An excerpt from a Petition against Biometric profiling through Aadhar and Human DNA Profiling:
Notably, Human DNA Profiling Bill has been prepared and which when enacted could require the citizen to give one’s DNA to the state. What ambitions does this reveal? This would complete the journey of subjugation which started with fingerprints and is possibly ending in DNA profiling.
The profiling, and the intrusion of privacy, that is a central aspect of these projects are, among other things, contrary to the Supreme Court’s judgment dated 4th July, 2011 [Writ Petition (Civil) NO. 176 of 2009] where it reiterated that the Right to Privacy is a part of the constitutional Right to Life. The central government has shown disdain towards this judgment by launching aadhaar related projects on the basis of biometrics which is untested and untried, and which have surveillance, tracking, profiling, tagging and convergence at its core.UIDAI had set up a Biometrics Standards Committee which revealed that ’the biometrics will be captured for authentication by government departments and commercial organisations at the time of service delivery.’ The commercial organisation mentioned herein is not defined. The working paper of the UIDAI revealed that the ’UID number will only guarantee identity, not rights, benefits or entitlements’. It is also said that it would not even guarantee identity, it would only provide ’aid’ in identification. In fact it makes right to having rights conditional on having biometric aadhaar.
Notably, Biometrics Standards Committee had categorically stated that UID/aadhaar’s is meant only for “civilian application” but the order on aadhaar enabled biometric attendance system has been extended to defence employees as well. The fact remains UID was first adopted by USA’s Department of Defence, later by NATO. It has subsequently been pushed through World Bank’s eTransform Initiative in partnership with France, South Korea, Gemalto, IBM, L1, Microsoft, Intel and Pfizer.Some of them have signed agreements with UIDAI. This constitutes breach of national security.
Across the globe very stringent data privacy law has been framed wherein one’s personal data cannot be used by anyone including the government without your specific consent. But in India there is no data protection law. Aadhaar is akin to a piece of collar which the transnational powers want to tie on the neck of Indian citizens. Government has allowed itself to be misled and it has failed to protect personal sensitive information which has already gone to foreign companies.It must be recalled that Dr. Manmohan Singh as Prime Minister had distributed Unique Identification (UID)/ Aadhaar numbers among the villagers of Tembhali village in Nandurbar District of Maharashtra on 29th September 2010. “The Aadhaar number will ease these difficulties in identification, by providing a nationally valid and verifiable single source of identity proof. The UIDAI will ensure the uniqueness of the Aadhaar numbers through the use of biometric attributes (Finger Prints and Iris) which will be linked to the number”.
It has now come to light as per a RTI reply of April 2015 that out of 83.5 crore aadhaar numbers issued so far, only 2.19 lakh i.e. 0.03 % comprised of them who did not have a pre-existing ID proof.
It shows how Indians were taken for a ride.
It must also be noticed that even the Identification of Prisoners Act, 1920, of colonial vintage, reads: “The object of this bill is to provide legal authority for taking measurements, finger impressions, footprints and photographs of persons convicted of, or arrested in connection with, certain offences.” According to the Identification of Prisoners Act, 1920, at the time of the acquittal of the prisoner, his biometric data is required to be destroyed. Since 1857, fingerprint identification methods have been used by police agencies in India and around the world to identify suspected rebels, political dissidents and criminals. The method is unfolding to indiscriminately profile citizens in general to identify them. The UID/aadhaar project, however, stores the biometric data forever.
It should be noted that in its report to Parliament, the Parliamentary Standing Committee on Finance has taken on board studies done in the UK on the identity scheme that was begun and later withdrawn in May 2010, where the problems were identified to include”(a) huge cost involved and possible cost overruns; (b) too complex; (c)untested, unreliable and unsafe technology; (d) possibility of risk to the safety and security of citizens; and (e) requirement of high standard security measures, which would result in escalating the estimated operational costs.” Countries like China, Australia, UK and France have also rejected it.
This open declaration of war against citizens’ sensitive personal information like biometric data by transnational entities and governments captured by them paves way for the enslavement of present and future generations through aadhaar database that lies on cloud beyond Indian jurisdiction. Such initiatives must be stopped and boycotted else it will spread its tentacles in every sphere of life and mobility in the country.
Notably, central government itself has filed several written affidavits in the Hon’ble Court contending that right to privacy is a fundamental right. It is remarkable that one former Union Law Minister has complained to the Prime Minister informing him about the blunders being committed by the law officer in question.
There is a compelling logic for rejection of those parties which implicitly or explicitly support tracking, profiling, databasing and mortgaging of citizens’ rights and their sovereignty under the dictates of their donors and non-state actors. The biometric idea is aimed at making citizens transparent before the all mighty Governments so that Government, their servant can remain opaque to safeguard the interests of undemocratic and ungovernable social control technology companies.
