After communicating its concerns to Parliamentary Committee, NHRC communicates human rights concerns on UID, RFID to Home Ministry
New Delhi:In a significant development, P. Karunakaran, Chairperson, Parliamentary Committee on Subordinate Legislation has accepted the petition with regard biometric data collection related to Planning Commission’s Aadhaar/Unique Identification (UID) Number and Home Ministry’s National Population Register (NPR). The petition was submitted by Citizens Form for Civil Liberties (CFCL), which as earlier given testimony before the Parliamentary Committee that has rejected the UID Bill. The letter from the Parliamentary Committee on Subordinate Legislation is attached.
The letter reads, “I have received a copy of your petition (118 pages) regarding Subordinate Legislation for Biometric Identity Card NRIC and Aadhhar/UID IS illegal & illegitimate and Constitutional, Legal, Historical & Technological Reasons Against UID/Aadhaar Scheme on 18.3.2013.”
In a related development, in an order date December 27, 2012 addressed to Secretary, Union Ministry of Home Affairs, National Human Rights Commission (NHRC) has communicated human rights concerns regarding UID and Radio Frequency Identification (RFID) submitted to it by CFCL. Earlier, NHRC had expressed its deep concerns and apprehensions about UID and “biometric information” in its submission before the Parliamentary Standing Committee on Finance.
In the matter of now rejected National Identification Authority of India (NIAI) Bill, 2010, “NHRC’s views on the NIAI Bill, 2010″ in the Human Rights Newsletter (Vol. 18 No.8, August 2011) reveals that UID/Aadhaar Number has dangerous ramifications is quite relevant in this regard. NHRC’s view was presented to the Parliamentary Standing Committee (PSC) on Finance. The PSC submitted its report to the Parliament on December 13, 2011 rejecting the UID Bill.
Echoing NHRC’s view on “need for protection of information” and “the possibility of tampering with stored biometric information” in paragraph 5 (page no. 7 of the NHRC newsletter) and “disclosure of information in the interest of national security” mentioned in paragraph 9 (page no.8 of the newsletter), the Central Government’s Draft Discussion Paper on Privacy Bill admits, “There is no data protection statute in the country.”
On UID Number, the Draft Paper on Privacy Bill stated, “Data privacy and the need to protect personal information is almost never a concern when data is stored in a decentralized manner. Data that is maintained in silos is largely useless outside that silo and consequently has a low likelihood of causing any damage. However, all this is likely to change with the implementation of the UID Project. One of the inevitable consequences of the UID Project will be that the UID Number will unify multiple databases. As more and more agencies of the government sign on to the UID Project, the UID Number will become the common thread that links all those databases together. Over time, private enterprise could also adopt the UID Number as an identifier for the purposes of the delivery of their services or even for enrolment as a customer.”
The Draft Paper on Privacy Bill discloses, “Once this happens, the separation of data that currently exists between multiple databases will vanish.” This poses a threat to the identity of citizens and the idea of residents of the state as private persons will be forever abandoned.
In view of NHRC’s observation that UID/Aadhaar Number will lead to discrimination due to its distinction between residents and citizens in the name of “delivery of various benefits and services” and “weaker sections of society” is quite stark. Late Roger Needham, a British computer scientist aptly said, “if you think IT is the solution to your problem, then you don’t understand IT, and you don’t understand your problem either.”
Among other documents STATEMENT OF CONCERN ON UNIQUE IDENITY (UID) NUMBER issued by 17 eminent citizens has been submitted before the Parliamentary Committee on Suordinate Legislation .
With regard to UID and related schemes, the statement has asked for a feasibility study, a cost-benefit analysis, assessment of national security concerns, data theft, constitutionality of this project, including in the matter of privacy, the relationship between the state and the people, security and other fundamental rights of citizens.
The petition draws the attention towards the Undemocratic Process in which UIDAI has been set-up besides issues regarding Privacy, Surveillance, Profiling, Tracking and Convergence The statement reds: “This is a project that could change the status of the people in this country, with effects on our security and constitutional rights, and a consideration of all aspects of the project should be undertaken with this in mind.” In view of these concerns it asked for the halting of the project and a public, informed debate be conducted before such a major change is allowed.
The signatories to the statement included Justice VR Krishna Iyer, former judge, Supreme Court of India, Prof Romila Thapar, noted historian, members of National Advisory Council, Aruna Roy and Deep Joshi, Prof. Upendra Baxi, Jurist and ex-Vice Chancellor of Universities of Surat and Delhi, Bezwada Wilson, Safai Karamchari Andolan, Trilochan Sastry, IIMB, and Association for Democratic Reforms, Prof. Jagdish Chhokar, ex- IIMA, and Association for Democratic Rights and Justice A.P.Shah, Retired Chief Justice of High Court of Delhi.
In a setback to central government’s effort to bulldoze UID and related schemes, following the direction issued to the Union of India and Union Territory of Chandigarh by Punjab and Haryana High Court in the matter of Civil Writ Petition 569 of 2013 filed in the High Court against Union of India and others, the Executive Order for making Unique Identification (UID)/Aadhaar mandatory has been withdrawn.
In its order the bench of Justice A K Sikri, Chief Justice and Justice Rakesh Kumar Jain dated February 19, 2013 had not noted that the petition “raises a pure question of law.” Since the Executive Order was withdrawn, the case too was disposed of March 2, 2013 with a two page order. The Order observes, “In this writ petition filed as PIL, the petitioner has challenged the vires of notification issued by Union of India for making it compulsory to have UID Cards.”
It is further observed that “Second issue raised in this petition is that vide order dated 5.12.2012, respondent No.3 i.e. Deputy Commissioner, U.T., Chandigarh has given directions to the Branch In charge Registration-cum-Accountant, office of Registering & Licensing Authority, Chandigarh not to accept any application for registration of vehicle and grant of learner/regular driving licence without UID card.” It is quite bizarre that Union Territory of Chandigarh remains ignorant of the fact that UID is not a card, it is a 12 digit number. The entire government machinery is hiding the fact that fundamentally UID is not a proof of identity, it is an identifier contained in the Central Identities Data Repository (CIDR) of (UID)/Aadhaar Numbers. Union Territory of Chandigarh failed to inform the Court the UID is not a card but an identification number based on biometric data without any legal mandate. One of the prayers in the petition in Chandigarh had sought issuance of a writ in the nature of certiorari to quash Executive order dated 5.12.2012 passed by respondent no.3 passed in violation of Motor Vehicles Act, 1988 and Central Motor Vehicle Rules, 1989 vide which UID has been mandatory for the registration of vehicles and grant of learner/ regular driving licence.
This reveals that attempt to make UID/Aadhaar is an act of bullying by the government agencies like Delhi’s Revenue Department which must be challenged, resisted and boycotted.
The petition before the Parliamentary Standing Committee on Subordinate legislation draws attention towards how all the residents and citizens of India are being made subordinate to prisoner’s status by the ongoing collection of their “biometric information” that includes finger prints, iris scan for permanent storage in a Centralized Identities Data Register (CIDR) and National Population Register (NPR). This is being done ‘as per an approved strategy” by Planning Commission and Union Ministry of Home Affairs without any legal mandate.
For Details: Gopal Krishna, Member, Citizens Form for Civil Liberties (CFCL), Mb: 9818089660 (Delhi),
E-mail: [email protected]