UIDAI says it is not responsible for any use of Aadhaar
The Unique Identification Authority of India (UIDAI) does not know who is permitted to use Aadhaar number under the Aadhaar Act or for what purposes. Asked to specify the sections of the Aadhaar Act that define users, use of Aadhaar, the UIDAI says use of Aadhaar, and usage is to be determined by implementing agencies. This, says the UIDAI, can be done under section 7 or 57 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
 
Section 7 says that “The Central government or, as the case may be, the State government may, for the purpose of establishing identity of an individual as a condition for receipt of a subsidy, benefit or service for which the expenditure is incurred from, or the receipt therefrom forms part of, the Consolidated Fund of India, require that such individual undergo authentication, or furnish proof of possession of Aadhaar number or in the case of an individual to whom no Aadhaar number has been assigned, such individual makes an application for enrolment. Provided that if an Aadhaar number is not assigned to an individual, the individual shall be offered alternate and viable means of identification for delivery of the subsidy, benefit or service.”
 
Section 57 opens the “use of Aadhaar number for establishing the identity of an individual for any purpose, whether by the State or anybody corporate or person, pursuant to any law, for the time being in force, or any contract to this effect”.
 
The UIDAI says its role is limited to the issue of Aadhaar numbers and provision of authentication services for establishing identity of beneficiaries. It does not define identification, or take any responsibility for identification, or provide any information about the difference between identification and authentication, as it has already indicated in a previous RTI query.
 
This admission is a blow to the popular perception that Aadhaar identifies anyone.
 
Organisations have been using Aadhaar under the misguided notion that UIDAI is providing identification services when it merely authenticates the biometric or demographic information associated with a number. It puts every government or private organisation relying on the Aadhaar, under section 7 or 57 of the Aadhaar Act, to unprecedented exposure of their business and governance processes.
 
Authentication does not establish identity. It merely confirms that the person possesses the key to a lock, not if the person is the rightful owner of the key.
 
The UIDAI has also admitted that the unique ID is not unique. UIDAI does not certify identity, address, age, resident status or even existence of a person. It has no information about the documents used to issue a UID number. It does not know identification, it authenticates biometrics associated with the number. Its database has never been verified or audited. The continued issue of Aadhaar numbers required by the Aadhaar Act to be given, knowing that such numbers are false in any material point, would amount to a criminal offence under the Indian Penal Code (IPC).
 
Organisations linking, seeding or merging Aadhaar numbers with existing databases make real individuals to become indistinguishable from Aadhaar ghosts or persons who were never identified. The good database is destroyed making its use for governance or financial transactions dangerous from a national security perspective. Aadhaar is the AIDS spread to nations. 
 
 
Interestingly, in its circular No 23011/Gen/2014/Legal-UIDAI dated 15 September 2016, Dr Ajay Bhushan Pandey, chief executive (CEO) of UIDAI had advised governments or Central ministries and other agencies that they are required to issue a notification under section 7 of the Act read with Regulation 12 of the Aadhaar (Enrolment and Update) Regulations of 2016, including the following three points:
 
1. Mention the service, benefit or subsidies funded from the Consolidated Fund of India which will require, as a condition precedent, a beneficiary applicant to undergo Aadhaar authentication or furnish proof of Aadhaar number.
 
2. Mention that in case the applicant does not have Aadhaar, he will be required to make application for Aadhaar enrolment, if entitled under section 3of the Act, and arrangement made by the governments/central ministries and other agencies to provide Aadhaar enrolment facilities to him. In case there are no enrolment facilities nearby, they are required to become UIDAI registrars so that they can set up enrolment facilities themselves. It promises technical assistance and Rs. 40 per Aadhaar generated by the Registrars.
 
3. Mention the alternate identity documents and verification methodologies to confirm the identity of the beneficiary applicant to whom Aadhaar number has not been assigned till such number is assigned.
 
This amounts to making, altering or destroying the whole or any part of valuable databases, records that are signed or sealed, and identity information that is capable of being converted into a valuable security. It also amounts to corruptly using authentication as identification.
 
