Ramesh Kurhade and Dhruv Desai Felicitated for Their Successful Fight Against Aadhaar
Activists and concerned citizens around India have been fighting against mandatory linking of Aadhaar on various fronts. Even after Supreme Court’s ruling on where Aadhaar is not mandatory, there have been situations where the unique ID is still being erroneously asked as a prerequisite for providing some service. 
 
Recently we learned about Ramesh Kurhade, a Mumbai Port Trust employee, who refused to link his Aadhaar with salary account in the bank. Even after Mumbai Port Trust stopped his salary payments, he held strong for nearly 30 months fueled by his principles and firm belief that linking of Aadhaar for salary account was unconstitutional and not mandatory. Hearing about Mr Kurhade’s courageous fight, Moneylife Foundation had organised a small gathering of activists and citizens to felicitate and honour him.
 
 
Explaining how he decided to approach the Court for resolution, Mr Kurhade said, “I wrote letters to the Secretary and Chairman of Port Trust, but they were all in vain. I got absolutely nothing from them. Then being put in such a tight spot, I recalled a popular thought ‘A smart person should not climb the steps to Court’. I told myself if a smart person should not climb those steps, then perhaps I should become mad and take this extreme action.”
 
Also being felicitated was Dhruv Desai, a student of Moneylife Foundation’s  trustee Dr Anupam Saraph. Although his fight against mandatory linking of Aadhaar was not as extreme as Mr Kurhade, he too has stood firm in his principles. Learning from Dr Saraph on the flaws of the Aadhaar based payment systems, Dhruv realised that, “by succumbing to submitting Aadhaar, (he is) being made party to weaken the financial system”. He credited Dr Saraph, in making him realise the flaws of Aadhaar and further enabling him to take a stance against mandatory linking for opening a new bank account in HDFC bank. 
 
 
Dr Saraph added his viewpoint on the UID by stating that, “When the government introduced it, they basically said we do not recognise you as a person unless if you have the Aadhaar. No ministry, no corporate would recognise us, unless we have an Aadhaar or unless we fight and try to escape this. It is important to note that once you have an Aadhaar you are no longer in control of your identity. Anyone can duplicate your Aadhaar details for doing transactions in your name and you cannot deny them. There is no mechanism to distinguish between transactions that you have done legitimately and transactions done by someone else using your Aadhaar details.”
 
 
Human rights activist Vickram Crishna, who fights for protection of personal privacy and was one of the petitioners to the Supreme Court against Aadhaar had this to say on his fight against Aadhaar, “Primarily when we took up this case against Aadhaar, the first thing that attracted us was that our civil liberties were being put at risk. Being brought up in Delhi, under the shadow Rashtrapati Bhavan and the Supreme Court, it never occurred to me that as citizens of India, our fundamental rights are not being protected. The government challenged our fundamental rights and said no you don’t have a right to your own body, your own privacy. Not only were our civil liberties at risk, but it was being done in an extremely casual and very technically weak manner.” 
 
 
Present at the gathering were also other activists and concerned citizens, such as Raghu Godavar, a member of the ‘Rethink Aadhaar’ campaign, Kamyani Bali Mahabal, Adv Murali Neelakanthan, RN Bhaskar and Jude D’Souza. 
 
Senior counsellor Neelakathan shared his ordeal related to the Income Tax office and how one needs to link their Aadhaar for IT purposes as well. He questioned how can Aadhaar be used a means for identification when UIDAI says that it is in fact not an identity proof. 
 
 
Yogesh Sapkale, director-projects, of Moneylife Foundation, also shared his views saying, “In the past 10 years that I have witnessed the fight against Aadhaar, I have seen that until you resist, the other side will pressurize you into submission. For example, if you want to acquire a new SIM card from a mobile operator or port your number to a different operator, the representative would first ask for your Aadhaar and say the activation will be done in few hours. If you resist, they will say SIM activation will take 2-3 days. But why do you want activation to be done in few hours, especially for a new number, which is not known to others? And when you resist submitting Aadhaar, they will finally relent and accept other valid documents required for your know-your-customer (KYC) requirement.”
 
