Aadhaar: “A bad idea and a bad policy”

By Ananya Singh

The unique 12-digit number, commonly known as ‘Aadhaar’ may soon govern every aspect of Indian lives. The Unique Identification Number (UID) has polarised India’s population, where the majority believe it to be an infringement on the individual’s right to privacy.

India today faces an identity crisis. The government claims that the UID is a developmental initiative that will enable easy identification and allow citizens access to social welfare schemes. However, the collection of biometric data, recent leakages that could cause identity theft, and the linking of Aadhaar numbers to bank accounts and important documents have birthed uneasiness among the citizens of India. Is personal privacy being compromised in the name of development and progress?

Demystifying UID

The Unique Identification Authority of India (UIDAI) was set up in 2009 with the aim of issuing Aadhaar numbers to all Indian citizens. Meant to be a beacon of social welfare, Aadhaar becomes a direct link to LPG subsidies, mobile phone connections, pensions and other social benefit schemes. Without an Aadhaar, one is liable to be excluded from many essential services.

Economist Reetika Khera called Aadhaar a “bad idea and a bad policy”. “The project fails two constitutional tests—right to life and right to privacy. It is causing more harm than good”, she said while addressing a discussion on “A very curious State, the UID: welfare, surveillance, privacy and democratic rights”, organised at the 32nd annual Dr Ramanadham Memorial Meeting.

In contempt of court

The Supreme Court, keeping in mind the national and personal security concerns, ordered that the government must not make Aadhaar mandatory. However, the Centre has made the 12-digit number compulsory for various purposes.

The Court specified on September 23, 2013, that no citizen must “suffer for not getting the Aadhaar card”. When the Centre paid no heed to the Court’s orders, the latter further directed that “all authorities… modify their forms/ circulars/ likes so as not to compulsorily require the Aadhaar number.” Despite all that the government might say to repress fears, Aadhaar has now become an indispensable element of life in India. The government’s logic is simple—one must surrender their personal details or suffer exclusion.

The muddy case of biometrics

Aaadhar collects biometric data like fingerprints, iris scans and a photograph to authenticate identity. Biometrics may also include “other biological attributes of an individual” as per the discretion of the UIDAI. Further, the identification information also includes the mobile number, address, date of birth among other details.

Biometric data and identity information are mentioned in the Aadhaar Act. However, UIDAI collects other personal data that extends beyond the scope of what is shared at the time of enrollment. This includes phone records, income, Internet browsing history, financial transactions, consumer habits and even travel details.

With a centralised database containing biometrics of a billion citizens, is India capable of mitigating the risks attached? While basic safeguards exist for the privacy of biometric data (however lax they may be), demographic data is free to be distributed to units that request such information. While Section 8 of the Aadhaar Act allows the use of demographic details only with the consent of the individual, this directive goes largely unheeded. 

The right to privacy was recently deemed a fundamental right by the Supreme Court. The collection of biometric data is a breach of this privacy. Further, scientists opine that biometrics is not a bullet-proof mechanism and can be faulty in identifying individuals.

Aadhaar: Linked to life

The government has recently mandated Aadhaar linkage to bank accounts. Through the Aadhaar number, beneficiaries will be able to receive government subsidies and pension schemes directly in their accounts. 

Authorities are advocating linking Aadhaar numbers to all important documents including PAN cards, Birth certificates and property transactions. When attempting to implement such a mass-scale policy, the government must have some inkling of future security. However, as reported in HT, 1 million Aadhaar numbers were leaked online on the Jharkhand Directorate of Social Security’s website.

The agencies engaged by the government to conduct procedures and hold data do not undergo detailed scrutiny to establish their credentials. Further, the government requires attested copies of Aadhaar to be submitted for most private or governmental applications. If these documents find their way into the wrong hands, Indian citizens could suffer serious damages.

With the requirement of Aadhaar for so many documents, the government can easily collect data regarding one’s call history, banking transactions, pensions and property transactions. The government, therefore, can collate large amounts of information to gain insight into every aspect of the person’s life. This includes their whereabouts, financial details, travel data and phone records. This undoubtedly amounts to a deliberate invasion of one’s right to privacy.

Aadhaar today is mandatory for services that range from rations, subsidies to even education and health. Pregnant women need to produce their Aadhaar to call an ambulance. If one forgets their card, they are in dire straits as without an Aadhaar to validate identity, hospitals are denying medical attention. Aadhaar has been made essential even for cremation. The Act further empowers the government to deactivate any Aadhaar card for “any reason deemed appropriate” without giving an intimation to parties concerned.

“Big Brother” is watching

The hue and cry over security risks reached a crescendo when Mahendra Singh Dhoni’s Aadhaar details found their way online. His wife complained to Union Law and IT Minister Ravi Shankar Prasad. UIDAI’s solution was to blacklist the agency for ten years. Section 29(4) of the Aadhaar Act stipulates that publishing consumers’ Aadhaar numbers is illegal. However, countless incidents have cropped up with little to no repercussions.

Aadhaar details, if accessible by security forces, can lead to surveillance activities that would be a roadblock for India as a democratic nation. The government is forcing citizens to part with personal details in the guise of a developmental scheme.

From financial frauds to terrorist activities, Aadhaar is a one-stop bomb that can potentially explode, proving lethal for the very individual it aimed to protect. With the shift to digital payments imposed by demonetisation, tracking financial transactions and identity theft has been made easier. Further, if the government deems such information to be essential for national security, one’s information will be accessible to security forces and governmental agencies. This could lead to constant state surveillance.

Another fearsome aspect of Aadhaar is the availability of information to private corporations. Aadhaar is essential for basic services like a SIM card. The Aadhaar details, combined with phone records and internet access end up as a database that allows private corporations to know intimate details of one’s personal life. 

Vivek Velankar, an activist from Pune had filed an RTI application to seek information about companies that store Aadhaar data and the countries these companies belong to. However, Velankar’s plea proved futile. The UIDAI refused to provide such information in the name of national security.

Limiting the Aadhaar

Aadhaar is the highest-ranked identification document today. It breaches one’s right to privacy and poses an immense threat to national security. Potential surveillance in every aspect of life is a sordid symptom of complete governmental control.

Once the sensitive biometric data is leaked, there is no going back. Restricting Aadhaar to specific functions rather than allocating its requirement in every sphere would be better for security.

Further, the government needs to strengthen its security mechanisms and technological base before implementing an overarching policy such as the UID. As of now, all Indian citizens are essentially products with 12-digit numbers as barcodes, at the mercy of whoever gains access to their Aadhaar details.


Featured Image Source: Wikimedia Commons