Wednesday, December 8, 2010
926 - UIDAI Is Illegally Making Aadhar Or UID Project Mandatory - Techno Legal News and Views
Posted on 7th December 2010
By Ram K Kaushik
Unique identification project (UID project) or Aadhar project has been portrayed by unique identification authority of India (UIDAI) as optional and non mandatory. However, this is not true. The truth is that UIDAI is making Aadhar project mandatory by using arm twisting techniques and through tie up arrangements.
By Ram K Kaushik
Unique identification project (UID project) or Aadhar project has been portrayed by unique identification authority of India (UIDAI) as optional and non mandatory. However, this is not true. The truth is that UIDAI is making Aadhar project mandatory by using arm twisting techniques and through tie up arrangements.
This is another departure of UIDAI from its declared policy. Previously UIDAI declared that it would not support a vendor lock-in policy. However, it openly supported closed source software vendor Microsoft in this regard.
This supports the claims that the main purpose of Aadhar project is not social inclusion but social oppression through violating the privacy rights of Indians on the one hand and illegal and unlawful sharing of hard earned tax money as booty sharing on the other hand.
Neither Aadhar project nor UIDAI are supported by any legal framework. So much so that even after the National Identification Authority of India Bill 2010 (Bill), both Aadhar project and UDIAI would still remain unconstitutional project and illegal authority, says Supreme Court of India Lawyer Praveen Dalal.
This is because the Bill has no safeguards for prevention of privacy rights violations and keeping in mind the e-surveillance nature of the project, this cannot pass the tests laid down by the Indian Constitution.
Further, by making it compulsory for public distribution system, food security requirements, security transactions, financial and banking purposes, etc the intention of the government of India in general and UIDAI in particular is very clear. Instead of making it compulsory directly they are making it compulsory indirectly.
Even this compulsive drive of government of India and UDIAI is unconstitutional and illegal informs Praveen Dalal. According to the Constitution of India if the government or its agencies cannot do anything directly they also cannot do the same indirectly, says Praveen Dalal.
From beginning to its present state, both Aadhar project and UIDAI are illegal and unconstitutional and no justification can be given for the public money already spent and that would be spend in future by UIDAI without “Constitutional Recognition”, opines Praveen Dalal.
UIDAI is able to do all these wrongs and irregularities because we Indians are very docile and are not willing to protest against this illegal arrangement of Indian government. The time is not far when Indian government and UIDAI would destroy all your civil liberties keeping aside the constitution of India.
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Sunday, December 5, 2010
914 - Aadhar And UIDAI Are Tools Of Social Oppression - Techno Legal News and Views
Posted December 2nd 2010 by Catherine Fernandes
Aadhar project of India or UID project of India is often portrayed as a tool of social inclusion. But this is just a façade. The truth is that Aadhar is a tool and instrumentality of social oppression and social exploitation of Indians.
To achieve this exploitative purpose, unique identification authority of India (UIDAI) has been established. Despite the ferocious protests by civil liberty activists, neither Aadhar project nor UIDAI are empowered by a legal framework. Even the National Identification Authority of India Bill 2010 (Bill) has failed to provide adequate safeguards against privacy violations and data breaches.
Interestingly, even if the Bill proposed by UIDAI is made an enforceable law, it still remains unconstitutional. According to Praveen Dalal, Supreme Court Lawyer and leading Techno Legal Expert of India, even if the Bill becomes an enforceable piece of Legislation, it still is vulnerable to the attacks of “Unconstitutionality”. In the absence of “Proper Laws and Adequate Safeguards”, both Aadhar Project and UIDAI would remain “Unconstitutional”, warns Praveen Dalal.
The privacy rights issues are currently pending before the Supreme Court of India. It would be a good idea to strengthen Privacy and Data Protection Laws of India by “Judicial Activism” in the absence of “Parliamentary Will”, suggest Praveen Dalal.
Behind the façade of social inclusion and welfare scheme, the naked face of Aadhar and UIDAI is very apparent. Aadhar project is an instrumentality of e-surveillance in India. Its only purpose is to serve the unlawful interests of intelligence agencies of India and law enforcement demands in India.
Let us not be fooled by the façade of social inclusion and welfare scheme and ask the government of India to enact suitable and adequate privacy and data protection laws before Aadhar is fully operational in India.
