Press Note

Opposition ruled states should abandon biometric aadhaar, NPR to avoid
civil war

Shouldn't all BJP ruled states issue orders abandoning biometric
aadhaar or plead guilty for complicity?

Non-BJP, non-Congress ruled states are yet to articulate their
position on biometric identification of Indians

April 30, 2014: Now that BJP's prime ministerial candidate, Narendra
Modi and BJP have realized the problems associated with aadhaar,
shouldn't all BJP ruled states like which have signed MoU for
implementing biometric aadhaar Goa, Madhya Pradesh, Chhatisgarh,
Rajasthan and Gujarat should issue orders abandoning biometric
aadhaar. Besides these five states, the government of its alliance
partners in Punjab and Puducherry should also consider doing so. There
is logical compulsion for Modi and BJP and its allies to announce that
they will destroy some 57 crore aadhaar numbers that have been
generated by Unique Identification Authority of India (UIDAI), the way
it was done by current coalition government in UK. Meanwhile, Supreme
Court is hearing the contempt application against the implementation
of aadhaar despite its order.

In these seven states BJP and its allies should act against aadhaar
and NPR to show other parties that BJP and its alliance partners
practice what they preach. BJP does not have alliance with ruling
parties in nine states have Bihar, Jammu and Kashmir, Nagaland,
Odisha, Sikkim, Tamil Nadu, Tripura, Uttar Pradesh and West Bengal.
The stance of these nine States vis-à-vis biometric aadhaar and NPR is
far from clear. These non-BJP, non-Congress ruled states including
those from the left are yet to articulate their position on biometric
identification of Indians. In rest of States, it is the Congress which
is the ruling party and the Chief Ministers are too servile in the
current system of 'internal democracy' within the party to take an
independent position although unlike Modi most have saved themselves
from biometric identification.

Meanwhile, February 4, 2014, PIB release announced that Cabinet
Committee on Unique Identification Authority of India (CCUIDAI) has
approved reallocation of States for aadhaar enrolment. "It was decided
that in four States, which are, Uttar Pradesh, Bihar, Chhattisgarh and
Uttarakhand, UIDAI will carry out the enrolment exercise in addition
to enrolment carried out by the Registrar General of India (RGI); and
that UIDAI and RGI will work out modalities to ensure that there is no
duplication in collection of biometrics. It was further decided that
enrolments by UIDAI will commence immediately and that UIDAI will
separately submit financial proposals to the Ministry of Finance in
respect of the additional enrolments." While the silence of ruling
parties of Bihar and Uttar Pradesh is understandable given their
explicit or implicit alliance with Congress, the silence of Raman
Singh, the Chief Minister of Chhattisgarh and other BJP-NDA chief
ministers appear to be an act of collusion with Congress party's
aadhaar project.

Ram Sewak Sharma, the man who seems to have misled Narendra Modi,
BJP's Prime Ministerial candidate into implementing biometric data
based unique identification based Aadhaar number in Gujarat has been
appointed as Secretary, Department of Electronics and Information
Technology (DEITY) after the retirement of the current incumbent on
April 30.

Notably, since its inception DEITY has been the line ministry for the
implementation of UID/aadhaar and for National Population Register
(NPR). Sharma is the former Director General of the Unique
Identification Authority of India (UIDAI) between August 2009 and
March 2013 is currently Chief Secretary, Government of Jharkhand. In
contempt of Supreme Court's order against aadhaar he chose to
implement aadhaar project in Jharkhand.

Sharma his role as Director General, UIDAI biometrically profiled Modi
on May 1, 2012, Sharma "took the biometric fingerprints of Mr Modi for
his identity card and registered him under the project" as per the
website of Narendra Modi. (Source:
http://www.narendramodi.in/cm-kicks-off-uid-project-in-gujarat/ ).

The Economic Times revealed that although belated Modi has learnt that
he was taken for a ride with regard to the implementation of aadhaar
in Gujarat.  But how will he respond to the charge of complicity with
Congress in subjecting Indians to surveillance through aadhaar project
from 2009 till Supreme Court's order.

But earlier, on March 25, 2010 Gujarat's General Administration
Department (GAD) issued a Resolution constituting a State Cabinet
Council under the Chairmanship of Modi for overseeing the
implementation of aadhaar in Gujarat. Notably, UIDAI officials held a
meeting with Modi on December 8, 2009 along with Gujarat officials.

On June 9, 2010 Gujarat government entered into a Memorandum of
Understanding (MoU) with UIDAI.  The Gujarat GAD decided to include
additional fields of information under aadhaar such as PAN no., Voter
I-card no., ration card no., BPL card no., Rashtriya Swasthya Bima
Yojana no., disability-related data and LPG or PNG connection details.
In August 2011, Gujarat Government made failure to record additional
information liable for punitive action. In December 2011, the GAD
sought inclusion of household numbers issued to residents of urban
slums in the database. In fact Gujarat Government sought financial
assistance of Rs. 50/aadhaar number created in Gujarat but it was
refused by the central government.

