक सत्ता में वह एक बदलावा का कारण था। वेगूसराय क्षेत्र में 36 नदियां बहतीं हैं जैसे जैसे नदियां बहाव में बदलाव करती रहीं और करवट बदल बदलती रहीं वैसे वैसे चैर मैदानी क्षेत्र बदलता रहा। जहां पानी का जमाव हो जाया करता है कावड जैसा नदियों के बहाव में परिवर्तन हुआ। सबसे बड़ा उदाहरण गंगा जिसने करवट बदलते बदलते पूरा एक ताल क्षेत्र बना दिया था। जिसमें 552 जैसा दियारा इस तरह देखते है कि भूगोल और इतिहास दोनों ही सामाजिक प्रवृत्तियों में प्रभावि बनी आजादी के आंदोलन मे सबसे ज्यादा यहां के युवाओं ने हिस्सा लिया। युवक दल जैसी संस्था बनी गांव हो या देहात हो आज भी पूरा गढ़ नमक बनाने वाला गढ़ है। आज भी नमक बनाने वाला कड़ाह रखा हुआ है। जहा-जहा गढ़ मिलता है वहा सेना के आउट पोस्ट थे। पाल वंश के जमाने से ही यहा एक ऐसी सड़क है जो पश्चिम से प्रवेश करती है और पूरब में निकल जाती है जिसका कुछ अंश राष्ट्रीय राजमार्ग में बदल गया है। आज भी अवधतिरहूत रोड है। जब शासन जौनपुर के शाह वंश का हुआ तब आने जाने के लिए यह पक्का करवा दिया गया होगा लेकिन आने जाने का मार्ग यह हाल तक रहा है। क्यों कि उस जमाने में सामानों ढ़ोने के लिए ट्रक या अन्य वाहन नहीं थे। हमे यह ध्यान देना चाहिए कि तब सामान ढ़ोने के लिए नाव का प्रचलन था। आज कल के जो लड़के पढ़ने लिखने वाले है उन्हें इन सब का कोई फिक्र नहीं है इतना ही नहीं इस सड़क की आवश्यकता कर-वसूली, सेना के आवा-जाही व्यापार के लिए होना जरूरी था। इस सड़क के किनारे सराय जरूर मिलता है। सराय प्रथा को मजबूत करने के लिए शेरसाह शूरी ने काफी काम किया। आज शेरसाह शूरी सबसे अच्छा शासक माना जाता है लेकिन उनके नाम या उनका कोई स्मारक नहीं है। एक लड़का गांव से निकला और दिल्ली तक पहुॅच गया। वो देशी लड़का था। उसने कोई किला नहीं बनवाया उसने बनवाये जीटी रोड़, डाक व्यवस्था, सराय व्यवस्था। सराय की व्यवस्था में वेगूसराय जिले के कई गांव को सराय नाम से जाना जाता है। जहां सेना के साथ जब सेनापति चलता तो वेगम के लिए जो जगह दी गई वो बेगम की सराय के नाम से मशहूर हुई। वही आज बेगूसराय के नाम से जाना जाता है। 

उस जमाने में विभिन्न जातियों के इक्ठठा होने की प्रवृतियों को देखें तो उसके पीछे आर्थिक व भौगोलिक कारण जान पड़ता है। वाया नदी के किनारे देखें तो शाहपुरा में तेली की बड़ी आवादी है ऐसी बड़ी आवादी बोहाना में भी है। ये सब नदी ंके किनारे हैं। जहां इन तेलियों के घर कोल्हू चलते थे और जिसे बैल खीचता था। इस तरह हम देखते है कि इस इलाकों में कई तरह के परिवर्तन हुए लेकिन सिर्फ एक ऐसी जाति का असर नहीं है यहां। ठीक से देखंे तो दो ही गांव ऐसे रहे है जो नदीयों के किनारे है। जिनमे भूमिहार और ब्राह्मण है। ये दोनों खेती करने वाली जातियां है। इसी तरह साग-सब्जी की खेती करना तथा मछली पकड़ने जैसे वाले भी हैं और मछुआरे जैसी जातियां काफी समय तक साथ रहीं हैं। 

