In your interest.
Online Personal Finance Magazine
No beating about the bush.
The biometric technology vendors have admittedly built their coalition to outwit progressive movements as part of their divide and succeed strategy wherein organisations of both left and right hues have been persuaded to act like their mouth pieces or maintain studied silence
Endorsing Supreme Court’s order, the Parliamentary Standing Committee (PSC) on Finance in its most recent report has asked Government of India to issue instructions to state governments and to all other authorities that 12-digit biometric unique identification (UID)/Aadhaar number should not be made mandatory for any purpose.
The Seventy Seventh Report of the 31-member Parliamentary Standing Committee (PSC) on Finance reads, “Considering that in the absence of legislation, Unique Identification Authority of India (UIDAI) is functioning without any legal basis, the Committee insisted the Government to address the various shortcomings/issues pointed out in their earlier report on 'National Identification Authority of India Bill 2010' and bring forth a fresh legislation.” It was presented to the Speaker on 18 October 2013 upon authorisation by the PSC by Yashwant Sinha, the Chairman of the PSC.
PSC report’s categorical recommendation reads, “The Committee would like to be apprised of the details in this regard particularly in the light of recent judgement of the Supreme Court mentioning that no person should suffer for not possessing the Aadhaar card. The Government must in the meantime issue instructions to State Governments and to all other authorities that it should not be made mandatory for any purpose.”
This was ahead of the resolution passed by West Bengal Assembly on 2 December 2013 against Aadhaar related program. Legislators in the Assembly referred to the PSC report of January 2011 trashing Aadhaar. More and more state assemblies are expected to do the same. Meanwhile, Madhya Pradesh High Court has listed a case against Aadhaar on 15 January 2014 for hearing. In a related development the case against the illegal 12-digit biometric Unique Identification (UID)/Aadhaar number is now scheduled to be heard on 7 January 2014 in the Supreme Court. High Courts of Punjab & Haryana and Andhra Pradesh have already raised questions about its legality. Most opposition parties other than new ones like Aam Aadmi Party (AAP) have taken a position on this issue regarding mankind’s biggest biometric database. The Bengali and English text of the resolution passed by West Bengal Assembly is attached.
This Seventy Seventh Report of PCS deals with the action taken by Government on the recommendations contained in the Sixty Ninth Report of the Committee (Fifteenth Lok Sabha) that was presented to Lok Sabha and laid in Rajya Sabha on 22 April, 2013. The PSC report concludes, “Committee has time and again insisted the Government to address the various shortcomings/issues pointed out in their earlier Reports and bring forth a fresh legislation on UIDAI.” Notably, 'National Identification Authority of India Bill, 2013 is listed for introduction after generating “more than 44 crore Aadhaar.”
PSC report disapproves of the grievance redressal mechanism of the UIDAI. “The Committee is dissatisfied to note that the action taken reply is elusive on the number and nature of complaints received regarding issue of Aadhaar Cards.”
Irregularities committed by the illegal UIDAI has been dealt with from page no. 11 to 14 of this Report of the 31-member Parliamentary Committee on action taken by Government on the recommendations contained in the Sixty Ninth Report of the Committee (Fifteenth Lok Sabha) on Demands for Grants (2013-14) of the Ministry of Planning.
The PSC notes that “out of 60 crore residents to be enrolled by UIDAI by March 2014,...While the details regarding number of Aadhaar numbers generated has been furnished, the reply (of the Government) is silent as regard to the numbers issued.” The report notes that replies indicating action taken on all the recommendations contained in the Report were furnished by the Government on 22 July, 2013.
The PSC report observes, “the total budgetary allocations made for UIDAI since its inception upto (Budget Estimates) BE 2013-14 is Rs5,440.30 crore, out of which Rs2,820.30 crore has been utilised up to 31 March 2013 and the remaining amount of Rs2,620 crore has been allocated in BE 2013-14. The Ministry has informed that the average cost per card is estimated to range from Rs100 to Rs157. Taking the average cost per card to be Rs130, the total expenditure for issue of 60 crore cards is estimated to about Rs7,800 crore. Thus, the expected requirement of funds during 2013-14 is Rs4,979.70 crore, whereas only Rs2,620 crore has been kept for BE 2013-14, which is thus grossly inadequate. Given the tardy progress in enrollment/ generation of aadhaar cards, being done without legislative approval, it is doubtful that UIDAI could achieve the targets envisaged during 2013-14. The Committee is constrained to observe a disturbing approach in the budgetary exercise of the Ministry by fixing inflated targets without commensurate budgetary allocations. The Committee would, therefore, expect the Government to review enrolment progress/funds requirement and project realistic requirement of the funds after legislative approval.”