Given the fact that BJP has admitted by implication that it was misled
by officials like Sharma, is it too much to expect that it will
undertake mid course correction beyond issuing statement disapproving
of aadhaar project. Sources have informed that the party faces
difficulty in announcing its scrapping because contracts for
implementation of aadhaar project were given to those companies which
are close to senior party officials.

BJP and other non-Congress opposition parties do not realize that like
Ivory Coast, a civil war can happen in India too because of biometric
and electronic identification. All the international agencies, which
are involved in promotion of unique identification (UID) through
Planning Commission, Ministry of Home Affairs (MHA), Election
Commission of India (EC), residential addresses and land titles in
India were involved there as well. Likes of LK Advani, P Chidambram,
Nandan Nilekani, Sam Pitroda and C Chandramouli have been advocating
national identity cards as if "everyday forms of identity
surveillance" is natural and rational.

How is it that when heads of states are put under round the clock
surveillance by colonial and imperial powers it is deemed an assault
on national sovereignty but when a national government undertakes the
same over their masters, the citizens, it becomes natural and
rational.

A communication titled 'Biometrics Stir the Pot in the UAE' dated 22
November 2003, sent by some unidentified US official from Abu Dhabi,
United Arab Emirates (UAE) to Group Destinations Arab Israeli
Collective, Secretary of State, US and Dubai, UAE and to
undecipherable location named 'RUCNFSC CFSC SA COLLECTIVE' merits
attention.  This communication was brought to light by Wikileaks. Its
import can be appreciated only if its following text is read:
"The Public Affairs and Consular Section in Abu Dhabi hosted a Press
Briefing on the fingerprinting of NIV applicants at the US Embassy. In
addition, Deputy Chief of Mission (DCM) and Consular Chief briefed the
Director of Consular Affairs at the UAE Ministry of Foreign Affairs
(MFA) on the new Fingerprinting Procedures at the Embassy. Newspapers
published accurate, informational stories and the Director of Consular
Affairs expressed his understanding. Although one UAE official has
refused to be fingerprinted saying he was being treated like a
"Criminal," the UAE's majority Third-Country Nationals (TCN) are
taking it all in stride, already subject to fingerprinting and retinal
scans by the UAE and Emirate-level Governments."NIV stands for
Non-Immigrant Visas (NIV).

This reporting of UAE's response to fingerprinting and retinal scans
sounds like the reaction of different ministries of Government of
India and Indian media, most of whom like their UAE's counterparts did
"accurate, informational stories." But unlike the one official in UAE,
who refused to be fingerprinted, in India, one did not learn about any
civil servant who refused to enroll for biometric identification in
the pronounced manner.

The communication further revealed that a foreign team installed
fingerprinting collection devices on 23 October 2003 at the interview
windows in conjunction with the consular section's routine computer
upgrade schedule. After the installation, the consular section began
collecting fingerprints from the required NIV applicants on 2 November
2003.

It is noteworthy that US embassy officials are reporting even the work
of plumbers of fingerprint machines and installation of biometric
devices to Secretary of State and their intelligence allies in Arab
States, Israel and to undecodable locations. Do Indian officials,
senior political leaders and concerned citizens realize its import?

The Wikileaked communication informs that journalists and
photographers from all UAE's English and Arabic dailies were called
for briefing them "about the new biometric collection procedures" so
that public is informed about it. This communication informs:
"journalists focused primarily on the appropriateness of
fingerprinting and questioned whether or not the fingerprinting was
focused on Arab and Muslim audiences. Vice Consul responded that this
was not the case, and, as reassurance, showed journalists the stacks
of old computers the Orkand team has just finished replacing with new
Pentium IV systems. (Comment: we recommend other posts do the same if
possible, as this seemed convincing to the journalists present.)"

It goes on report that following this briefing to media, on 6 November
2003, journalists published stories based on the information provided
to them including "the implementation of fingerprinting solely based
on routine maintenance schedules and mentioning Frankfurt, Brussels,
San Salvador, and Guatemala City as the first Fingerprinting Posts."

This shows how journalists are/ were taken for a ride because they
were made to believe that it was just a routine case of replacing old
equipments with new equipments. It appears that the same tactics has
been replicated in India in the matter of Aadhaar, National Population
Register (NPR) and other places where biometric identification is
being made mandatory.
On 9 November 2003, there was a meeting with the Director of Consular
Affairs at the UAE's MFA, wherein the Director expressed "his
understanding of the need to move towards biometrics to enhance the
security of the United States. He briefly commented on the retinal
scans in place at UAE ports of entry for certain categories of
visitors to the UAE, in particular workers from India, Pakistan and
Bangladesh. He expressed satisfaction that fingerprinting did not
apply to A- 1 and A-2 visa categories."