 
The UIDAI does not highlight the sections of Aadhaar Act that permit its use for filing forms, storage, seeding, and as a financial address in banks and payment systems like Aadhaar Enabled Payment Systems and PayTM in its reply to a RTI question asking them to do so. Section 7 and 57 of the Aadhaar Act do not permit the use of Aadhaar for filing forms, storage, seeding, and as a financial address in banks and payment systems like Aadhaar Enabled Payment Systems and PayTM. There is a widespread use of Aadhaar for filing forms, storage, seeding, and as a financial address in banks and payment systems like Aadhaar Enabled Payment Systems.
 
The Supreme Court of India is hearing more than 22 PILs challenging the use of Aadhaar. The RTI replies make it evident that two successive governments have been completely misled by private interests controlling the Aadhaar ecosystem. The entire Aadhaar is the biggest technology scam since the invention of computers.
 
(Professor and Future Designer Dr @AnupamSaraph is an internationally renowned expert on governance of complex systems.
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COMMENTS

Ramesh I

9 months ago

Front the article it's apparent that Govt of India is promoting India becoming a 'surveillance State' much worse than Snowden who worked with USA's NSA claimed about US Govt snooping on its own citizens. Wish SC would strike it down and let Aadhar be optional, at best, and without any biometrics either.

Sanjivani Pawar

9 months ago

After going through this Article, I am really stunned. As a lay-woman, I don't know what to say & how to react. I am really confused.

MIGHTY BOMBER

9 months ago

What Mr.Anupam Saraph says in this article has been told in a public meeting couple of years ago, yet no government authority did anything. Present Bhartiya Janta Party government flippantly issued order to link almost everything to Aadhaar, without knowing its consequences on ordinary citizen. Supreme Court judges asked naïve, irrelevant questions on Aadhaar from Mr.Shyam Deewan, and now that drama is repeated once again in arguments and counter-arguments with Mr.Kapil Sibal. Government as well as Supreme Court judges, both are equally responsible for continued chaos around Aadhaar linking. Following the austere guidelines in section 7 mentioned above, why can't Supreme Court judges give IMMEDIATE order to stop linking everything to Aadhaar for which government does not spends any money from Consolidated Fund of India ?

SuchindranathAiyerS

9 months ago

Aadhar was fathhered by Nilekani on UIDAI purchased by Khangress and sold to the BJP as a orphan!

J. P. Shah

9 months ago

What then is use of Aadhar? Is it waste of public money???

9 months ago

It is so true.we have created a Frankenstein .God help us.

Enormous number of complaints of corruption and enrolment process violations against Aadhaar enrolment and update centres under CSC e-Gov, says UIDAI while asking its sibling to close Aadhaar services business
In a remarkable move that exposes the deep rot within the Aadhaar enrolment process, Unique Identification Authority of India (UIDAI), the agency assigned to issue Aadhaar numbers has rejected renewal request of another government company Common Services Centres (CSC) e-Governance Services India Ltd for its Aadhaar services. UIDIAI was concerned about the “enormous number of complaints of corruption and violations in enrolment process.” It has decided, under the directions of the Prime Minister’s Office, that Aadhaar enrolment centres would now only function at government premises or bank and post offices. 
 
Ashok Kumar, Assistant Director General of UIDAI, in a letter dated 6 February 2018, said, "In view of the enormous number of complaints of corruption and enrolment process violations against Aadhaar enrolment and update centres under CSC e-Gov it may not be possible to extend or renew the memorandum of understanding (MoU) with CSC."
 
"CSC is therefore requested to process its exit from the UIDAI system as per extant procedure and guidelines and close Aadhaar enrolment and update centres working under it in phase manner without causing inconvenience to the general public," the letter says.
 
 
Interestingly, both UIDAI and CSC e-Governance Services, a special purpose vehicle (SPV) work under the Ministry of Electronics & Information Technology (MeitY). The CSC SPV was set up by the Ministry under the Companies Act to oversee implementation of the CSC scheme. CSC SPV provides a centralised collaborative framework for delivery of services to citizens through CSCs, besides ensuring systemic viability and sustainability of the Scheme.
 