परिश्रम, कर्मठता और अक्खडपन बेगूसरायवासियों के स्वभाव में रहा है। लेकिन वही विशेषता पूरे चरित्र की नहीं रही यहीं दिनकर जैसे माहान कवि भी हुए हैं। लेकिन इसको क्या कहेंगे कि उन्हे साहित्य कारों में विरोचित कहा जाता है। 

आजादी के पूर्व के बेगूसरास जिले में बहूत सारे रिकार्ड उपलब्ध नहीं है लेकिन स्मृति से मैं बता सकता हूं यह भूखण्ड शांत नहीं बैठा होगा सघर्ष अवश्य चला होगा। अंग्रेजों के विरूद्ध उसके अवशेष हमे मिलते हैं। इस क्षेत्र में नील की खेती के लिए अनूकूलता रही है। अंग्रेज आये और नील को कोठियां खरीद ली। आज भी नील की कोठियों के अंश दिखाई पड़ते हैं। सबसे ज्यादा बेगूसराय में। इस प्रकार हम देखते है संघर्ष अनिवार्यतः बेगूसराय का चरित्र रहा है। बेगूसराय जिले में डा. श्रीकृष्ण कांग्रेसी का आना जाना था। सत्याग्रह जैसी चीजों को अपनाया जाता था। सबसे अधिक असर तो 1942 में दिखई दिया क्यों कि रेलवे की लाइने जिले को चारो तरफ थी। टेलीग्राफ, पोस्ट आॅफिस थी। ये सब आजादी आंदोलन के लोगों के निशाने पर थी। नतीजा यह हुआ कि बेगूसराय जिले में कुछ अच्छा भी हुआ और बुरा भी। अच्छा ये कि अब दंगे नहीं होते अच्छीखासी मुसलमानों की आबादी है। इसके बरक्स ये भी कि भारी संख्या में कार्यकर्ता बीजेपी की तरफ चले गये लेकिन दंगे की स्थिती नहीं है। अब तो सीपीएम से भी निकल कर बीजेपी की तरफ चले गये। यहां जो बुरा हुआ वह यह कि राजनीति का अपराधीकरण। पहले भी अपराधी को राजनीतिक संरक्षण देते थे पर तब अपराधी को सीधे राजनीति में भेजने से हिचकिचाते थे। लेकिन अब अपराधी स्वयं तय करता है और राजनीति की मुख्यधारा में जा बैठता है। राजनीति को यदि आगे बढ़ना है तो बेगूसराय को भी आगे बढ़ाना होगा। बेगूसराय को आगे बढने के लिए सभी पक्षों को एक साथ बैठ कर राजनीतिक शुद्धता बिजली का उपलब्धता जैसी समस्याओं को सुलझाने का उपाय करना होगा।

प्रस्तुति

सुभाष गौतम 

Water sources have right over their water and sand

Note: Fredrick Engels said, "Let us not flatter ourselves overmuch on account of our human victories over nature. For each such victory, nature takes its revenge on us. Each victory, it is true, in the first place brings about the results we expected, but in the second and third places it has quite different, unforeseen effects which too often cancel the first."

Speaking on the occasion of World Water Day, Dinesh Kumar Mishra underlined the need for a potent peoples resistance against technocentric approach of of treating natural water sources as pipelines of water. There is a case for reversing the current ways of water management where people's consent is inconsequential. 

Dr Kalyan Rudra said that we are in the era of crisis. Flood is a sediment dispersal system. British era systems and Green revolution model has disturbed the sediment dispersal system. Artifical water command areas have been created.  the water resource engineering in India during the post-independent era was largely dedicated towards the expansion of irrigation to ensure the food security for the growing population. He wondered as what is more important water withdrawal from the river or water retention in  the river. The current philosophy of water management needs to be challenged by factoring transmission distribution loss, biodiversity loss and canal bed absorption loss.   

