Skip to main content

Apex Court aadhaar verdict: A "missed opportunity" to save Indians from anonymous donors' dictatorship

By Gopal Krishna*
Verdict of Supreme Court of 4 Judges of the 5-Judge Constitution Bench on biometric data based 12 digit Unique Identification (UID) number branded as Aadhaar is manifestly unscientific and anti-poor. The verdict was delivered on September 26, 2018. It has taken citizens to pre-Magna Carta days (1215 AD) or even earlier, to the days prior to the declaration of Cyrus, the Persian King (539 BC) that willed freedom for slaves.
The Court failed to rigorously examine the ramifications of biometric information based identification of residents of India in the light of global experiences. UK, China, Australia, US and France have scrapped similar initiatives. US Supreme Court, Philippines’ Supreme Court and European Court of Human Rights have ruled against the indiscriminate biometric profiling of citizens without warrant.
UID/Aadhaar is akin to Sanjay Gandhi's forced family planning programs. Even Sanjay Gandhi faced the adverse consequences of forcing planning on human body. Aadhaar-linked programs make Indian citizens subjects of Big Data companies.
The opening statement of the verdict authored by by Justices AK Sikri and concurred by, Dipak Mishra, and A.M. Khanwilkar reads: “It is better to be unique than the best. Because, being the best makes you the number one, but being unique makes you the only one. Unique makes you the only one’ is the central message of Aadhaar, which is on the altar facing constitutional challenge in these petitions.”
This opening statement in the order is questionable from scientific point of view. A report “Biometric Recognition: Challenges and Opportunities” of the National Research Council, USA published on 24 September 2010 concluded that the current state of biometrics is ‘inherently fallible’. That is also one of the findings of a five-year study. This study was jointly commissioned by the CIA, the US Department of Homeland Security and the Defence Advanced Research Projects Agency.
Another study titled “Experimental Evidence of a Template Aging Effect in Iris Biometrics” supported by the Central Intelligence Agency (CIA), the Biometrics Task Force and the Technical Support Working Group through Army contract has demolished the widely accepted fact that iris biometric systems are not subject to a template aging effect. The study provides evidence of a template aging effect.
A “template aging effect” is defined as an increase in the false reject rate with increased elapsed time between the enrollment image and the verification image. The study infers, “We find that a template aging effect does exist. We also consider controlling for factors such as difference in pupil dilation between compared images and the presence of contact lenses, and how these affect template aging, and we use two different algorithms to test our data.”
A report “Biometrics: The Difference Engine: Dubious security” published by “The Economist” (October 1, 2010) observed, “Biometric identification can even invite violence. A motorist in Germany had a finger chopped off by thieves seeking to steal his exotic car, which used a fingerprint reader instead of a conventional door lock.”
Notwithstanding similar unforeseen consequences Prime Minister’s faith in biometric remains unshaken. It seems that considerations other than truth have given birth to this faith. Is there a biological material in the human body that constitutes biometric data which is immortal, ageless and permanent? 
Besides working conditions, humidity, temperature and lighting conditions also impact the quality of biological material used for generating biometric data. UID/Aadhaar is based on the unscientific and questionable assumption that there are parts of human body likes fingerprint, iris, voice etc” that does not age, wither and decay with the passage of time.
Stalwarts like Justice VR Krishna Iyer, a people’s judge of the Supreme Court, SR Sankaran, a people's bureaucrat and KG Kannibaran, author of “The Wages of Impunity”, had opposed biometric UID/Aadhaar and Unique Identification Authority of India (UIDAI). Their views were endorsed by the Parliamentary Standing Committee on Finance. The dissenting order of Justice Chandrachud echoes their views. The Bhartiya Janata Party-led Government like the previous Congress Party led Government has been bulldozing the Unique Identification (UID) /Aadhaar number database project down the throat of citizens.
Before their death Justice Iyer, Kannabiran and Sankaran issued a Statement of Concern against the biometric UID/aadhaar number in September 2010 along with fourteen other eminent citizens. The Statement of Concern reads:
“The project that proposes to give every resident a `unique identity number’ is a matter of great concern for those working on issues of food security, NREGA, migration, technology, decentralisation, constitutionalism, civil liberties and human rights....This project is intended to collect demographic data about all residents in the country." It further reads: "The involvement of firms such as Ernst & Young and Accenture raise further questions about who will have access to the data, and what that means to the people of India."
The statement also observed the following: "Constitutionality of this project, including in the matter of privacy, the relationship between the state and the people, security and other fundamental rights."
In the light of the tragic cases of civil death and actual deaths caused by UID/Aadhaar project since September 2010, there is a compelling logic for abandoning this project like other civilized countries. This project treats citizens worse than prisoners. It is aimed at enslaving present and future generations of Indians including future PMs, CMs, Judges and soldiers by the beneficial owners of ungovernable technology companies who have turned political parties into puppets through their limitless anonymous donations.
In the face of assault on citizens’ rights and the emergence of a regime that is making legislatures and judiciary subservient to automatic identification, big data mining and artificial intelligence companies, the majority verdict on UID/Aadhaar project and Aadhaar Act has undermined the sovereignty of the country.
Majority verdict of the Supreme Court has missed the opportunity to save Indians from the dictatorship of anonymous donors who have compromised national security and almost all the public institutions.
If it is not reviewed soon India's social policies will be guided by biometric and genetic determinism and eugenic thinking or not. It demonstrates that right to have natural and human rights of citizens can be made conditional by their servant, the government.
---
*Convener, Citizens Forum for Civil Liberties (CFCL), involved in the research and advocacy against surveillance technologies like UID/Adhaar and DNA profiling. CFCL appeared before the Parliamentary Standing Committee on Finance that questioned and trashed the biometric identification of Indians for UID/Aadhaar