Sharing some important lines from the constitution, Raghu Godavar summed up the session by quoting a very important line from the book The Transformative Constitution authored by Gautam Bhatia, “…that the individual shall not be required to relinquish any of his constitutional rights as a condition precedent to the receipt of privilege. That the state shall not delegate powers to private persons to govern others.”
 
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    COMMENTS

    ROHIT SAXENA

    1 month ago

    EPFO force linking of Aadhar with UAN. This is against the SC order, but no one is bothered. In New India, SC is losing its relevance.

    Bapoo Malcolm

    1 month ago

    I believe that non-payment of salary is an offence that can be compensated by a fine. Or atleast interest.

    REPLY

    Bapoo Malcolm

    In Reply to Bapoo Malcolm 1 month ago

    I meant for others like Mr. Khurade. There must be more.

    Bapoo Malcolm

    1 month ago

    Two days ago, I wanted a new SIM card. The seller confessed that they were forced to collect Aadhar. When I resisted, and he knows me well as an advocate, he brought out a list of other identities accepted. It also included my High Court card! And my driving licence and many other IDs that I had. But the service operator sent me an SMS saying that I had to visit again. Same shop. Now suppose that I had booked it far away. Sheer harassment. We need more gentlement like M/s Khurade & Desai. God bless them.

    Praveen Rathore

    1 month ago

    We salute Mr. Ramesh Kurhade and Mr. Dhruv Desai struggle and ironclad will. #respect.

    Baskar

    1 month ago

    Not paying him salary is fundamentally wrong. I appreciate his efforts fighting against that. While I appreciate it, can someone help me to understand as what so wrong in linking your adhaar to your salary account?

    REPLY

    Dhruv

    In Reply to Baskar 1 month ago

    Aadhar enabled payment system is a flawed framework, that facilitates transactions which cannot be traced. Hence, more the bank accounts linked with Aadhar, more are the chances of untraceable, unaccounted transactions, leading to money laundering.

    More details
    https://www.moneylife.in/article/how-aadhaar-linkage-can-destroy-banks/38736.html

    Hence, not only salary, Aadhar linkage with any bank account should be resisted.

    Mumbai’s Infrastructure Woes: Is Fear-Psychosis Leading to Poor, Unqualified Decisions?
    The monsoons are soon approaching and Mumbai is still far from being prepared for it, from roads being dug up for Metro construction work to bridges being shut for safety reasons. Recently a report was even published citing Mumbai as the worst City in the world in terms of traffic jams. What are we doing wrong and how can we change Mumbai for the better? To find out, Moneylife Foundation had invited Alpa Sheth, a highly qualified and respected structural engineer from VMS Consultants to inform us on the current status of Mumbai’s urban infrastructure.  
     
    Elaborating on her idea of a ‘fear-psychosis’ among government engineers and bureaucrats, Ms Sheth explained how every day there are new reports in newspapers reporting on another 'dangerous' bridge closure.
     
     
    “There is no solution being offered and yet some consultant or auditor is telling us that a bridge cannot be repaired or is in bad shape and needs to be closed or demolished,” she stated. 
     
    Furthermore, when the penalty for an engineer is to lose his/her job and pension, there is a certain amount of fear that is being spread. Ms Sheth is certain that his ‘fear-psychosis’ is leading to poor unqualified decisions being made after the Andheri bridge collapsed in Mumbai.
     
    The session was attended by experts such as Shirish Patel, senior consultant and civil engineer with experience in designing, managing and inspecting structural engineering projects, and current as well as retired employees of Railways and BMC. Sanjay Nirupam, former MP from Indian National Congress was also present for the talk and provided some valuable suggestions on the problems that Mumbaikars face today. The session was also attended by activists and concerned citizens of Mumbai.
     