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Electronic governance (e-governance) is the best form of good governance. E-governance brings transparency, accountability and fairness in the governmental dealings with the citizens. Since e-governance is an administrative aspect, which may or may not be used by government and its officers, a legal framework is usually established so that electronic delivery of services can ensured.
E-governance in India has failed miserably barring very few and exceptional cases. This is because e-governance in India is ailing from various vices and shortcomings. To be successful, e-governance in India needs accountability and department of information technology (DIT) India must be answerable to the prime minister’s office (PMO), India.
National e-governance plan (NEGP) of India has already failed to a greater extent. Even ICT Trends in India 2009 by Perry4Law Techno Legal Base (PTLB) have marked the year 2009 “Blunder ICT Year” of India. The year 2009 saw some major information and communication technology (ICT) pitfalls and bad decisions were made by the Indian government. The year 2010 has been even worst where 2G scam and other administrative and legal lapses have been committed by DIT, India. It would not be wrong to conclude that India has become technologically bankrupt.
Many problems of NEGP and e-governance projects of India can be solved by enacting effective privacy and data protection laws in India. In the absence of privacy and data protection laws, projects like Aadhar, national intelligence grid (Natgrid), crime and criminal tracking network and systems (CCTNS), etc can never be legitimate, legal and constitutional. Similarly, authorities like unique identification authority of India (UIDAI) are also illegal and unconstitutional in the absence of such laws.
However, the real problem with Indian e-governance initiative is that legal framework for mandatory electronic delivery of services in India is missing, says Praveen Dalal, Supreme Court lawyers and Managing Partner of India’s exclusive techno legal law firm Perry4Law. There is no effective legal enablement of ICT systems in India and even the Information Technology Act, 2000 is non-mandatory in nature in this regard, informs Praveen Dalal.
Naturally, e-delivery framework in India is in doldrums despite the contrary claims of Indian government. Further, e-infrastructure system of India is in big mess. Although, Right to Information Act, 2005 mandates that all public authorities must maintain their records in electronic form, yet this mandate has by and large been neglected by all public authorities of India, informs Praveen Dalal.
Perhaps, too much autonomy and powers have been given to the DIT, India by PMO. It is high time for the Prime Minister of India Dr, Manmohan Singh to ask time bound and actual results from DIT, India so that e-delivery of services in India can become a reality and not just paper achievement.
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Sunday, December 5, 2010
To achieve this exploitative purpose, unique identification authority of India (UIDAI) has been established. Despite the ferocious protests by civil liberty activists, neither Aadhar project nor UIDAI are empowered by a legal framework. Even the National Identification Authority of India Bill 2010 (Bill) has failed to provide adequate safeguards against privacy violations and data breaches.
Interestingly, even if the Bill proposed by UIDAI is made an enforceable law, it still remains unconstitutional. According to Praveen Dalal, Supreme Court Lawyer and leading Techno Legal Expert of India, even if the Bill becomes an enforceable piece of Legislation, it still is vulnerable to the attacks of “Unconstitutionality”. In the absence of “Proper Laws and Adequate Safeguards”, both Aadhar Project and UIDAI would remain “Unconstitutional”, warns Praveen Dalal.
The privacy rights issues are currently pending before the Supreme Court of India. It would be a good idea to strengthen Privacy and Data Protection Laws of India by “Judicial Activism” in the absence of “Parliamentary Will”, suggest Praveen Dalal.
Behind the façade of social inclusion and welfare scheme, the naked face of Aadhar and UIDAI is very apparent. Aadhar project is an instrumentality of e-surveillance in India. Its only purpose is to serve the unlawful interests of intelligence agencies of India and law enforcement demands in India.
Let us not be fooled by the façade of social inclusion and welfare scheme and ask the government of India to enact suitable and adequate privacy and data protection laws before Aadhar is fully operational in India.
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Sunday, December 5, 2010
913 - Legal Framework For Mandatory Electronic Delivery of Services In India - Techno Legal News and Views
Posted by Ram K kaushik on 2nd December 2010
E-governance in India has failed miserably barring very few and exceptional cases. This is because e-governance in India is ailing from various vices and shortcomings. To be successful, e-governance in India needs accountability and department of information technology (DIT) India must be answerable to the prime minister’s office (PMO), India.