Ramaswamy Iyer recollected that four days after he joined as Secretary, Union Ministry of Water Resources, Rajiv Gandhi, the then Prime Minister of India called him and wondered as to why were are fighting with our rivers. Why can't we talk of river as beyond political boundaries. But this approach was not pursued as he got caught in other issues. He was critical of both myopic bilateralism and blind multilateralism in dealing with water resources which gets caught caught in bargain diplomacy. He underlined that Indus treaty was a partition treaty and not a treaty of co-operation. Jammu & Kashmir has faced many difficulties with the Indus treaty. He contended that water is more divisive than Kashmir. Water related treaties are a product of the nature political relationship between the countries.      

It was submitted by speaker after speaker that river is not a material flow alone, its a life flow. It is a living system. He called for resistance of people against ecologically destructive river diversion projects like Interlinking of Rivers being advocated by likes of Narendra Modi. Six links in the proposed scheme are related to Bihar's rivers. He expressed alarm at the massive scale on which sand is being excavated from rivers. It seems rivers are being lifted away to build concrete jungles. Sand is the receptacle of water. If there is no sand in the river there will be no river. As children of rivers all negotiations and legal frameworks must recognize the right of river to its own sand and water. In bilateral and multilateral talks, rivers should also be recognized as a party. He ridiculed the notion of "temporary" and "permanent" solutions through embankments, dams and interlinking of rivers. How permanent is this permanent. The  embankments have a life span of 25 years and dams have life span of 37 years. He called for stoppage of ongoing of mutilation of rivers and disruption of aquifers that contributes to drainage congestion and drying of rivers. Water related treaties like Kosi treaty are outdated and must be revisited.          

At the end of the sessions a PSAARC Draft Statement was shared which is to be finalized in the coming days. 

Gopal Krishna 

On the occasion of World Water Day 2014

A SYMPOSIUM ON

SOUTH ASIAN WATER COMMONS:

PEOPLE'S VISIONS ON TRANSBOUNDARY RIVER SHARING

10:30 – 11:45am Session 1: Kosi River Basin

Speakers:

Speakers:

Speakers:

Framing of PSAARC Draft Statement 

22 MARCH 2014

9.00am-5:30pm

Constitution Club

New Delhi

Organised by

People's SAARC-India

South Asia Network on Dams, Rivers and People &

ActionAid India

DRAFT AGENDA

9:30 – 10:30 am

Opening Plenary - Ramaswamy Iyer

Deo Narayan Yadav (Nepal)

Dr D K Mishra (India)

Gopal Krishna (India)

Kameshwar Kamati (India)

Vijay Kumar (India)

Ranjiv (India)

AA Study team members

11:45am-1:15pm Session 2: Barak & Brahmaputra

Dr. Mohd Abdul Matin (Bangladesh)

Ravindranath (India)

AA Study team members

1:15-2:00 Lunch

2:00-3:15pm Session 3: Ganga & Teesta River Basins

Speakers:

Dr Kalyan Rudra (India)

Tseten Lepcha (India)

Mostafa Kamal Majumder (Bangladesh)

AA Study team members

3:15pm-3:30pm Tea

3:30-4:45pm Session 4: Indus River Basin

Dr Sudhirendra Sharma (India)

Basharat Ali (India)

Prof. Shakil Romshoo (India)

AA Study team members

4:45-5:30pm Concluding Plenary

Prof. Anuradha Chenoy (India)

Himanshu Thakkar (India)

Ashim Roy (India)

Aadhaar, no more than a framed photograph

• 
  PTINO REASON TO SMILE: UPA chairperson Sonia Gandhi inaugrating Aadhaar card distribution in the same village in 2010.