And just last month, UIDAI had joined hands with CSC India to launch door step enrolment facility in New Delhi for elderly, patients and others who could not travel to Aadhaar centres. The mobile van was flagged off by Ravi Shankar Prasad, Minister of Law and IT. 
 
 
According to a 2 February 2018 newsletter from CSC, its 11,280 permanent enrolment centres (PECs) have generated 18.09 crore Aadhaar numbers with total enrolment of 26.83 crore. It has updated demographic and biometric information of 5.16 crore people, the newsletter says.
 
The Common Services Centres or CSC scheme is one of the mission mode projects under the Digital India Programme. CSCs are the access points for delivery of essential public utility services, social welfare schemes, healthcare, financial, education and agriculture services, apart from host of B2C services to citizens in rural and remote areas of the country. It has a pan-India network catering to regional, geographic, linguistic and cultural diversity of the country, thus enabling the Government’s mandate of a socially, financially and digitally inclusive society.
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COMMENTS

seo iaadhar

1 month ago

as it mentioned UIDIAI was concerned about the “enormous number of complaints of corruption and violations in enrolment process.” It has decided, under the directions of the Prime Minister’s Office, that Aadhaar enrolment centres would now only function at government premises or bank and post offices. click here

seo iaadhar

1 month ago

Hi,
As it is mentioned to close the aadhar centres as enormous number of complaints of corruption and enrolment process violations against Aadhaar enrolmentmore violation has been recorded. You can check online for aadhar updates.

samruddhi samruddhi

9 months ago

There is a lot of Problems with Aadhar Centers being given to Tom Dick and Harry without any proper evaluation system in place. Even Political Netas have started enrollment centers as an social initiative , but defeating the purpose of Social and Citizen Service. There is a lot of discrepancy, unlawful charging, Forcing the Citizen to go in for Plastic Aadhar Card which is not required, Printing of the same in special glossy sheet and charging exorbitant amount etc. Plastic Laminated Aadhar Cards have been taken by many of the Citizens and surprisingly being used by them in Banks etc, where they do not raise eyebrows at all . Citizens have paid Rs.100 to Rs.250/- to procure the same. It is not that UIDAI was not aware of the same , because it was being done by their Agents only and also certain social and political Bureaucrats to gain or support their Netagiri. Merry cautioning against going for Plastic Cards will not resolve the issue. It has to totally stand non-accepted by the Service Industry like Banks, Government Institutions, Travelling etc. A lot of Agency have flouted rules happily and made money by providing Plastic Laminated Cards to Citizens and they proudly showcase the same . Literate Citizens have fallen prey to Plastic Laminated Aadhar Cards , forget the illiterate Class . UIDAI has to take a tough stand and ask Banks, Institutions to take back the Plasitc Laminated Cards, Destroy them in front of the Citizens.

Meenal Mamdani

9 months ago

I am heartened to see that a govt body can take serious action against another govt body for failing to live up to its promise. Normally govt bodies shelter each other, so good to see that shoddy and corrupt practices are being called out.
While I have heard nothing but complaints from urban people I interact with, I was recently heartened to hear the views of the head of a NGO that is doing excellent work with the disenfranchised.
The founder of this NGO said to me that Nilekani was a brilliant technocrat but because the implementation was so poor, a very good idea, Aadhar, was lambasted by every one.
We must not throw the baby out with the bathwater.

REPLY

Bharat Varma

In Reply to Meenal Mamdani 9 months ago

Aadhaar, a very good idea?

It is INCOMPATIBLE with Democracy. By reducing a person to a mere biometric (that can be copied easily, cannot be changed or revoked of compromised and is subject to all sorts of uncertainties and manipulations), aadhaar DESTROYS identity.

Hemant

In Reply to Meenal Mamdani 9 months ago

Well said.

Mayank Kumar

9 months ago

Govt. & UIDAI making fool of people and causing enormous corruption, loot and inconvenience to common citizen... SBI branch in Jahangir Puri, New Delhi giving token numbers of after 3 months for getting simple update done and same people updating aadhaar by taking 200 to 300 rs in evening. This is disgusting and this is happening with all allocated banks and post offices.. Do you think a person would wait for 3 months to get the things updated... Just making different ways to loot customers...