In an interesting development, Mukesh Ambani of Reliance Industries has expressed his support for biometric identification saying, “Aadhaar, an initiative of Unique Identification Authority of India, will soon support the world’s largest online platform to deliver government welfare services directly to the poor.” He has written this in a chapter titled ‘Making the next leap’ endorsing biometric profiling based identification in the book ‘Reimagining India’ edited by McKinsey & Company published by Simon & Schuster in November 2013. This appears to be an explicit signal to the political parties and media houses who receive direct and indirect corporate donations from companies as their clients in myriad disguises.
Coincidentally, the cover story of Forbes India magazine features “Rohini & Nandan Nilekani: The Conscious Givers” (Seema Singh, 13 December 2013 issue) for having won Outstanding Philanthropist award 2013. They won the award for “having given nearly Rs350 crore, especially to ideas which CSR doesn’t fund. Rohini has committed to giving Rs20 crore every year; Nandan has spent five years at UIDAI as part of the ‘giving back to society’ process.” It says, Nandan has a mission to invest “in institutions that pay off over years.”
The story notes “For Nandan, giving years to public causes is more expensive than writing cheques for ‘a few hundred crores’.” It reveals that Nandan is taking lessons in Kannada from a teacher to improve his Kannada ahead of announcement of the candidates by the political parties because certain ideas need “political energy” to get implemented. Notably, Rohini Nilekani funds both rightwing Takshashila Institution and left-leaning Economic and Political Weekly besides Association for Democratic Reforms, PRS Legislative Research and IndiaSpend, a data journalism initiative and The Hoot besides running her own Arghyam Foundation, a NGO.
It is germane to recall the strategies employed by the Stratfor precursor Pagan International to defuse the mobilisation of grassroots movements for his corporate clients. It used it to divide the main actors into four groups: Radicals, Idealists, Realists and Opportunists. The Opportunists are in it for themselves and can be pulled away for their own self-interest. The Realists can be convinced that drastic change is not possible and we must settle for what is possible. Idealists can be convinced they have the facts wrong and pulled to the realist camp. This categorisation is true about political, media and voluntary organisations as well. A noticeable section of these organisations have been co-opted to promote biometric aadhaar. The biometric technology vendors have admittedly built their positive coalition to outwit the negative coalition of progressive movements as part of their divide and succeed strategy wherein organisations of both left and right hues have been persuaded to act like their mouth pieces or maintain studied silence or address the issue at stake in a piecemeal manner.
Incidentally, another cover story titled “The Network Effect” (Caravan, Rahul Bhatia, 1 December 2013) has dwelt on how the big businesses like Reliance Industries have come to control both the message and the medium like TV18, which was part of the Network18 group that includes CNBC-TV18, the IBN channels, Forbes India magazine besides other channels, publications and websites. Not surprisingly, media houses in general appear quite supportive of the biometric Aadhaar disregarding its illegality and illegitimacy due to umbilical relationship or due to their dependence on advertisement revenues from agencies and enterprises that advocate biometric identification.
Now the question is will state legislatures and state governments support the recommendations of the parliamentary committee, Supreme Court, High Courts and the resolution of West Bengal Assembly guided by public interest or will they get influenced by the propaganda of transnational vested interests?
You may also want to read…
(Gopal Krishna is member of Citizens Forum for Civil Liberties (CFCL), which is campaigning against surveillance technologies since 2010)
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. Those who support Aadhaar and NPR seem to display unscientific temper by implication
The reason for the vehement opposition to 12-digit biometric unique identification (UID)/Aadhaar number project is that 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. This is the argument that has been advanced by the lawyer representing the opponents of the project in the Supreme Court. The matter is likely to be heard again on 10th December.