AMRUTA BYATNAL

The aim of the Unique Identification Number was to make access to bank accounts easier but the first Aadhaar card holder is still not eligible for loans

In September 2010, Ranjana Sonawane became the first person in the country to get an Aadhaar card when the Unique Identity (UID) project was flagged off with much fanfare in Tembhli village in Maharashtra.

But today, what is unmistakeable is the disappointment the tribal woman expresses as she stands in front of the framed photographs of her receiving the card from United Progressive Alliance (UPA) chairperson Sonia Gandhi and Prime Minister Manmohan Singh.

“I spent Rs.600 in getting these photographs framed. It was a big moment for me … for the villagers of Tembhli. But today, we are exactly where we were four years ago. Even the roads in our village were built only for Sonia Gandhi, not for us,” Ms. Sonawane told The Hindu recently. Both she and her husband are farm labourers, earning Rs.200 each on lucky days.

Tembhli — its 1,200-strong population is entirely tribal — is a part of Nandurbar district, which has a 68 per cent tribal population. More than 70 per cent of the village migrates to western Maharashtra and Gujarat six months of the year, to work on sugarcane farms, according to Deputy Sarpanch Banshi Shendul. The day this correspondent visited the village, it wore a deserted look, with most houses locked, and only the older generation staying behind.

One of the features of the UID, a major political plank of the Congress-led UPA government, was that benefits of government schemes would be linked to its 12-digit number, making it easier for people to open and access bank accounts, secure loans and get payments of the work through Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA).

“UID will help the hundreds of people in India, whose pride was hurt for so many years because of the lack of an identity. This will be their source of recognition from now on,” Dr. Singh had announced in Tembhli.

Identity, but no loan

There is recognition as Dr. Singh promised but no loan, said Sonawane’s neighbour, Kamalbai Nigode. “My son tried to take a loan. But he was told that Adivasi people do not return the money they borrow. We are poor, so we are not eligible for loans.”

“Only those with land are given loans. MNREGA payments through the Aadhar card are barely important for villagers, as we work as labourers in farms all year around,” Mr. Shendul said. “What the village needs is opportunities, and the compulsory Aadhaar registration has not helped us with it.”

Villagers recall every house getting new electricity meters when Ms Gandhi’s visit to the village to launch Aadhaar was announced. “We all got electricity. It was like Diwali in our village. But after a few months, we could not pay the bills anymore, so our meters were taken away,” 70-year-old Ms Nigode said.

“Even the electricity was for Sonia Gandhi, just to show that our village has progressed. She hasn’t come back to check, has she?” she added, displaying her framed photograph from the Aadhaar ceremony.

amruta.b@thehindu.co.in

Billionaire Nandan Nilekani files papers from Bangalore South seat

Bangalore, March 21: Multi-billionaire Infosys co-founder and Congress candidate Nandan Nilekani, with declared assets of Rs.7,770 crore, Friday filed his nomination papers for the high-profile Bangalore South seat. (Read: Congress doesn’t understand the nation: Modi)

Polling for the Lok Sabha elections will be held across Karnataka April 17.

Accompanied by wife Rohini and the ruling party’s cabinet ministers, leaders and cadres, Nilekani submitted the papers to the returning officer in the civic office at upscale Jayanagar in the southern suburb.

About 5,000 people gathered at the office and cheered him with slogans like “Vote for Nandan” and “Vote for Congress”.

“This is an important day for the people of Bangalore, not just for me because I believe this city deserves leaders who are passionate about building a better city for each one of us,” a beaming Nilekani told the gathering.

Reiterating that the city deserved leaders who were not hungry for power, Nilekani said they should be able to do something good.

“We need leaders who will create opportunities for others,” he asserted.

State transport minister Ramalinga Reddy, also the city’s in-charge minister, proposed Nilekani’s name.

“We are open about the wealth we have generated because it’s hard earned and we are transparent about every rupee. I believe that by doing this, we will encourage others to come forward about their wealth. It is important to bring honesty into politics,” Rohini said on the occasion.