R Balakrishnan

9 months ago

The damage has already been done. Finally, Aadhaar is no good as any proof of anything-

REPLY

samruddhi samruddhi

In Reply to R Balakrishnan 9 months ago

Very True. Will Dearly Cost the Nation and Citizens in the Future.

“Personhood under the Indian Constitution flows from being alive, and not from registering oneself in a central database” –Shyam Divan
The Supreme Court on Thursday resumed hearing in the Aadhaar case. Here is the summary of arguments from Senior Advocate Shyam Divan, who is appearing for the petitioners in the Aadhaar case…
 
Existence of a person
Mr Divan told the five-judge Bench headed by Chief Justice Dipak Misra, that if a person exists in flesh and blood, then there should be no question of denying her anything. “This is at the core of Article 21 and the relationship between the individual and the State. In a liberal democratic culture, can the State say that I will choose to recognise you only in this manner, otherwise you cease to exist?
 
“There is no concept of eminent domain as far as the body is concerned. The body cannot be used as a marker for every service. The State has a legitimate interest in identifying a person, and so there could be a set of limited, narrowly tailored circumstances where you are required to give up fingerprints, such as for a passport or a driving license,” he said.
 
Mr Divan, who completed his arguments before lunch summed his contention in four points, personal autonomy, constitutional trust, rule of law and surveillance and privacy. He said, “What is at stake here? First, personal autonomy is at stake. Are we going to cede complete control of the body to the State? In a digital world, personal autonomy extends to protecting biometrics.”
 
“The second point is constitutional trust. We have created the State, and now the State trusts us as unworthy unless we cede our biometerics. The Aadhaar program treats the entire nation as presumptively criminal. The third point is the rule of law. Look at how this project has been rolled out. And the fourth point is surveillance and privacy,” he said.
 
“If this (Aadhaar) program is allowed to roll on unimpeded, think of the domination the State will have over the individual,” the senior counsel warned. 
 
Deaths caused by Aadhaar exclusion
Earlier, Mr Divan read affidavits related with starvation deaths in Jharkhand due to failure of Aadhaar linking. He said, “The issues here pertain to exclusion, death, and dignity. The reports are about extreme situations. The basic point is that in a democracy, there has to be an element of choice. There cannot be just one method of identification imposed.”
 
Justice Dhananjaya Y Chandrachud said one thing the Court needs to look at is the level of internet penetration in the country.
 
Mr Divan replied saying, "The point of sales (PoS) machine has a memory, so if the internet fails, the machine is often taken to another place where there is connectivity. However, all Aadhaar can do is stop a very limited kind of misuse (identity fraud), and there are other ways to weed out leakages."
 
Observing that the affidavit seems to show that even after Aadhaar, the citizen remains dependant on the dealer of public distribution scheme (PDS), Justice Chandrachud said, while such argument may not furnish a constitutional ground, but the argument that Aadhaar itself is causing exclusion may furnish a ground under Article 14.
 
Mr Divan pointed out how persons who cannot authenticate are treated as "ghosts", and as mere statistics, which cannot meet the tests under Articles 14, 19, and 21. “This is especially so because the system is coercive,” he added.
 
The senior counsel then highlighted how there is no way for anyone to opt out of Aadhaar. He said, “This is crucial from an informational self-determination point of view. There must be a right to opt out.”
 
He then read out affidavits filed by people who have asked to be opt-out from Aadhaar as they were not provided genuine information about consent at the time of enrolment. When Mr Divan read out collective affidavit from people, who wanted to opt-out from Aadhaar in Meghalaya, Justice Chandrachud asked about the position of Aadhaar in North-East. Mr Divan said, there are places where the Aadhaar roll out is low and they have been exempted. 
 
Security Audit highlights risks of hacking
Dr Rakesh Mohan Goel, a computer industry expert, and an occasional writer for Moneylife who has audited enrolment centres of Aadhaar had filed an affidavit in the Court. Reading out this affidavit, Mr Divan said, he (Dr Goel) found out that those people at enrolment centres were retaining and storing biometric data and the UIDAI had no way of knowing. 
 