For a 21 month period between 25 June 1975 to 21 March 1977, the country was put under internal Emergency under Article 352 of the Constitution of India, effectively bestowing on Indira Gandhi, the then Prime Minister, the power to rule by decree, suspending elections and civil liberties. This was made legal and it remained so as long as it lasted. The powers given to her virtually had no limits. The human body came under assault as a result of forced vasectomy of thousands of men under the infamous family planning initiative of Sanjay Gandhi.
Like Indira Gandhi, Dr Manmohan Singh has been a Prime Minister for nearly 10 years. The installation of authoritarian architecture through biometric identification of Indians is likely to get the similar response from voters as they had given in the aftermath of proclamation of emergency. The human body is again under attack through indiscriminate biometric profiling, with patronage from Rahul Gandhi. Indian National Congress (INC) is likely to face a bigger defeat than it had suffered in 1977. Uttar Pradesh elections and the recent assembly elections are indicative of the trend.
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 the UID/Aadhaar cannot be made mandatory. As such the 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 number 8 in the Aadhaar Enrolment Form on the first page refers to “agencies engaged in delivery of welfare services” but 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?
On page number 2 of the Aadhaar Enrolment Form provides, “Instructions to follow while filling up the enrolment form” which states that column numbered 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 number 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 may refuse to give their consent.
Are the agencies with whom Planning Commission’s Unique Identification Authority of India (UIDAI) on behalf of President of India has signed contract agreements with foreign surveillance technology companies like Accenture Services Pvt Ltd, US, Ernst & Young, US, 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 seven years as per Retention Policy of Government of India or any other policy that UIDAI may adopt in future. The purchaser is President of India through UIDAI.
The contract agreement is applicable to both Planning Commission’s Centralised Identities Data Repository (CIDR) of digit biometric unique identification (UID)/Aadhaar number which is ‘voluntary’ and the ‘mandatory’ National Population Register (NPR) of Ministry of Home Affairs which is also generating Aadhaar number. Notably, column number 2 in the Aadhaar Enrolment Form on page number 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” number 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 to it being “voluntary” it is not so by design. It is evident that the Prime Minister has been miser with truth.
Initially, it seemed surprising as to why L1, a high value company that worked with the US’ intelligence was sold to French conglomerate Safran group which has a 40 year partnership with China. It also seemed puzzling as to why the contract 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.
Now the question is do 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.
There is no confusion as to why such agencies of US, 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.”
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 have 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– user ID/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.
Notably, ESL Narasimhan, governor of Andhra Pradesh said, “We are spending thousands of crores on identification cards every other day and then saying it is useless card. It happened in case of citizenship card, PAN card, voter identity card and now they are coming to Aadhaar card. He was speaking at the inaugural session of fifth international conference on 'emerging trends in applied biology, biomedicines and bio-forensics'. This was reported by Business Standard on 30 November 2013.
Narasimhan is a former head of the Intelligence Bureau (IB). DNA analysis has become so cheap that within a few years instead of an Aadhaar, one can have whole DNA sequence with unique marker because “with a few thousand rupees, everybody's entire DNA sequence can be put on a card", argued Ramakrishna Ramaswamy, vice chancellor, University of Hyderabad, speaking at the same conference. It is noteworthy that these efforts are going in a direction wherein very soon employers are likely to ask for biometric data CD or card instead of asking for conventional bio-data for giving jobs etc. It is likely to lead to discrimination and exclusion.
In villages, they say when you give a hammer to a blacksmith he/she will only think in terms of nailing something. The only difference is that here it is the human body which is being nailed. If you only have a hammer, you tend to see every problem as a nail. If biometric technologies are at hand, some people under the influence of technology tend to see every problem as an identification problem.
The UIDAI paper states, “Of the 3 modes, fingerprint biometric happens to be the most mature biometric technology in terms of usage, extraction/matching algorithms, standardisation 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 human beings is reliable under all circumstances of life is largely conspicuous by its absence in India and even elsewhere.
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? A report “Biometric Recognition: Challenges and Opportunities” of the National Research Council, USA published on 24 September 2010 concluded that the current state of biometrics is ‘inherently fallible’. That is also one of the findings 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.
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.”
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.”
Notwithstanding similar unforeseen consequences Prime Minister’s faith in biometric remains unshaken. It seems that considerations other than truth have given birth to this faith. Is there a biological material in the human body that constitutes biometric data which is 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.
