Aadhaar on shaky foundation

SC ruling, a setback for the Centre, may force it to change controversial programme’s guidelines.

Ever since the launch of Aadhaar, the project to give 12 digit unique identification number for every individual has constantly been under question. The latest one is the Supreme Court interim order which has held  that Aadhaar cannot be made compulsory for any public benefits or schemes and that it can only be issued to those who can prove their Indian citizenship.

 The ruling came at a time when the United Progressive Alliance-II was  stepping up its efforts to roll out subsidy schemes based on Aadhaar across the country. By making Aadhaar the basis for all its welfare schemes in the long run, the Congress-led government had hoped to reach out to the poor through direct benefit transfer (DBT) schemes just ahead of elections.

The court’s observations not only put the ‘game-changing’ uses of Aadhaar number in limbo but also questions the government’s intent of spending crores of rupees to distribute numbers, when the programme lacks legislative strength.

The court passed its order after taking serious note of the points mentioned in the petition that the government chose to set up the Unique Identification Authority of India (UIDAI) to roll out Aadhaar numbers through an executive order with no discussion in Parliament and that it impinged on the right to privacy of individuals.

There is no assurance of protection of confidentiality of the biometric data collected by private agencies. Moreover, non-citizens would get benefits such as subsidy transfers while illegal immigrants will get legitimised.

There is no way the government can verify the nationality of an individual apart from relying on the documents he or she submits.

 The court order virtually exposed the UPA government’s lack of clarity  towards its ambitious scheme. It is almost five years since UIDAI was notified in January 2009 by the UPA-I Government, and till now, the Centre has been unable to articulate a clear vision of what it wants to do in the form of sound legislation.

An attempt was made in December, 2010 to provide legislative frame work for the UIDAI. It failed as a Parliamentary Standing Committee rejected it and asked the government to draft fresh legislation to make it robust. The government, instead of redrafting the legislation, focused on continuing the programme through the existing executive order.

It seems the mandarins of the ruling dispensation are totally confused over the UIDAI programme. In July, minister of state for planning Rajeev Shukla, had informed Parliament that "Aadhaar card is not mandatory to avail subsidised facilities being offered by the government like LPG cylinders, admission in private aided schools, opening a savings account etc."

 However, in the same breath, several departments of the Union Government as well as many state governments, mostly Congress-ruled, make it mandatory to get Aadhaar number to avail benefit. For instance, in Delhi, Adhaar number is mandatory at the sub-registrar’s office including for marriage certificates while in some states, having the unique number is a must to obtain ration cards.

While several states attach a number of welfare schemes to Aadhaar- linked bank accounts, the Union Ministry of Petroleum said recently said it will extend the cash transfer on LPG subsidy to 235 districts by January 1, 2014, from the current 55. A total of 34 schemes under different ministries fall under DBT scheme.

The turf war between different ministries on UIDAI and National Population Registry (NPR) has also hit the ambitious programme hard. While a slew of ministries led by the home ministry back the NPR, which is issuing citizenship card, some others support Adhaaar, led by Planning Commission.

The country has been divided into two to accommodate both. In 18 states, the UIDAI has been asked to dish out Aadhaar while the remaining states will be covered under the NPR. However, those enrolling for the UIDAI have to enroll themselves for the NPR too, while those covered under the NPR do need Aadhaar. The Government till now has no answer why this duplication in enrollment.

Despite the opposition from intelligentsia on grounds of privacy, transferring the benefit through Aadhaar-linked bank account is expected to plug leakages, say its supporters. The government still claims that Aadhaar is a project that will empower hundreds of millions of poor Indians to acquire proof of identity and bring them under the formal financial system.

Gopal Krishna, Citizens Forum for Civil Liberties says the states which have signed the MoU with UIDAI should cancel them following the Supreme Court ruling and stop enrolling public. As there is no legislation backing the programme, the scheme should be scrapped till its purpose is known, he says.

It's not clear what holds for Aadhaar now. The UIDAI officials are not answering any queries on the court order. Though Oil Minister M Veerappa Moily claimed that the government would appeal to the Supreme Court against its order, experts says say unless the government passes a strong legislation to give some teeth to Aadhaar, the prospect of it facing wrath from the court is bright.

If the interim order is repeated in the final order, the organisation’s  future will hang in balance. If the government wants to make Aadhaar mandatory, it will have to either promulgate an Ordinance or get the UIDAI Bill passed in Parliament. If the scheme stays voluntary, Aadhaar will be just remain one more form of ID among a dozen others.

Related Stories

Focus on cash transfer, not target

Suspend Aadhar, its leading to a surveillance state