He said, “Dr Goel's affidavit says that the biometrics of Indians are available to private entities, can be and are being stored in logs. The affidavit says that because of the architecture of Aadhaar, UIDAI has very little control over this. Dr Goel has annexed a paper to the affidavit, based on 25 audits, that talks about six ways of hacking. The affidavit says that there is no way of knowing, after an audit, whether the storage is continuing or has stopped.”
 
“When you part with something as precious as biometrics, there has to be a fiduciary relationship between you and the person taking it. How can you trust a system like this?" the senior counsel contended. 
 
Mr Divan, replying to a query from Justice Chandrachud, said while the UIDAI has technical specification about the authentication machines, the purchase is private. 
 
Citing an example of credit card frauds, Justice Chandrachud wanted to know if this could be possible with Aadhaar. Mr Divan said, it is possible to hack into these systems, which are not as secure than the CIDR. 
 
He then read out Dr Goel’s academic article that explains six ways of hacking.
 
The senior counsel then argued on bodily integrity and the right to control one's information about oneself. He said, “Basic point is that this is a reason why people do not want to be on Aadhaar, and why they should not be mandated to get into the system. While some of these leaks can be plugged, but the basic design is faulty.”
 
He cited the recent incident from Surat where the police arrested two owners of fair price shops for using a software that contained ration card numbers, Aadhaar card numbers and biometric thumb impressions of PDS beneficiaries for creating fake records of food grain sale. The software, with bulk data of beneficiaries, was available for Rs15,000. 
 
Mr Divan then took the Court through mechanism of producing artificial fingerprints. “The operator's fingerprints are cloned. When UIDAI found this out, they added iris authentication. However, the hackers then found a way to bypass that as well. First point is that cloning of fingerprints is easy and it is possible, and is being done. What is the integrity of such system, and why should anyone trust this? This is a question of my right to protect my body and my identity. If the system is so insecure, why am I being mandated to authenticate through fingerprints for every transaction?” he contended.  
 
The senior counsel pointed to a reply received under Right to Information (RTI) in 2017 that says that 6.23 crore biometric enrolments have been rejected because of duplicates. This is larger than the population of Gujarat. He says, “More the database expands, given that this is a probabilistic system, the more times you will have a match. This is indicative of exclusion, and that the system is saturated, leading to unjustified rejections.”
  
Mr Divan then read out an affidavit filed by Dr Reetika Khera, who is an economist at IIT Delhi, and works on the NREGA. The affidavit shows biometric authentication failure at a tribal school, where those whose fingerprints were not recognised by Aadhaar, were not marked present. “These (students) are not ghosts in the system. They are flesh and blood girls attending the school, and Aadhaar is not recognising them. Secondly, you are creating records for an entire lifetime, starting from school. Is this not a surveillance society? Thirdly, there is no statutory sanction,” he said.
 
Justice AK Sikri that in fact later, the teachers may be hauled up for inflating numbers.
 
Mr Divan said, personhood under the Indian Constitution flows from being alive, and not from registering oneself in a central database. "This degrades free individuals".
 
Mr Divan and his office has been with the Aadhaar challenge since its origins in 2012, and have appeared in every hearing for the last six years.
 
Based on live tweets of @gautambhatia88, who is representing one of the petitioners and @prasanna_s.
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COMMENTS

seo iaadhar

1 month ago

Hi,
As you said,Basic point is that this is a reason why people do not want to be on Aadhaar, and why they should not be mandated to get into the system. While some of these leaks can be plugged, but the basic design is faulty.Please check for REPLY

Rahul JFL

9 months ago

Since the day aadhaar is introduced, my life has become living hell. I am 36 currently, work in IT company so no hard work, do not have any kind of skin infection/aliments. The machines at almost 30+ enrollment centres I have tried recently like a week back reject my fingerprints as poor quality (Red squared with 20%) quality. The operators there refuse to process my application further using just IRIS scan. The new organisation where I joined recently insists that without aadhaar, my joining is not deemed complete and further my payroll will be on hold till then. I seriously hope that the judges will scrap this faulty, full of loop hole system asap.

