Tuesday, January 11, 2011

Aadhar Project And UIDAI Are Unconstitutional

Under the maze of media propaganda and false promises lies the naked truth regarding unique identification project of India (UID project of India) or Aadhar project of India. The truth is far more bitter and dangerous than as has been appreciated by few civil liberty activists of India.

The truth is that Aadhar project of India is not a social inclusion project but a social oppression instrumentality in the hands of Indian government. There is no second purpose of Aadhar project but to engage in illegal and unconstitutional e-surveillance in India.

According to Praveen Dalal, a Supreme Court Lawyer and leading techno legal expert of India, India does not have a “Constitutionally Sound” phone tapping and lawful interception law. Even projects like National Intelligence Grid (NATGRID), CCTNS, Aadhar, etc are without any Legal Framework, informs Praveen Dalal. So much so that even after the passing of the National Identification Authority of India Bill 2010 (NIDAI Bill 2010), both Aadhar project and UIDAI are “Unconstitutional”, opines Praveen Dalal.

India must maintain a balance between civil liberties like privacy rights on the on hand and national security and e-surveillance requirements on the other. Giving exclusive primacy of one over other is not desirable.

The privacy matter is pending before the Supreme Court of India and it would be a good idea if the court formulates suitable and effective guidelines subject to which alone the Indian government and its instrumentalities can exercise lawful interception and e-surveillance powers. However, nothing can substitute a well though and much discussed lawful interception law in India by Parliament of India.