Those who support Aadhaar and NPR seem to display unscientific temper by implication.
Unmindful of this all the political organisations and institutions of government who supported imposition of emergency are likely to support biometric identification project as it helps build a permanent emergency architecture which was conceived during the imposition of internal emergency.
You may also want to read…
(Gopal Krishna is member of Citizens Forum for Civil Liberties (CFCL), which is campaigning against surveillance technologies since 2010)
Biometric profiling for electronic monitoring is used across the world as a punitive tool for criminals. The threat of exclusion in absence of biometric-based Aadhaar on decrees and sanctions is unconstitutional as it would snatch the right to life and livelihood of all Indians
For creating a biometric profile of Indians, the National Identification Authority of India Bill, 2013 which was re-approved by the Union Cabinet on 8 October 2013 is listed for re-introduction in the Lok Sabha in the winter session for consideration and passing. Biometric profile is akin to a prisoner identification number although it is assigned by inheritance, not by the government.
On 19 November 2013, while inaugurating Bhartiya Mahila Bank meant for providing financial services to women in general and women self-help groups in particular in Mumbai, Sonia Gandhi, president of Indian National Congress said, “I believe that the use of Aadhaar has the potential to revolutionise the relationship of the vast majority of our people with our financial systems through the delivery of subsidy, welfare and cash payments. Through direct benefits transfer (DBT), Aadhaar will eliminate middlemen and reduce corruption on a large scale. But for this to happen banks have to come on board quickly.” This statement appears to be in contempt towards Supreme Court’s order of September 2013 because linking of direct benefits transfer with Aadhaar makes the latter mandatory which has been prohibited by the court.
Sonia Gandhi’s endorsement of biometric technology based Aadhaar for delivery of subsidy, welfare and cash payments through DBT has been rejected by the Supreme Court by its order of 23 September 2013 which was reiterated on 26 November 2013. Andhra Pradesh High Court and Punjab & Haryana High Court have also questioned its legality. In a significant development West Bengal State Assembly passed a resolution rejecting linking of biometric Aadhaar with DBT on 2 December 2013.
In a communication to this author, Prof Tarun Kanti Naskar, member of legislative assembly (MLA) from Socialist Unity Centre of India (SUCI) party in West Bengal informed, “the government moved a resolution on Aadhaar opposing only on technical issues like getting the card by 15% of state population thereby a problem of availing the subsidy of LPG. I on behalf of the party supported the resolution saying Aadhaar should be opposed on principled points of views like: violation of Parliament's prerogatives, chance of abuse of power, no statutory sanction, chance of using the personal data for surveillance purposes, outsourcing the data to private organisations and even to abroad etc. The resolution was passed unopposed. Congress was not in the House.”
It is evident that from this resolution that all the parties other than Indian National Congress are opposed to the implementation of Aadhaar based programs. Sonia Gandhi’s proposition has been challenged through Writ Petition (Civil) 833 of 2013 in the Supreme Court by Aruna Roy, her ex-colleague in the National Advisory Council (NAC) because biometric Aadhaar violates the fundamental rights enshrined under Part III of the Constitution of India.
Unmindful of the fact that people’s right to energy and to cooking fuel funded by government is being snatched away by linking it with Aadhaar. The right to life and livelihood is under tremendous threat because significantly large number of Indians has been moved away from fire wood and coal based cooking. Delhi, for instance claims to be a 100 % LPG state. That means right to life and livelihood can be snatched away with its link with Aadhaar. Thus, the threat of exclusion in absence of Aadhaar based on decrees and sanctions unleashes violence on the people. This is unconstitutional.
The resolution of West Bengal State Assembly against Aadhaar paves way for other State legislatures to rigorously examine the ramifications of biometric information based identification of residents of India in the light of global experiences.
A release of Press Information Bureau (PIB) dated 7 November 2013 issued by Planning Commission states “all necessary steps have been taken for introduction of the National Identification Authority of India (NIDAI) Bill, 2013 in the winter session of Parliament likely to commence from the 1st week of the next month. The Union Cabinet has already approved the proposal submitted by the Ministry of Planning for moving official amendments to the Bill last month.”