REPLY

Aarmin Banaji

In Reply to Rahul JFL 9 months ago

Rahul, do you not think it is high time for conscientious citizens to scrap the cavalier judges? I certainly do!

c babu challa

9 months ago

Advocate Shyam Divan has given all proofs and explanations. ?When is the final judgment going to come out. Meanwhile the last date of aadhar linking March 31st is fast approaching. Already there is lot of coercing to get linked. A speedy conclusion is the need of the hour.

David M. Thangliana

9 months ago

Thank you Moneylife for these updates on the Aadhaar issue. I have been following these updates regularly with hope that the Supreme Court would take the necessary actions to link all and sundry to Aadhaar

Mahesh S Bhatt

9 months ago

Prabhu aap toh Shyamji bhi Ho toh Gita protect ki jayegi and its ethos too surely.There is saying
When Kings Becomes Traders
Subjects becomes Paupers.
That's not what State is to do.
Mahesh Bhatt

Mahesh S Bhatt

9 months ago

Kudos Divanji Jai Ho Bharat Mata ke suputra ki God Bless Mahesh Bhatt

Aarmin Banaji

9 months ago

I too join in the kudos to Shyam Divan, however can someone please enlighten me as to when this farce in the SC will provide a definitive ruling? They have not covered themselves in glory by stretching this issue to this length.

If I was a betting man, I would bet that the ruling (which should come at least a month before 31st March ?) will leave all us naysayers, abjectly disappointed. The manner in which the SC has conducted itself makes that highly probable.
And all this besides what was said in your excellent article of 07 February 2018 - 'Unique ID is not Unique, does not certify anything, says UIDAI' by Dr Anupam Saraph.

c babu challa

9 months ago

Hats off to Advocate Shyam Divan and his team for relentlessly fighting the case of Aadhar and the maladies. Hope the learned Judges will give a valuable judgement and give relief to the people from fraudulent use of Aadhar data.

Pankaj

9 months ago

Fifteen years back when I completed my education in computer engineering, I was deeply fascinated about developing biometric identification system. I also did my academic project on facial recognition. Today, after fifteen years of experience in computer engineering I have a smartphone capable of facial and fingerprint identification. I have disabled these two features forever. I have gone to extent that I have sealed the fingerprint scanner with a foil and duct tape. I have done so, because I am aware of the dangers of using biometric identification. This is one of the reasons I am a staunch opposer of Aadhar program since it's inception.
Hats off the Mr Shyam Divanji for his excellent efforts on fighting case against Aadhar card. I am very much indebted to Mr. Shyam Divanji as I feel he is fighting for my rights and safety. I wish him success.

REPLY

c babu challa

In Reply to Pankaj 9 months ago

Mr.Pankaj your comment gives more strength to the arguments against Aadhar. I am sure and sincerely hope a very sincerelythought out plan will emerge to safe guard the interests of the people.

Ravi Singh

9 months ago

ADHAAR enrolment should be voluntary and restricted to those availing subsidies and state benefits.

REPLY

Param

In Reply to Ravi Singh 9 months ago

i totally agree. in fact that was the fundamental premise of aadhaar - weeding out ghost beneficiaries & people abusing the welfare benefits.
the unfortunate part is that now everyone wants aadhaar - even if i'm not availing any benefits.
it made sense for lpg subsidy. but i have given it up & now i'm still being asked for it. when i say that i'm not availing subsidy, they say it is govt orders and they are helpless.
when i apply for mobile connection, they want aadhaar (despite me having passport). when i ask what govt subsidy am i being given, they say it is govt orders and they are helpless.
now they are asking aadhaar number for my kid who is studying in a private school. when i ask what govt subsidy i'm availing, they say it is govt orders and they are helpless.
in short, everyone seems to be following orders but they can't show me what those orders are!!!

Dayananda Kamath

9 months ago

It is nothing but empowering corrupt with data to target the victims to harass. All the benefits the govt claims are because of callous and corrupt officials fully backed protected and promoted by political bosses of the day. And through Aadhaar they want to have full control to target the targets.
Actually people should ask all those who voted in favour of Aadhaar law should be debarred from holding public office and contesting election for life. Because symbolically they have made the whole of India open jail

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