Nilekani declared in the nomination that he and Rohini had assets worth a whopping Rs.7,770 crore (Rs.78 billion).

About 80 percent of the couple’s wealth was in the form of Infosys’ shares. Nilekani said he still owned 1.45 percent (8.35 million shares) of the company’s equity while Rohini had 1.3 percent (7.5 million shares).

The IT bellwether’s blue chip share of Rs.5 on par value ended Friday at Rs.3,305 on the Bombay Stock Exchange (BSE).

“This wealth was created while Infosys brought lakhs of jobs to Bangalore. The company also shared a lot of wealth with its employees through stock options,” Nilekani recalled.

Observing that the wealth the global software major brought had given him freedom to do what he wanted to, the former Unique Identification Authority of India (UIDAI) chairman said he would now like to give millions of people the opportunities he had.

“The Infosys story has inspired a generation of young Indians to start something on their own, to take risks that created wealth for the country, as well as millions of new jobs,” Nilekani asserted.

Since 1999, Nilekani and Rohini have donated about Rs.400 crore to various causes and charities.

“I am proud that my wealth is transparent. I have not made any money illegally, or hid it in investments outside the country. Nothing is hidden in someone else’s bank account and its all tax-paid,” the 58-year-old techno geek said.

Stressing on the importance of dreaming big and doing big, Nilekani said every Indian has a dream for India and a vision for what the country should be.

“Each of us should do what we can, with what we have, to make a difference and get us a little closer to what we envision,” Nilekani added.

Nilekani’s rival, Bharatiya Janata Party’s (BJP) five-time winner Ananth Kumar filed his papers March 19. Social activist Lila Nayak of the Aam Aadmi Party is yet to file her nomination.

Kumar Wednesday declared in his nomination papers he has Rs.75,000 in cash and a bank balance of Rs.6.39 lakh while his wife Tejaswani has Rs.1 lakh in cash and a bank balance of Rs.1.42 lakh.

Special Category Status and Common People of Bihar

The issue of special status to Bihar has come once again in the fore. The ruling Janta Dal (United) government called Bihar bandh on 2^nd of March in protest of the ignoring of the special status to the state by the centre.  Chief Minister Nitish Kumar has been repeatedly appealing the people of the state in party's sankalp rallies to give him support and vote to elect their candidates to all 40 Lok Sabha seats in the state for realising the demand of special category status.  

The BJP, the former ally of JD (U) in the state is not legging behind. The BJP had also called Rail Roko on 28^th February. Interestingly, the so-called communist parties the CPI and the CPI(M), who had long been opposing the anti people policies of former ruling BJP-JD(U) alliance government and present JD(U) government changed their stand overnight and supported the Bandh called by the JD (U) on March 2.  

Such an environment is being created that Bihar is progressing rapidly. If something is lacking that is the special status. It seems that all the problems and distresses of the people of Bihar would be addressed by getting special status. “If we get special status, we will contribute more to the country’s growth rate. And that day won’t be far when India will beat China," says Nitish Kumar. (Rediff.Com, March 18, 2013).

What does “special category status” mean?

In 1969 while devising formula for sharing central assistance among states, the Fifth Finance Commission acting in line to the Gadgil formula, named after the then Vice Chairman of Planning Commission Dr. D. R. Gadgil had accorded special status to three states, namely Assam, Jammu & Kashmir and Nagaland on the basis of harsh terrain, backwardness and social problems prevailing in these states.  National Development Council, set up on August 6, 1952, approved this.Thereafter number of such states has increased to 11. These are: Arunachal Pradesh, Assam, Himachal Pradesh, Jammu & Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura and Uttarakhand. As per Gadgil formula a special category state gets preferential treatment in federal assistance and tax breaks. The special-category states get significant excise duty concessions. Thus these states can attract some industrial units. Because, apart from investment of private capital and excise duty concessions some more factors viz. easy availability of raw material, transport facility, easy and sufficient availability of electricity, nearness from the market are necessary to establish industrial units. In the case of special-category states, 90% of Plan assistance was given as grants, and only 10% as loans. Earlier, 70% of the Plan assistance given to the states was loans and the balance 30%, grants.  