     
    Through her talk, Ms Sheth proposed possible solutions to the problem and it starts with stopping demolitions of bridges based on flimsy audit reports done by a single person. She reaffirms that there has to be a cadre of 'certified bridge audit engineers' who have been trained with IRC manuals and codes. Furthermore, the training can be done by Indian Association of Bridge and Structural Engineers (IABSE), perhaps in collaboration with the Indian Academy of Highway Engineers. “Instead of playing the blame game, everyone involved should take equal responsibility - consultants including IIT professors, government engineers, contractors and more,” she added. 
     
    According to Mr Nirupam, suggestions of having a national bridge database or a cadre of experts is fine, but it will take a lot of time. “What is Mumbai to do in the meantime? They (BMC) have announced that 24 bridges out of 36 are dangerous and shut them down. Things are out of control. They don't know when they are starting with the repair work, when it will be completed, when it will open to the public...nothing is clear, no one knows anything” he said when asked about solutions to the problem Mumbai is facing. 
     
     
    Mr Patel, the renowned senior civil engineer feels that nothing will change unless there is a change in procurement of engineering services. He says, “Right now, the way government procures engineering services is by inviting persons and offers with the lowest bid. Once you do that, consultants try to compete amongst themselves to put forward the lowest cost and they stop thinking about construction with the best quality in mind. This creates a problem where the parties being involved in inspection, auditing or construction of the bridge are not being rewarded for better quality but for better fees.”
     
    Even the topic of transparency within the administration was questioned when audit reports of bridges are not made public. "There is no transparency. A good word that you (Ms Sheth) used is 'fear psychosis'. People are afraid and with that fear, entire Mumbai is disturbed. Traffic jams all over the places and no alternate arrangements in place or solutions being offered. No one knows what is to be done," added Mr Nirupam. 
     
    Earlier in her presentation, Ms Sheth shared a list of some key bridges that have collapsed in the past while they were still under construction. Presenting the data for such bridge collapses in the past 20 years, she remarked “Not only do we not know how to maintain bridges, we apparently don’t know how to build and design bridges.” She further explained that the some of these bridges that collapsed under construction were supervised by consultants indicating that the problem seems to stem from insufficient oversight.
     
     
    Speaking about the current status of bridges in Mumbai, she stated that instead of worrying about the technical aspects of a particular bridge, i.e, their construction, design or whether it should be demolished, we should start looking at the ‘psycho-technical’ part of the issue.” 
     
    Citing an example of a bridge collapse in the past, she mentioned how a bridge designed by an IIT Roorkee team collapsed and how the perception has always been that “our academic institutions can do no wrong in such matters.” She is of the opinion that this public perception needs to change.
     
    Comparing the situation of collapsing bridges in other countries around the globe, Ms Sheth mentioned that the problem is not limited to just developing countries it is, in fact, a larger problem in developed countries. In the US, there is a regular Infrastructure Report Card that is published by the American Society of Civil Engineers (ACSE) which includes a record and analysis of the status of bridges in the country. 
     
    Accordingly, their Report Card from 2017 states that around 10% of US bridges are structurally deficient and 4 out of 10 bridges are over 40 years old. There is a common misconception that because a bridge is over a certain number of years, it is unsafe and should be demolished. Ms Sheth insists that a proper inspection along with a review of peers is necessary in all cases regardless of the age of a particular bridge.
     
     
     
    Talking about the situation of bridges in Mumbai and generally in India, she explained that there is a limited or poorly utilised maintenance budget, increased traffic on bridges, shortage of trained bridge inspectors and, finally, indifference within the administration. “The reality on the ground is nobody knows the state of India’s bridges”, she added. 
     
    Although bridges are being audited around India, we (as in the administration) do not have a clear idea on what is to be expected. NK Sinha, former director general of roads in the ministry, was quoted saying, it is “possible for one bridge inspector to audit a maximum of 200 meter long stretch of bridge inspection in a week.” 
     
    On the other hand, we have railways minister Piyush Goyal, stating in response to the collapse of the Andheri bridge, “A joint safety audit will be conducted by the Railways, the BMC and IIT-Bombay of the 445 ROBs, foot overbridges (FOBs) and bridges over the pipelines in Mumbai as part of effort to improve safety of commuters…in the next six months.” 
     