Comments

TRENDING

Importance of Bangladesh for India amidst 'growing might' of China in South Asia

By Samara Ashrat*  The basic key factor behind the geopolitical importance of Bangladesh is its geographical location. The country shares land borders with Myanmar and India. Due to its geographical position, Bangladesh is a natural link between South Asia and Southeast Asia.  The country is also a vital geopolitical ally to India, in that it has the potential to facilitate greater integration between Northeast India and Mainland India. Not only that, due to its open access to the Bay of Bengal, Bangladesh has become significant to both China and the US.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Unlike other revolutionaries, Hindutva icon wrote 5 mercy petitions to British masters

By Shamsul Islam*  The Hindutva icon VD Savarkar of the RSS-BJP rulers of India submitted not one, two,or three but five mercy petitions to the British masters! Savarkarites argue: “There are no evidences to prove that Savarkar collaborated with the British for his release from jail. In fact, his appeal for release was a ruse. He was well aware of the political developments outside and wanted to be part of it. So he kept requesting for his release. But the British authorities did not trust him a bit” (YD Phadke, ‘A complex Hero’, "The Indian Expres"s, August 31, 2004)

'BBC film shows only tip of iceberg': Sanjiv Bhatt's daughter speaks at top US press club

By Our Representative   The United States' premier journalists' organisation, the National Press Club (NPC), has come down heavily on Prime Minister Narendra Modi for recent "attacks on journalists in India." Speaking at the screening of an episode of the BBC documentary “India: The Modi Question,” banned in India, in the club premises, NPC President Eileen O’Reilly said, “Since Modi came to power we have watched with frustration and disappointment as his regime has suppressed the rights of its citizens to a free and independent news media."

Chinese pressure? Left stateless, Rohingya crisis result of Myanmar citizenship law

By Dr Shakuntala Bhabani*  A 22-member team of Myanmar immigration officials visited Rohingya refugee camps in Cox's Bazar to verify more than 400 Rohingya refugees as part of a pilot repatriation project. Does it hold out any hope for the forcibly displaced people to return to their ancestral homes in the Rakhine state of Myanmar? Only time will tell.

China ties up with India, Bangladesh to repatriate Rohingyas; Myanmar unwilling

By Harunur Rasid*  We now have a new hope, thanks to news reports that were published in the Bangladeshi dailies recently. Myanmar has suddenly taken initiatives to repatriate Rohingyas. As part of this initiative, diplomats from eight countries posted in Yangon were flown to Rakhine last week. Among them were diplomats from Bangladesh, India and China.

40,000 Odisha adolescent girls ask CM: Why is scheme to fight malnutrition on paper?

By Our Representative  In unique a postcard campaign to combat malnutrition, aimed at providing dietary diversity, considered crucial during adolescence, especially among girls, signed by about 40,000 adolescent girls from over 10,000 villages, have reminded Odisha chief minister Naveen Patnaik that his government's Scheme for Adolescent Girls (SAG), which converged with Pradhan Mantri Poshan Shakti Nirman  ( POSHAN ) 2.0 in 2021, is not being implemented in the State.

Natural farming: Hamirpur leads the way to 'huge improvement' in nutrition, livelihood

By Bharat Dogra*  Santosh is a dedicated farmer who along with his wife Chunni Devi worked very hard in recent months to convert a small patch of unproductive land into a lush green, multi-layer vegetable garden. This has ensured year-round supply of organically grown vegetables to his family as well as fetched several thousand rupees in cash sales.

Over-stressed? As Naveen Patnaik turns frail, Odisha 'moves closer' to leadership crisis

By Sudhansu R Das  Not a single leader in Odisha is visible in the horizon who can replace Chief Minister Naveen Patnaik. He has ruled Odisha for nearly two and half decades. His father, Biju Patnaik, had built Odisha; he was a daring pilot who saved the life of Indonesia’s Prime Minister Sjahrir and President Sukarno when the Dutch army blocked their exit.