Logics in favour of Special Status

Those who are in favour of special status to Bihar hold that Bihar has been neglected since British rule. Even after independence the governments installed at centre deliberately neglected the state and followed the policy of discrimination. They say after the separation of Jharkhand three fourth recourses went to Jharkhand. 46 percent land went to Jharkhand while three fourth populations remained in rest Bihar. They argue the state has the second highest incidence of rural poverty in India. Moreover, Bihar has the poorest record of human development in India. They hold that despite tremendous population pressure, the railway infrastructure in Bihar is again the weakest in the country except some of the north-eastern states, union territories, and Jammu & Kashmir. They term Bihar as primarily a subsistence agrarian economy with the highest population density in the country.

All staking claims of fighting for special status

Is Nitish Kumar is the first, who raised the demand of special status to Bihar? Dr. Jagannath Mishra, three times Chief Minister of Bihar from Congress claimed that he had raised that demand right in 1976. RJD Chief Lalu Prasad Yadav is claiming that in 2000, after the formation of Jharkhand he had demanded for the first time for the special status to Bihar. The same claim has been stalked by the Lok Janashakti Party Chief Ram Vilas Paswan. Further Bihar Legislative Assembly passed a resolution on April 4, 2006 to accord special status to Bihar and it was sent to Prime Minister on June 3, 2006. A separate resolution was passed by the Bihar Legislative Council on March 31. 2010 and it was sent to Prime Minister on May 12. 2010. Now, it is clear that all the parties in power or in opposition are in favour of the special status to the state.

How much their claim is honest?

Now, let us see how much the claims of fighting for special status to the state is honest? It is known to all that such parties or the combination of parties has been in power of the state, who has been running governments in central or they were important partners of those governments. At first, take the case of Congress, which proclaims the oldest and the biggest party of the country. Congress ruled the country for a long time and in Bihar also. But what steps it took in order to eradicate the backwardness of Bihar?

Now, let us see how much Nitish Kumar and his party, the ‘campaigner’ of the special status to Bihar, are prompt for the development of Bihar and its inhabitants? The RJD Chief Lalu Prasad Yadav alleged that Nitish Kumar had opposed the demand of special status of Bihar in 2002, only to deny credit to the Rabri Devi government. (The Economic Times, April 2. 2013) LPJ Chief Ram Vilas Paswan opines that there were 34 MPs of NDA from Bihar during 1998-2004. Resolutions were passed twice in Bihar Legislative Assembly and sent to centre to accord the special status to Bihar. Nitish Kumar had been elected the convener of the Committee for raising this demand. Why did he not spell a single word for this at that time? (Tahelka, October15, 2011) Nitish had important ministries at centre. Then, why the campaign for special status could not proceed further that time? The BJP, ally of JD (U) in the state was also in the power of central government. There were seven ministers from the state in Vajpayee led NDA government in Central. But, how much Bihari people benefited? Interestingly, the then BJP ruled Uttrakhand and Himachal Pradesh got special status in the regime of BJP led NDA government in Centre. But, nothing was done for Bihar. Even the BJP leader Yashwant Sinha told in 2000 that Bihar should not get an assistance of single money from the centre. Today the very BJP leader and former Deputy Chief Minister Sushil Kumar Modi is demanding special status to the state.

The Lalu- Rabri government ruled Bihar over 15 years. They had good relation with the UPA government in centre also. It was seen that poverty, unemployment and the worse condition of the people of Bihar was not only very much prevalent but was accentuating in that span of time. The state was lagging behind in the affairs of education, health and industry. But Bihar got its significant position in the incidence of abduction, murder, loot, ransom and corruption. Ram Vilas Paswan, the self proclaimed Masiha of Dalits had the ‘key of power’ in Bihar in some occasions. He also had been in important portfolios in union ministry. But what did the people of Bihar get? Therefore, it is clear that all the parliamentary parties right from Congress, BJP to RJD and LJP cheated the people. Being elected by the votes of the common people of Bihar, they have been stabbing on their backs. In this way they have been serving the interest of their masters - the industrialists, capitalists and merchants of the state and nation. The so-called left parties the CPI and CPI(M) had been partners in central power. They did not make any effort in this direction nor they build up pressure or develop mass movement in this direction.