    “None of the consultants empanelled (by the BMC) at the moment have any bridge design experience, including the faculty member of IIT Mumbai, who is tasked with auditing 445 bridges in Mumbai,” said Ms Sheth on the process of selecting so-called expert auditors or consultants. 
     
     
    She suspects that BMC-empanelled structural engineers do not have any technical expertise or experience in bridge engineering and, in fact, have not even read the Bridge Inspector’s manual published by the Indian Road Congress (IRC). None of these auditors ever undergo a bridge maintenance or audit course, nor are they familiar with IRC codes/circulars on bridge maintenance. She put forward a thought-provoking question: “How can we entrust the important work of inspecting, maintaining and repairing the bridge to apparently unqualified local labourers and their supervisors?”
     
    But she made it clear that this is not entirely the fault of the reluctant bridge audit and municipal engineers. They may be inexperienced with the inspection work or may have little time to do so. Besides they are not required by law to maintain bridges. It may even be that maintenance log books are not regularly updated and have perhaps been filled with meaningless dummy text. We are not sure even if senior engineers verify the data that is collected about the structures by their subordinates.
     
    In her presentation, Ms Sheth reaffirmed the need for a national database on bridges across the country, detailing the exact number and location of bridges along with the condition of each bridge. She believes that this will help identify the condition and plan maintenance programme for bridges. In fact, in 1996 there was an attempt to build such a database, but it failed as, having a “complicated bridge management software is meaningless without an effective bridge management organisation with properly defined responsibilities and trained personnel who are not transferred on a regular basis”. There has again been a half-hearted attempt in 2016 with Indian Bridge Management Systems (IBMS) which boasts of having inventorised 1,72,516 bridges. 
     
    But Ms Sheth is not readily willing to accept those numbers, since the data collection and sharing has been subcontracted to private consultants with no standard operating procedure. Can we be certain of the competency of the Data Collectors? She believes that the analysis done by IBMS contractors only considers in a ‘0 or 1’, i.e. either they are dangerously bad or they are not; there is no grey area in between. This way the database shows that only 20% of the bridges are in a really bad state, while the remaining 80% we do not have any qualitative data about. Furthermore, no government agency is willing to take ownership of the data and since there is no accountability the data has no intrinsic value. 
     
     
    Moving onto the topic of disaster management, Ms Sheth mentioned that the administration in no manner has taken account of what would happen if an earthquake or fire incident were to occur. Nobody has even considered that due to the number of roads being blocked with Metro construction, there is no clear path of exit during disasters or the economic loss that the city is experiencing. There is no official study at the moment on these aspects of Mumbai’s infrastructure challenges. 
     
    A senior official from the Indian Railways who attended the event said, “My colleagues in the Railways are over-burdened with track maintenance, and platform beautification and hardly get any time for proper practical training on the maintenance of bridges and FOBs.” 
     
    On the other hand, a retired employee from BMC suggested that, “Somebody has to be behind the engineer. That is the big issue. Nobody wants to take responsibility and the engineer takes the brunt of the blame. Even though they are qualified, the higher authorities do not have faith in the engineers”.
     
    Talking about the training of consultants and auditors, Ms Sheth said, “We should not dumb down training. You need to have a historical type of lesson detailing all the different kinds of failures that have occurred in the past. Something like a Doctor, who only develops his/her diagnostic skills by handling several different patients over years? Learning and developing skills by practical means.”
     
    “Nobody is taking ownership or thinking about leadership. There is a clear 'fear psychosis' which spreads an incorrect message of bridges becoming unsafe overnight,” said Ms Sheth. 
     
    After an hour of productive discussion, the activists, employees of Railways and BMC, as well as experts who were present at the event, mutually agreed that a common administrative group needs to be formed to oversee and take charge of all the infrastructure issues that the city is facing. There was also general consensus that the Municipal Commissioner will have to involved in this process and perhaps that is where the concerned citizens should make a beginning.
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    COMMENTS

    Aditya G

    2 months ago

    Seems like a lot of interesting and eye-opening stuff were discussed in this seminar. Now how do you take it to the next step -- translating voice into action? Nobody knows how bad a problem is until the muck hits the fan. This seems to be universal all over.