It may be recalled that The National Identification Authority of India (NIDAI) Bill, 2010 was introduced in the Rajya Sabha on 3 December 2010 after the launch of 12 digit biometric unique identification (UID)/Aadhhar number by Dr Manmohan Singh and Sonia Gandhi on 29 September 2010. This Bill of 2010 was referred to the Parliamentary Standing Committee (PSC) on Finance. The PSC presented its Report on NIDAI Bill to the Lok Sabha and laid it in Rajya Sabha on 13 December 2011 wherein it questioned the legality, constitutionality and necessity of the UID/Aadhaar number.
The NIDAI Bill proposes to constitute a statutory authority to be called the NIDAI and lay down the powers and functions of the Authority, the framework for issuing biometric Aadhaar numbers, define offences and penalties and matters incidental thereto through an Act of Parliament. It is not clear from this as to what is the current framework for “offences and penalties” and liability and accountability of officials of UIDAI who are “functioning under the executive authorisation” based on the opinion of the Ministry of Law and Justice and the opinion of the Attorney General of India.
Responding to PSC’s report, Planning Commission records that “Among the procedural issues raised by the Committee are untested and unreliable technology, global experience of identity projects, high cost, absence of study on financial implication, duplication of effort with National Population Register exercise and inability to in covering full or near full the marginalised sections.”
After that the Commission unsuccessfully responds stating, “UIDAI, in terms of technology has already generated more than 44 crore Aadhaar and is currently processing over 1 million Aadhaar per day with a capacity to undertake 180 trillion biometric matches per day. This makes it the largest database of its kind in the world. Aadhaar is aimed at building a basic Identity and verification infrastructure for welfare and inclusive growth. It is important to note that the cost projections for the UIDAI project has also been earlier approved by the Government of India for total amount of Rs12,398.22 crore as compared to Rs1.50 lakh crore as reported in some media some time back. The total cumulative expenditure incurred by UIDAI, since inception of the Project, is Rs3,490 crore as on 30 September 2013. A Cost-Benefit Analysis of Aadhaar Project conducted by the National Institute of Public Finance and Policy (NIPFP) shows that the Internal Rate of Return (IRR), in real terms, generated by Aadhaar would be 52.85%. In January 2012, it was decided with the approval of the Cabinet Committee on UIDAI, that NPR and UIDAI enrolments should proceed simultaneously.”
Clearly, the Commission has failed to inform citizens and the legislatures about the “global experience of identity projects” and to respond to the PSC’s charge that “untested and unreliable technology”, large number of enrollment using this technology is hardly an answer. With regard to “absence of study on financial implication” as noted by PSC, even the NIPFP study provides no data on the extent of the leakage, which is sought to be plugged using Aadhaar. The study itself reveals that there is absence of data in this regard. Outdated data can hardly be deemed sufficient. Besides this was not even an ‘independent study’ because researchers did not disclose their conflict of interest emerging from group's research affiliations with the UIDAI.
In its report, PSC has taken the government to task for “duplication of effort with National Population Register exercise”. In a meek response, Planning Commission simply states that it was decided by the “Cabinet Committee on UIDAI (CCUIDAI), that NPR and UIDAI enrolments should proceed simultaneously.” Does reference to the decision of CCUIDAI provide satisfactory answer to the charge of “duplication of effort” made by PSC?
The UIDAI was set up as an attached office of the Planning Commission as per a notification dated 28 January 2009. It is now proposed to be set up as a statutory authority by the name of NIDAI upon passage of the NIDAI Bill, 2013 after NIDAI Bill, 2010 was rejected by the PSC.
The PIB release notes that PSC had observed that the pending the passage of the Bill issuance of Aadhaar numbers was "unethical" and "violative" of Parliament prerogatives. Responding to PSC’s observation, Planning Commission states, “The issuance of Aadhaar was based on the opinion of the Ministry of Law and Justice and the opinion of the Attorney General of India which had clearly stated that the UIDAI can continue to function under the executive order issued by the Government and there is nothing in the law, or otherwise, which prevents the Authority from functioning under the executive authorisation.”