Despite much natural resources United Bihar was a backward state

There were a sizeable number of Industries, factories, mines and forests in erstwhile Bihar encompassing Jharkhand compounded with a vast area of multi crop agricultural land. The southern part of the state was in general full of mines, forests and industries, while crops were grown in plenty in the northern, eastern and rest part of the state. In spite of this the people living in this terrain compelled to migrate in Calcutta, in different parts of Bengal and Assam and in some other parts of the country for their subsistence. It is true that United Bihar was a backward and under developed state despite of the availability of plenty of natural resources and multi crop fertile agricultural land. In such a situation, it is quite natural to have question in mind why this was the plight and what role the parliamentary parties played to improve the situation? Moreover, why this situation was prevailed after 54^th years (in 2000 when Jharkhand was formed) of independence? Today, those who are demanding the special category status to Bihar were not unknown of the fact that backwardness will pounce the rest Bihar. In spite of that all helped directly or indirectly in the formation of Jharkhand. The consequence is being experienced by all of us. Major industrial units went to Jharkhand. The industrial units of Rohtas, Madhaura and Muzaffarpur in rest Bihar were already locked out. The sugar factories of Motipur and Goraul and Ashok Paper Mill of Darbhanga were closed. Now, the agriculture is the only base in Bihar But As we know employment is not available in regular basis in agriculture. Therefore, the Bihari youths compelled to migrate Delhi, Punjab, Haryana and Gujarat after facing acute problems of economic worsening condition and unemployment and this migration is still prevalent today. Though, it is found that they are not able to lead a human life there. Thus we find that the erstwhile united Bihar and the rest Bihar after the formation of Jharkhand was backward economically and that situation is quite present even today. Naturally, one may ask frequently the reason behind it.

The ongoing policy of reaping maximum profit and its consequence

We are to pay our attention on the economical and political structure of the country for the proper answer of that question. From the critical analysis of the production system prevailed in the country we find capitalist production system is prevalent on the motive of reaping maximum profit based on owner and worker relationship. Ruthless exploitation by domestic capitalists established in place of colonial exploitation and its rule. The production in this political-economical system is not conducted keeping the view of the necessity of people, but in the motive of earning maximum profit. As a result of this productive process we found that the condition of the toiling people, the majority of the masses of the country became worse, poor became poorer on the one side and the heap of the wealth and capital of a handful of capitalists-industrialists increased, rich became richer on the other. Evidently, no comprehensive planning is formulated for the development of people or regions in this productive system. Likewise no equal and even development of people or regions occur. Not only this, industrial development succeed agricultural development in this production system. This is why some states and regions achieved more advancement while others are lagging behind. The backwardness of the state of Bihar is the outcome of this economic process.

Today’s Nitish ruled Bihar

It is known to all that the promises of Nitish Kumar made with the people of Bihar are not only unfulfilled, but the situation getting worsen. According to the recent statics of Multi-dimensional Poverty Index the 81.4 per cent of the total population of the Bihar is in poverty. The common people are terror stricken with the incidence of murder, loot, abduction and corruption and bribery at all levels of the administration. The process of privatization is in swing in the name of PPP in sectors like education, health, power, transport and municipal corporations. No recruitments are there in the government departments in regular basis. However, some stray recruitment is seen, they are mostly on contractual basis. The workers and employees are denied of their hard earned service facilities. Bihar electricity Board has been splited into different private companies. The rate of power tariff and holding tax has been increased excessively. Democratic rights of workers and employees are being snatched one after another. Movements of common people on their democratic and legitimate demands and are being suppressed by the police force. Even the teachers sitting on dharnas on their legitimate demands are tortured by batons, bullets and water cannons. It is evident; in spite of parroting the ‘development’ and ‘good governance’ the present government is out and out anti people.