    What exactly is going to tip the authorities from inaction to action? Another major tragedy is my guess.

    RTI: An important tool for all Journalists
    The Right to Information (RTI) Act has been an important tool for journalists to uncover sensitive, important and hidden information in the effort of writing major stories. In fact, a lot of stories published on Moneylife have been backed up by information retrieved through RTI applications.
     
    Therefore, in the interest of sharing how RTI can be used by journalists, Moneylife Foundation had invited Vishwas Waghmode, prinicipal correspondent for Indian Express, who has extensively used RTI to write important stories in various departments across the Maharashtra government. 
     
     
    One of the stumbling blocks in the path of investigative and analytical journalism has been the difficulty in getting access to official information. Here, the RTI Act has allowed journalists and even concerned citizens to boldly ask questions about the state of affairs, consequentially promoting accountability and transparency within the government. 
     
    In his talk Mr Waghmode presented several examples to demonstrate how he has used RTI to investigate leads, acquire information and write important stories. Writing for the Indian Express, Mr Waghmode has investigated the controversial Chhatrapati Shivaji Memorial project. He stated how the initial cost quoted by the contractor was Rs3,826 crs. which was supposed to be the lowest bid as opposed to the government’s bid which was Rs2,500 crs. The government in order to resolve this issue, set up a committee led by the chief secretary in order to renegotiate the cost which successfully got the cost down to the government’s estimate if Rs2,500crs. Mr. Waghmode in connection with this case stated that the rules do not allow renegotiation but rather they are supposed to issue fresh tenders. 
     
     
    He further added that the opposition was alleging the government had reduced the height of the statute in order to reduce the cost which the government vehemently denied. Reiterating the struggles he faced with the government authorities concerning the Shivaji Memorial project, he described how in order to get the required result, he filed a RTI application to inspect files showing the development details of the memorial with the project division. 
     
    Interestingly, Mr. Waghmode revealed how the government had in reality decreased the height of the statue and the horse by 7.5m. But in order to show that the height of the statue was not reduced, they had instead increased the height of the sword by 7.5m. He further revealed that since the sword is straight, the amount of money required to build the sword was quite less when compared to the reduction in height and that in turn helped them reduce the cost by a substantial amount. This revelation in turn led to an embarrassing situation for the state government as they could not justify why the height of the sword was raised. 
     
     
    Mr Waghmode also stressed the importance of having a good relationship with a PIO. When asked whether he is put at a disadvantage by mentioning his profession on an RTI application, Mr Waghmode replied, “Most PIOs don’t realise the person filing the application is a journalist and I don’t stress the fact when I go for an inspection.” He usually sympathises with the PIO by telling them how RTI has become a headache for them with so many people filing frivolous applications. He tries to persuade them that he is only there to inspect some documents and that he would do so independently, marking out pages that he would like to have copies of. Most PIOs would then readily agree to allow inspection of the documents and some have even become quite good friends of Mr Waghmode. He did agree however, that his profession is both an advantage and a disadvantage, as some PIOs recognising him as a journalist have denied him information while others have readily parted with it. 
     
     
    Though the RTI act has made gathering information easy for the common citizen there are some public authorities who have become adept at denying information, claiming exemptions using various circulars of government departments and court orders. There are also circumstances when the concerned PIO would give out confusing information or information worded in such a way that it cannot be understood. Mr Waghmode’s advice on countering such actions was to keep filing RTI applications and perhaps approach the PIO with proper justification to prove your case.
     
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    COMMENTS

    BR

    4 months ago

    It is a tendency to hide facts & hide behind them. Even in PSU & Govt offices (Model Employers)
    where employees seek infmn, the PIO denies it under many pretexts or replies falsely or, misleads, suppresses truth or suggests falsehood, though the seeker may have infmn, even records.

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