National e-governance plan (NEGP) of India has already failed to a greater extent. Even ICT Trends in India 2009 by Perry4Law Techno Legal Base (PTLB) have marked the year 2009 “Blunder ICT Year” of India. The year 2009 saw some major information and communication technology (ICT) pitfalls and bad decisions were made by the Indian government. The year 2010 has been even worst where 2G scam and other administrative and legal lapses have been committed by DIT, India. It would not be wrong to conclude that India has become technologically bankrupt.
Many problems of NEGP and e-governance projects of India can be solved by enacting effective privacy and data protection laws in India. In the absence of privacy and data protection laws, projects like Aadhar, national intelligence grid (Natgrid), crime and criminal tracking network and systems (CCTNS), etc can never be legitimate, legal and constitutional. Similarly, authorities like unique identification authority of India (UIDAI) are also illegal and unconstitutional in the absence of such laws.
However, the real problem with Indian e-governance initiative is that legal framework for mandatory electronic delivery of services in India is missing, says Praveen Dalal, Supreme Court lawyers and Managing Partner of India’s exclusive techno legal law firm Perry4Law. There is no effective legal enablement of ICT systems in India and even the Information Technology Act, 2000 is non-mandatory in nature in this regard, informs Praveen Dalal.
Naturally, e-delivery framework in India is in doldrums despite the contrary claims of Indian government. Further, e-infrastructure system of India is in big mess. Although, Right to Information Act, 2005 mandates that all public authorities must maintain their records in electronic form, yet this mandate has by and large been neglected by all public authorities of India, informs Praveen Dalal.
Perhaps, too much autonomy and powers have been given to the DIT, India by PMO. It is high time for the Prime Minister of India Dr, Manmohan Singh to ask time bound and actual results from DIT, India so that e-delivery of services in India can become a reality and not just paper achievement.
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Sunday, December 5, 2010
912 - Privacy Rights In India: What? - Techno Legal News and Views
Posted on 2nd December 2010 by Shyam Prasad
Privacy rights in India have always been neglected. Indian government has obvious interests in not enacting a well define privacy law that can curb the excessive surveillance and endemic e-surveillance activities of state and its instrumentalities. Even the civil society kept a mum up to a stage when e-surveillance and phone tapping has become epidemic. Now all of a sudden privacy issues have become a nightmare for Indian government.
To start with, data and privacy laws are missing in India. Even there is no sign that such crucial laws would be enacted for another five years or more. All past assurances of Indian government in this regard are just façade to keep civil liberties activists silent.
Further, there is no lawful interception law in India. Of course, we have a colonial law named Indian telegraph act that is not at all meeting the requirements of present time. Instead of enacting a suitable law that meets the requirements of Indian constitution, the Indian government is keeping the dead law alive for the sole purpose that its activities can remain free from judicial scrutiny and without legal obstacles. This law is also primarily used to engage in legal as well as illegal phone tappings in India.
On top of it are illegal and unconstitutional projects like Aadhar, national intelligence grid (Natgrid), CCTNS, etc and unaccountable authorities like UIDAI that are having an absolute free hand regarding funds, lack of accountability and absence of transparency.
UIDAI is one of the worst e-surveillance instrumentalities of India and prime minister’s office of India (PMO India) must take active steps to scrap Aadhar project and UIDAI till proper legal framework and adequate safeguards are at place.
Similarly, it seems that the Natgrid project would be imposed upon us by the cabinet committee on security (CCS). Although, Natgrid project has not yet been approved by CCS yet the way Home Ministry of India is lobbying there seems to be little hope that CCS would not be forced to grant its approval even after its own objections in this regard.
Similarly, there is little planning and coordination regarding CCTNS in India. In fact, CCTNS may not be accepted by various states of India in the absence of proper planning, guidelines and legal framework.
In all this drama, there is still little hope from the Supreme Court of India (SCI). The decision of SCI on the writ petition of Ratan Tata must also include the constitutionality of Aadhar project/UIDAI, Natgrid, CCTNS, etc. The SCI would be deciding about the conflicting interests of public interest and privacy rights but no such question arises when there is no public interest involved at all.
Indian government is violating privacy rights of Indians without just causes and in the absence of any legal framework. Let us hope the SCI would do justice to this situation and reformulate privacy norms for India as soon as possible and without delaying the matter too much. I hope the entire exercise of SCI is not limited to mere prohibition of release of phone tapping tapes.
To start with, data and privacy laws are missing in India. Even there is no sign that such crucial laws would be enacted for another five years or more. All past assurances of Indian government in this regard are just façade to keep civil liberties activists silent.