Nitish’s motive behind the demand of special status

While addressing the people gathered in Ramlila Ground in Delhi on March 17 Nitish Kumar, the chief campaigner for the special to the state said,  “Post-2014 elections, the person who sits in power will be the one who gives special status not only to Bihar, but every backward state." He went on saying that no political combination should think of ruling Delhi after the 2014 elections if it ignored Bihar’s rights. (Rediff.Com. March 18. 2013) He made it clear that the issue of ‘special category status to Bihar’ is the issue of getting share in the power of centre and the issue of bargaining from Congress led UPA and BJP led NDA, two major points of power in Indian politics. That is why he did not discuss even a bit in ‘Adhikar Rally’ on the burning problems of price rise, unemployment and corruption, the people of Bihar confronting with. The another question is also very much pertinent, i.e. why the demand being raised by Nitish Kumar and his cohorts and being termed a panacea was not so important when he himself was in central power. 

If Bihar gets special status

Suppose Bihar gets the special status, would the problems and distresses of the people living here be solved? Let us suppose there would be some private invest here, one or two industries would be set up. But we have to understand how many people would get employment by this? The people who have a bit of knowledge regarding the economy, they know now a day the era of monopoly capital and after all the multi-national capital has arrived passing out the phase of free competition. In the name of globalization and liberalization the capital is mercilessly exploiting the toiling people all over the world surpassed the national boundaries. Today in the phase of acute economic crisis prevailing in the entire world those one or two industries are set up, they are of capital intensive nature based on high- technology. So, hope for uninterrupted industrialization and consequently the huge scope for employment in the era of decadent and dying capitalism and thinking that the worsening condition and destitution of the people of Bihar would slow down is nothing but a day dream.

Again, is the position and condition of the states enjoying special status much better? Data and figures say that the people of small states enjoying special status could not achieved required development. According to the recent statics of Multi-dimensional Poverty Index the 57.6 per cent people of North-East states enjoying special status are in poverty. Assam, enjoying special status ranks 16^th in the Human Development Index prepared by the Indian Human Development Report in 2011, while all North-East states, except Assam ranks 6^th and Uttarakhand, falling in same category ranks 14^th.  Anyone can see the acute problem of increasing price rise facing these states despite of enjoying special status. Similarly they suffer from the problem of unemployment and mal nutrition. Is there treatment facility for all living there? Are the people living there free from the problems of cultural and ethical degradation? Are they not experiencing the problem of atrocities on women? Actually, all these problems are present there in their full existence.

Need of the hour

Experiences say that the ruling class has been making false promises to the people of the country. In some times slogans like ‘Socialist pattern of society’, ‘Twenty point programmes’ and ‘Poverty eradication’ are thrown to the people. Then the slogan of ‘Reservation’, ‘Society of equality’ and ‘Development with justice’ was raised. And now, the people of Bihar are being confused with ‘Special Category Status’. Should the common people of Bihar be influenced by these types of falsehoods of the ruling class brought by the political parties.

Actually what the people of Bihar need? They need at least two meals in a day, residence for living, cheap and quality education to his kids, treatment in illness and a healthy social-cultural environment.  It is regrettable but true that the people of Bihar do not have even these.

It was necessary to work out a concrete and a comprehensive plan for united and the rest of Bihar. The ruling class and the parties serving their interest exploited the people of the country and Bihar. Following this process a handful of people developed, their wealth accumulated in heavy heaps on the one hand, the lives of the majority of the people of the nation and Bihar got worsened on the other. This process is on and intensifying continuously. In such a situation it is necessary to develop mass movements on the burning problems of people’s life and compel the government to fulfill all these.