It is clear yet again that the biometric devices are getting installed
not because of any domestic compulsion of the Asian or African
countries but because countries like US want it installed. This also
demonstrates that those wielding diplomatic and official immunity do
not hesitate to barter away their citizens' rights if their temporary
individual rights and privileges remain intact.

This cable from US embassy in UAE records that "public reaction to the
initiation of fingerprinting of NIV applicants has been mixed. The UAE
population is more disturbed by the prospect of fingerprinting than
the UAE's majority TCN population. Consular staff have not received
complaints from TCN applicants, who have their fingerprints taken for
residence visas and IDs by federal and emirate-level governments.
Certain TCNs are also subject to retinal scans at UAE airports." The
TCN population refers to Third-Country Nationals. A TCN is an employee
who is not a citizen of the home or host countries.

It reads "Reaction by UAE nationals, on the other hand, remains mixed.
The vast majority of UAE national student and tourist visa applicants
have complied quietly and calmy when requested for their fingerprints.
The prospect for turmoil with government officials and prominent UAE
nationals, however, remains to be seen. One UAE senior university
administrator official, the subject of a Class A Visa referral,
refused to come to the embassy and told pas staff that he "would not
be treated like a criminal." This reaction only stresses the
continuing need to inform applicants that biometric capture capability
not only enhances national border security to the benefit of US
citizens and permanent residents, but increases the safety and
security of visitors to the United States as well."The communication
reveals that promoters of biometric devices were expecting some
"turmoil" but as things unfolded they were happy to witness
unquestioned obedience of government officials and prominent UAE
nationals like in India.

A secret cable, which was created on 17 December 2009 and Wikileaked
on the 23 April 2011 revealed that like in UAE, the US' State
Department is deeply curious about UID, India's biometric data based
identification program. It asked its embassy in India to provide
information about the progress or status of the Indian biometric ID
card's development and deployment and wished to know "India's
strategic plan for utilizing biometric ID card technology in the
military, law enforcement, and private sectors."

It sought to know as to which government agencies will be responsible
for overseeing the implementation of the national ID card biometric
collection strategy, how do authorities plan to utilise the biometric
ID card at India's borders, ports, and airports, which foreign
countries and/or corporations are assisting in the development of the
ID card, which biometric systems (i.e. fingerprints, facial
recognition, iris scan, etc.) will be incorporated into the card, what
prompted development of the ID card, which company is providing the
biometric collection devices, storage, and matching database
equipment, which organizations/agencies within India will have access
to information gathered by the biometric ID card collection devices,
what systems, databases, or portals will the named biometric ID card
collection devices in India communicate with, will the ID card be
accepted for passport applications, what types of anti-fraud measures
do Indian authorities plan to incorporate in the issuance process and
what security features are planned for the ID card, will the card be
International Civil Aviation Organization (ICAO) compliant and will it
use any encryption and any efforts to "spoof" or defeat biometric
enrollment, such as fingerprint alteration.

The cable asked these questions but it prefaced it with few
observations. It reads: "Washington analysts read with keen interest
recent press reports about a proposed biometric national ID project in
India ...the project has been billed at recent trade conferences as the
largest biometric enrollment ever proposed and is the biggest
biometric  initiative anticipated in 2010.  Despite promised
improvements, the cards would provide, analysts are concerned the
program could present a vulnerable target for regional extremist
groups -- such as Lashkar e-Tayyiba -- who could obtain fraudulent
Indian ID cards during the large-scale enrollment for use in travel or
as breeder documents to apply for passports."

This cable gives the impression that US agencies have been following
the project from its incubation stage.

It underlined that with regard to answers to the questions posed that
"results of these requirements will be incorporated into a strategic
assessment for senior US policymakers on the regional implications in
South Asia of the biometric ID program."

Another cable dated 4 September 2008 released by Wikileaks reveals
that US Ambassador to India met with Planning Commission Deputy
Chairman Montek Singh Ahluwalia on 2 September 2008 wherein the name
of would be chief of UID/ Aadhaar, Nandan Nileakni figured for a
Sub-group of US-India CEO Forum for educational collaboration which
was to provide a report after the elections. Notably, this cable from
New Delhi was sent to Central Intelligence Agency (CIA), Joint Chiefs
of Staff, National Security Council, Secretary of Defense among
others. Notably, Nileakni was one of the eight members of National
Knowledge Commission (NKC) headed by Sam Pitroda who advocates
identification and tagging of every object in India through his Public
Information Infrastructure initiative.

