Authors
Yogesh Chalisa
Abstract
From the origin in 2009, the Aadhaar project has been covered in argument because of the different questions are raised about the technological issues, privacy, welfare prohibiting, and security concerns. The project is ladled with serious lacunae and it lacks security of the personal identity information, openness in the working of the UIDAI, proper supervision, redress mechanisms and accountability. Legal framework is sketchy and not adequate. But on the other hand, succeeded in removing the bottlenecks from the government subsidy delivery chain, making of the passport, opening bank accounts, disbursing pensions, provident fund and thereby it saved a lot of money of the government. The World Bank is so impressed with the aadhaar that it recommended other countries to in the world to adopt it Countries like Bangladesh, Tanzania, Russia, Afghanistan, Morocco, Tunisia and Algeria have conveyed concern in the system. Government asserted Supreme Court, by linking Aadhar to PAN card for removing the fake PAN card which are used for terror backing, drug financing, and exchange of black money that is almost all the major problems country is facing today. Now it becomes so ambitious that it is now not considered less than messiah. The aadhaar project has been depicted not only as a new face of development that technology could bring about but also as an identity technology that will open us all up to discrimination, prejudice, the risk of identity theft any subject the entire population of the country under continuous surveillance. There are reports claiming that the aadhar is saving over 1 billion dollar of the government. There are also reports that nearly 135 aadhaar numbers and some personal information has been disclosed. Therefore this project has both positive as well as negative aspect. This paper is intended to examine both these aspects and to reach at the conclusion with a suggestion how these problems can be solved. Key Words: Aadhaar- The Basis of an Indian
Introduction
With the aim of weeding out corruption and personification from government service and welfare supply chain, the aadhaar project was launched in 2009. Under this project, a random and unique number, which can singularly identify people, is generated using some biometric (fingerprint, photograph, scaning of iris etc.) and personal information (name, address, birth date etc.) of the people. National Identification Authority of India Bill, 2010 (hereinafter as the NIAI Bill) was came into existence in the Loksabha to give statutory back-up to the project. Standing Committee on Finance of the 15th Loksabha, however, rejected it and observed that “the scheme is ladled with serious lacunae and representation of legislature of a data security and confidentiality is an essential for the Aadhaar system.” But the project was continued to be executed without any legislation. A new bill, Aadhaar (Directed Transfer of Financial and Other Grants, Welfares and Facilities) Bill, 2016 (after Aadhaar Act, 2016) finally get passed. But this bill got criticized for not accepting five recommendation of Rajya Sabha, for absence of any opt-out option, for no effective and comprehensive provisions pertaining to cybersecurity of Aadhaar, for no safeguards for the privacy of the personal identity information, for no limitation over-collection of information for the registration under the scheme, for disclosure of the personal information by the requesting agency under section 8, for disclosure of the aadhaar information, for undefined national security under section 33, for no prescription of data-breach notification, for striping legitimate citizens of their right to report criminal activities and breaches concerning
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| APA Style | Chalisa, Y. (2019). Aadhaar- The Basis of an Indian. Academic Journal of Law and Judiciary, 1(1), 25-42. |
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