http://www.epw.in/journal/2017/10/editorials/force-feeding-aadhaar.html

Force-feeding Aadhaar

*The lines between the welfare state and the surveillance state are fast
blurring.*

Placing conditions on access to food entitlements is not a marker of a
welfare state. The recent notification by the government mandating the
possession of an Aadhaar number for receiving benefits under the Mid-Day
Meal Scheme has created a justifiable furore. Such a step is extraordinary
given that the havoc caused by the introduction of mandatory Aadhaar
authentication in some states for the public distribution system (PDS) has
not yet died down. Reports from Gujarat, Jharkhand, Andhra Pradesh and
other states describe the exclusion of genuine beneficiaries because of
problems with the Aadhaar records and authentication issues, besides
technological and infrastructural failures. This experience ought to have
taught the government that the mere adoption of “technology” is not a
panacea for corruption and inefficiency in the delivery of services, but is
a sure way of excluding those who are socio-economically the most
vulnerable.

Yet, in the last few weeks, several ministries have issued notifications
that will co-opt over 30 schemes on to the Aadhaar bandwagon, including the
Mahatma Gandhi National Rural Employment Guarantee Act, the Employees’
Provident Fund, pension and scholarship schemes, and recently even the
compensation provided to the victims of the 1984 Bhopal gas leak. The aim
is to make Aadhaar mandatory for all 84 schemes covered by the direct
benefit transfer programme.

Though the government claims otherwise, these notifications are in
contravention of the many Supreme Court orders over the years iterating and
reiterating that Aadhaar cannot be made mandatory for people availing
government benefits to which they are entitled. The matter is still sub
judice. The government has just side-stepped the issue by stating again in
a recent press release that “*till* Aadhaar number is assigned to any
individual, the benefit will continue to be given based on alternate means
of identification.” The recent notifications all state that an Aadhaar
number is required to access these entitlements, and in the absence of
which other specified identification documents would be accepted. However,
beneficiaries will also have to provide proof of Aadhaar enrolment. Given
this, and the tight deadlines set for providing this proof, it is clear
that Aadhaar has effectively been made mandatory.

The government has been and continues to push Aadhaar as a miracle cure
that would curb leakages and bring in transparency while excluding fake
beneficiaries and saving “huge sums of public money.” What it does not
project is that the Aadhaar scheme involves the collection and control of
big data, enabling “dataveillance” (the practice of monitoring digital data
relating to personal details or online activities). The Aadhaar idea was
first conceptualised by the Bharatiya Janata Party-led National Democratic
Alliance government after the Kargil war as a security and surveillance
project. The features of the current-day Aadhaar are no different.
Additionally, the state has circumvented constitutional procedures and
safeguards by launching the scheme without putting in place a privacy law
or a law regulating biometric data, by passing the Aadhaar (Targeted
Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016
as a money bill, and by continuing to flagrantly defy the Supreme Court’s
orders disallowing making Aadhaar mandatory.

For the ordinary citizen, the most worrying aspect of Aadhaar is control,
about who can access their biometric data. The Aadhaar enrolment form has a
field that vaguely asks for “consent”: “I have no objection to the UIDAI
[Unique Identification Authority of India] *sharing information* provided
by me to the UIDAI with *agencies* engaged in delivery of *public services*
 including *welfare services*.” These terms have not been defined by the
UIDAI while personnel at enrolment centres advise people to give their
consent for the sake of future convenience. In the propagation of Aadhaar,
the government has failed to highlight or explain this consent-taking, as
also the fact that there exists a way to lock one’s biometric data
(unlocked by default) on the resident portal of the UIDAI website through
OTP (one time password) authentication via a registered mobile phone. The
latter feature is not highlighted and is also out of reach for those
without access to the internet or a mobile phone.

These issues are not even touched upon by the Aadhaar Act, which adds to
the imbroglio by way of Clause 57: “Nothing contained in this Act shall
prevent the use of Aadhaar number for establishing the identity of an
individual for any purpose, whether by the State or any body corporate or
person, pursuant to any law, for the time being in force, or any contract
to this effect.” Such a clause clearly allows non-state entities to use
Aadhaar authentication and gain access to data, which has already happened.
The UIDAI recently stopped 24 firms from using its data in an unauthorised
manner following public complaints. Adding to the confusion is the
definition of “biometric information” in the act that is being kept open to
include “other biological attributes” (read DNA) in the future, as well as
the Supreme Court’s puzzling order in February 2017—diametrically opposed
to its orders about not making Aadhaar mandatory—to make the linking of all
SIM (subscriber identity modules in mobile phones) cards with Aadhaar
numbers compulsory. All this raises many troubling questions about control
and access to such big data; not just demographic, but also biometric data.

Through the promotion of Aadhaar, the Indian state is behaving like a
corporate entity that provides services on the condition that it gets
access to our information and can potentially keep us under surveillance.
Clearly, a state that wants transparency from its people is not trying very
hard to be transparent itself.



-- 
Peace Is Doable

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