This claims faces legal challenge in the Supreme Court. If NIDAI Bill, 2013 is sent again to PSC, it too is likely to contest the claim that a Notification of Planning Commission is superior to the Ordinance issued under Article 123 in the Constitution of India that empowers the President to promulgate Ordinance during recess of Parliament. In the case of ordinance, it requires to be passed as an Act by the Parliament within six months of its promulgation to be deemed legal but it is clear from what the government claims that the notification does not mandatorily need Parliament’s consent even after almost five years. Assuming that notification is an act of subordinate legislation, the question is under which parent Act was it issued. It is a fit case for examination by the Parliamentary Standing Committee on subordinate legislation.
The NIDAI Bill seeks to give statutory status for the Unique Identification Authority of India which wants to database all Indians by claiming to provide them with a biometric data based Aadhaar identity as if Indians do not have an identity. The revised text of the Bill is not in public domain. After the introduction of the Bill it is likely to be sent to PSC on Finance.
The NIDAI Bill seeks to provide “for authentication of the Aadhaar number of an Aadhaar number holder in relation to his biometric information and demographic information subject to such conditions and on payment of such fees as may be specified by regulations” and for “Specifying the demographic information and biometric information for enrolment for an Aadhaar number and the processes for collection and verification thereof; 1 service delivery organisations/Ministries.”
According to US Federal Bureau of Investigation (FBI), “Biometrics are the measurable biological (anatomical and physiological) or behavioural characteristics used for identification of an individual. Fingerprints are a common biometric modality, but others include things like DNA, irises, voice patterns, palm prints, and facial patterns.”
It may be recalled that National Human Rights Commission (NHRC) had issued suo motto notice on 7 February 2011 to the Union Ministry of External Affairs (MEA), when Indian students were made to wear radio collars in Try Valley University in California, US.
In response, a communication from the then Union Foreign Secretary, Nirupama Rao reads: “We have also strongly protested the radio collars as unacceptable, which should be removed immediately. We have also conveyed that we expect the US Government to take steps to prevent such universities from exploiting foreign students."
A collar fitted with a small radio transmitter that when attached to human beings or wild animals can be used in tracking their animal's movements by radio telemetry. Radio telemetry is the use of radio for the transmission of voice information from a transmitter on a free-ranging living entity to a receiver. If biometric profiling is so innocent why NHRC issued notice to MEA and why MEA registered its strong protest against it?
The case of a leading candidate for the 2012 French Presidency, Dominique Strauss-Kahn, head of International Monetary Fund (IMF) who faced allegations of sexual assault on 32-year old hotel maid also merits attention. He was made to wear electronic monitoring ankle bracelet by New York Supreme Court. If biometric profiling for electronic monitoring is good, why was it used as a punitive tool?
UIDAI had constituted a committee to review the state of biometrics to "serve the specific requirements of UIDAI relating to de-duplication and authentication” and to “obtain consensus (for) widespread propagation of biometrics in governmental and private sectors.” It was set up on 29 September 2009. Notably, Nandan Nilekani was appointed as the Chairperson of UIDAI on 2 July 2009 and he assumed charge on 23 July 2009. The committee on biometrics submitted its report in December 2009.
The UIDAI issued a “notice inviting applications for hiring of biometrics consultant” for “proof of concept of biometric solutions for UIDAI project” in February 2010 ahead of the launch of the biometric data based UID /Aadhaar. But the `UID enrolment proof-of-concept (PoC) report' emerged on the UIDAI’s website in February 2011. It may be noted that it came to light after UID/Aadhaar was already launched in September 2010 by Sonia Gandhi.
The PoC report reads: “The goal of the PoC was to collect data representative of India and not necessarily to find difficult-to-use biometrics. Therefore, extremely remote rural areas, often with populations specialising in certain types of work (tea plantation workers, areca nut growers, etc.) were not chosen. This ensured that degradation of biometrics characteristic of such narrow groups was not over-represented in the sample data collected.”
The report did not disclose how will those Indian residents be included whose fingerprints and iris scan cannot be captured. Even Nilekani conceded in his talk in Washington at World Bank office in April 2013, that “nobody has done this before, so we are going to find out soon whether it will work or not”.
Now it is for the Parliament, State legislatures, Supreme Court and High Courts besides citizens to ponder over whether or not they are willing to allow themselves and their coming generations to be treated like guinea pigs for biometric technology companies to experiment and find out whether it works or not.
You may also want to read…
(Gopal Krishna is member of Citizens Forum for Civil Liberties (CFCL), which is campaigning against surveillance technologies since 2010)