Further, there is no lawful interception law in India. Of course, we have a colonial law named Indian telegraph act that is not at all meeting the requirements of present time. Instead of enacting a suitable law that meets the requirements of Indian constitution, the Indian government is keeping the dead law alive for the sole purpose that its activities can remain free from judicial scrutiny and without legal obstacles. This law is also primarily used to engage in legal as well as illegal phone tappings in India.
On top of it are illegal and unconstitutional projects like Aadhar, national intelligence grid (Natgrid), CCTNS, etc and unaccountable authorities like UIDAI that are having an absolute free hand regarding funds, lack of accountability and absence of transparency.
UIDAI is one of the worst e-surveillance instrumentalities of India and prime minister’s office of India (PMO India) must take active steps to scrap Aadhar project and UIDAI till proper legal framework and adequate safeguards are at place.
Similarly, it seems that the Natgrid project would be imposed upon us by the cabinet committee on security (CCS). Although, Natgrid project has not yet been approved by CCS yet the way Home Ministry of India is lobbying there seems to be little hope that CCS would not be forced to grant its approval even after its own objections in this regard.
Similarly, there is little planning and coordination regarding CCTNS in India. In fact, CCTNS may not be accepted by various states of India in the absence of proper planning, guidelines and legal framework.
In all this drama, there is still little hope from the Supreme Court of India (SCI). The decision of SCI on the writ petition of Ratan Tata must also include the constitutionality of Aadhar project/UIDAI, Natgrid, CCTNS, etc. The SCI would be deciding about the conflicting interests of public interest and privacy rights but no such question arises when there is no public interest involved at all.
Indian government is violating privacy rights of Indians without just causes and in the absence of any legal framework. Let us hope the SCI would do justice to this situation and reformulate privacy norms for India as soon as possible and without delaying the matter too much. I hope the entire exercise of SCI is not limited to mere prohibition of release of phone tapping tapes.
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TECHNO LEGAL NEWS & VIEWS
CATHERINE FERNANDES
Aadhaar and UIDAI have failed
Posted on 22nd October
The unique identification project of India, now known as Aadhar project of India, is one of the worst projects in the Indian history. It is managed by Nandan Nilekani as the head of unique identification authority of India (UIDAI). Both Aadhar project and UIDAI are “unconstitutional” and they are surviving only because the government of India has bypassed the parliament and imposed the project upon Indians.
Fortunately, Aadhar project/UID project and UIDAI have been “big failures” as they have failed to gain the confidence of Indian masses. All the Indian government and UIDAI could have done in this regard is imposing the same upon illiterate and poor people. The educated and well informed have stayed away from Aadhar project.
Aadhar project must be seen in the light of other illegal and unconstitutional projects like national intelligence grid (Natgrid), crime and criminal tracking network and systems (CCTNS), etc. By using the biometric data of Aadhar project and other details of national population register (NPR) with Natgrid and CCTNS, a complete e-surveillance and Orwellian state has been established in India.
Indians must use self defence methods to defeat e-surveillance by Indian government and its agencies over Internet, e-mails, telephone conversations, instant messaging, etc.
As far as Aadhar project/UID project and UIDAI are concerned, Indians must not give their biometric details lest they wish to be watched 24×7.
Let us fight against illegal and unconstitutional projects like Aadhar/UID, Natgrid, CCTNS, etc and force the government of India to respect and preserve our civil liberties.
Fortunately, Aadhar project/UID project and UIDAI have been “big failures” as they have failed to gain the confidence of Indian masses. All the Indian government and UIDAI could have done in this regard is imposing the same upon illiterate and poor people. The educated and well informed have stayed away from Aadhar project.
Aadhar project must be seen in the light of other illegal and unconstitutional projects like national intelligence grid (Natgrid), crime and criminal tracking network and systems (CCTNS), etc. By using the biometric data of Aadhar project and other details of national population register (NPR) with Natgrid and CCTNS, a complete e-surveillance and Orwellian state has been established in India.
Indians must use self defence methods to defeat e-surveillance by Indian government and its agencies over Internet, e-mails, telephone conversations, instant messaging, etc.
As far as Aadhar project/UID project and UIDAI are concerned, Indians must not give their biometric details lest they wish to be watched 24×7.
Let us fight against illegal and unconstitutional projects like Aadhar/UID, Natgrid, CCTNS, etc and force the government of India to respect and preserve our civil liberties.