US Embassy's cable for the week of 29th June to 2 July 2009 notes that
the UID "project is expected to cost about Rs1,500 billion ($31.5
billion), and technological challenges in creating tamper-proof smart
cards capable of handling Indian conditions are expected. According to
press reports, the GoI may exclude private companies from
participating due to the large amount of confidential information
involved in the program. The public sector company Bharat Electronics
Ltd has already issued over 120,000 smart cards under a GoI pilot
project to establish a multipurpose national identity card, and is
likely to be one of the key players." It is noteworthy that eventually
Indian government did not exclude private companies.

With regard to the National Smart Card Identification System, the
wikileaked cables reveal that "Joint Secretary (Telecom) JS Deepak
told Econoffs that the first meeting between Additional Secretary of
Department of Telecom Subodh Kumar, Nandan Nilekani, chairman of the
Unique Identification Authority of India (UIDAI) and founder of
Infosys, and Indian telecom service providers was held on 24th
September to discuss the roll-out of the unique identification (UID)
program. Earlier this year, the GoI set up the UIDAI to implement a
Unique Identification card project, which will own the database of
residents along with their biometric information....Joint Secretary
Deepak noted that despite the inherent challenges posed by the massive
scale of this program, the introduction of UID will transform the way
Indians do business in the areas of Government-to-Citizen interaction.
He said the ID would be useful for a multitude of purposes, including
elections, taxation, national security, and banking. Deepak, a former
USAID employee responsible for global social programs, was
enthusiastic about the UID's potential to greatly reduce 'leakage' in
government subsidies and benefit payments, including the NREGA
program, and for its ability to also transform provision of education
and healthcare." Econoffs refers to US Embassy's Economic Office. This
communication was sent from New Delhi as part of its report for week
of 21st to 24 September 2009. It is noteworthy that Deepak's
credential as former employee of United States Agency for
International Development (USAID) has been mentioned. Earlier, Bolivia
and Russia have expelled USAID from their countries. In Pakistan in
protest against drone strike there Pakistani Punjab government has
refused to accept US aid.  Recently, Associated Press has revealed
that USAID's Chief Rajiv Shah who is reportedly considered a possible
candidate for the post of US Ambassador to India supervised Cuban
twitter like program- 'ZunZuneo'-using front companies based in Cayman
Islands and other places for cooking unrest there. Interestingly, the
$1.6 million spent on it was channeled in the name of an unspecified
project in Pakistan since 2009.

The role of Ministry of Telecom in conceptualizing or launching UID
program under A Raja's tenure as its minister merits examination.

While the background behind the operationalization of the biometric ID
project reveals the opaque manner in which it took off, ramifications
of launch of such projects demonstrates its true colours.

In the book, Paper Citizens, its author Kamal Sadiq records, "In Ivory
Coast, a national identity card scheme was central to a national
politics that slid into civil war". This issue became a major factor
in the civil war given the fact that ruling party and opposition party
held diametrically opposite views on documentary citizenship.

The insistence of documentary citizenship based on national identity
card has also given birth to the business of fake identity cards,
identity thefts and imposters.

Dwelling on the situation in African countries like Nigeria, Ivory
Coast and Zambia, in a 2001 paper "Disenfranchising the North through
the National Identity Card scheme" Ibrahim Ado-Kurawa, general editor
of Weekly PYRAMID - The Magazine said, "In most of the organized world
identity cards have never been election requirements" and concluded,
"The ID card is a much more benign form of genocide if it gets to
pass."

The distinguishing identity of citizens and non-citizens is getting
blurred because of the idea of documentary citizenship based on
biometric identification being deeply planted by US and EU based
security agencies and companies. This leads to creation and
naturalization of 24X7 continental and transboundary surveillance on
human movement that opens the possibility wherein national ID card
would be a ticket to the loss of much of personal freedom and
intergenerational and intra generational rights.

Non-Congress government that is all set to take charge of the national
affairs will have to take a pledge that they will not be subjecting
citizens to biometric surveillance through the ongoing merger of
aadhaar, NPR Voter ID card and the Electronic Voting Machines. The
servility of the previous regime towards agencies like US National
Security Agency (NSA) and their infantile reactions in the face of
evidence that the entire union cabinet was under NSA's surveillance
must be remembered as one of the dark chapters of Indian history. In
its abject meekness Prime Minister's Office (PMO) did not hide even an
iota of information from the NSA but it is reluctant to share its
correspondence with Nilekani under the Right to Information (RTI) Act.

For Details: Gopal Krishna, Citizens Forum for Civil Liberties (CFCL),
Mb: 08227816731, 09818089660, E-mail:[email protected]

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