In a case of breach of trust central government has proposed to make aadhaar mandatory although the very first promise which legally questionable UIDAI made in its aadhaar enrolment form is/was that it is “voluntary”.
This Public Statement is a follow up of the Statement of Concern against UID/aadhaar issued by 17 eminent citizens at a Press Conference at Press Club of India in New Delhi on 28th September 2010. These citizens included Justice VR Krishna Iyer, Retired Judge, Supreme Court of India, Prof Romila Thapar, Historian, K.G.Kannabiran, Senior Civil Liberties Lawyer, Kavita Srivastava, PUCL and Right to Food Campaign, Aruna Roy, MKKS, Rajasthan, Nikhil Dey, MKKS, Rajasthan, S.R.Sankaran, Retired Secretary, Government of India, Upendra Baxi, Jurist and ex-Vice Chancellor of Universities of Surat and Delhi, Uma Chakravarthi, Historian, Shohini Ghosh, Teacher and Film Maker, Amar Kanwar, Film Maker, Bezwada Wilson, Safai Karamchari Andolan, Trilochan Sastry, IIMB, and Association for Democratic Reforms, Prof. Jagdish Chhokar, ex- IIMA, and Association for Democratic Rights, Shabnam Hashmi, ANHAD, Justice A.P.Shah, Retired Chief Justice of High Court of Delhi and Deep Joshi, Independent Consultant.
A Dalit activist who was one of these eminent citizens said, “This project wants to fix our identities through time. Even after that we are dead. The information held about us will be fixed to us by the UID number. Changing an identity will become impossible. We are working for the eradication of the practice of manual scavenging, for rehabilitation of those who have been engaged in manual scavenging, and then leaving behind that tag of manual scavenger. How can we accept a system that does not allow us to shed that identity and move on? How can a number that links up databases be good for us?”
We reiterate our demand that Bills like Human DNA Profiling Bill 2015 and projects like biometric aadhaar “should be halted before it goes any further”.
Signatories
1. Prof. Anil Sadgopal, Scientist, All India Forum for Right to Education (AIFRTE), Bhopal, Email: anilsadgopal@yahoo.com
2. Prof. Kalpana Kannabiran, Director, Council for Social Development, Hyderabad, Email: kalpana.kannabiran@gmail.com
3. Prof (Dr) Mohan Rao, Centre of Social Medicine and Community Health (CSMCH), Jawaharal Nehru University (JNU), New Delhi, Email: mohanrao2008@gmail.com
4. Dr Meher Engineer, Scientist, former President, Indian Academy of Social Science, Kolkata Email: mengineer2003@gmail.com
5. Ram Bahadur Rai, noted senior journalist, Email: rbrai118@gmail.com
6. Dr Babu Rao Kalapala, Scientist, formerly with National Institute of Chemical Technology, Hyderabad, Email: baburaokalapala@gmail.com
7. Kavita Krishnan, Secretary, All India Progressive Women Association (AIPWA), Email: kavitakrish73@gmail.com
8. Prof D M Diwakar, Professor of Economics, A N Sinha Institute of Social Studies, Patna, , Email: dmdiwakar@yahoo.co.in
9. Arun Kumar, former Member, Press Council of India, Indian Journalists Union, General Secretary, Bihar Working Journalists Union & President, The Times of India Newspaper Employees Union, Patna, Email: karunpatna@gmail.com
10. Sankar Ray, veteran journalist, Email: sankar.ray@gmail.com
11. N D Jayaprakash, Disarmament Researcher & veteran activist seeking justice for victims of Bhopal disaster, Email: jaypdsf@gmail.com
12. Qaneez Sukhrani, urban affairs analyst, Pune, Email: qaneez.sukhrani@gmail.com
13. Kshetrimayum Onil, Lead Coordinator, REACHOUT, Manipur Email:onilrights@gmail.com
14. Shabnam Hashmi, social activist, Anhad, Email: shabnamhashmi@gmail.com
15. Irfan Ahmed, General Secretary, All India Tanjin-e-Insaf, Bihar, Email: irfan.tree@gmail.com
16. Guman Singh, Himalaya Niti Abhiyan, Himachal Pradesh, Email:guman107@yahoo.co.in
17. Dr Umakant, Human rights advocate & independent scholar, New Delhi, Email: uk4in@yahoo.co.in
18. PT George, Intercultural Resources, Delhi, Email: ihpindia@gmail.com
19. Wilfred D’ Costa, Indian Social Action Forum, Delhi, Email: willyindia@gmail.com
20. Prakash K Ray, Editor, bargad.org, Email: pkray11@gmail.com
21. Gopal Krishna, Member, Citizens Forum for Civil Liberties (CFCL), Email: 1715krishna@gmail.com

