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Tuesday, November 9, 2010

Fwd: [Say No to UID] Aadhar And UIDAI Remains Unconstitutional And...



---------- Forwarded message ----------
From: Kamayani Bali Mahabal <notification+kr4marbae4mn@facebookmail.com>
Date: Tue, Nov 9, 2010 at 6:46 PM
Subject: [Say No to UID] Aadhar And UIDAI Remains Unconstitutional And...
To: Palash Biswas <palashbiswaskl@gmail.com>


Kamayani Bali Mahabal posted in Say No to UID.
Aadhar And UIDAI Remains Unconstitutional And Illegal  Aadhar project or unique identification project of India (UID project) is one of the most controversial projects of India. Aadhar is managed by Nandan Nilekani led unique identification authority of India (UIDAI).  Both Aadhar project and UIDAI are not regulated by any legal framework and they are well beyond the parliamentary scrutiny. The only thing that remains to be seen is whether the parliament of India would make Aadhar project and UIDAI *constitutional and legal* < http://www.facebook.com/l/e9ed3PPl8BTaBj-aAi7tHqzia4g;cjnews.noads.biz/?p=283> this winter session (November 2010).  According to the
Kamayani Bali Mahabal 6:46pm Nov 9
Aadhar And UIDAI Remains Unconstitutional And Illegal

Aadhar project or unique identification project of India (UID project) is
one of the most controversial projects of India. Aadhar is managed by Nandan
Nilekani led unique identification authority of India (UIDAI).

Both Aadhar project and UIDAI are not regulated by any legal framework and
they are well beyond the parliamentary scrutiny. The only thing that remains
to be seen is whether the parliament of India would make Aadhar project and
UIDAI *constitutional and legal* < http://www.facebook.com/l/e9ed3PPl8BTaBj-aAi7tHqzia4g;cjnews.noads.biz/?p=283> this
winter session (November 2010).

According to the "*constitutional
analysis*< http://www.facebook.com/l/e9ed3ErgzAP8LtX7T3tyGpv_Npg;hrpic.blogspot.com/2010/06/appraisal-of-national-identification.html>"
made by Praveen Dalal, managing partner of Perry4Law, the proposed National
Identification Authority of India Bill 2010 by Nandan Nilekani still is not
enough to take Aadhar project and UIDAI out of the ambit of
unconstitutionality and illegality. Even if the parliament of India approves
this faulty Bill, both Aadhar and UIDAI are still unconstitutional and
illegal as they do not provide for *privacy
rights*< http://www.facebook.com/l/e9ed32OlIwQeXNqqhBawiE3K2fw;cjnews.noads.biz/?p=584>and data protection.

This is the reason why we *must fight*
< http://www.facebook.com/l/e9ed3hQcE_234vb-vlfF8Na4Ocw;cjnews.noads.biz/?p=548>against the Aadhar project as much as
possible. As a matter of fact, Aadhar
has *failed* < http://www.facebook.com/l/e9ed3srH3JywS-Cz_kcyxruCUEQ;cjnews.noads.biz/?p=570> in India. Further, UIDAI is
also deviating from its declared policies and guidelines. For example, UIDAI
has opted for *proprietary software* < http://www.facebook.com/l/e9ed3Ajnhfmj3fm9TnKOVG-ZTUw;cjnews.noads.biz/?p=601> and is
backing away from its open technological standards. UIDAI has in its policy
declared that there would be no vendor lock-in and by this selection it is
violating its own declared policy.

Since no privacy laws and data protection laws have been drafted so far,
there are little chances that parliament of India would legislate on these
crucial fields this winter session. This means that both Aadhar project and
UIDAI would still remain unconstitutional and illegal this year and we must
fight against this position before we submit our crucial and sensitive
biometric details.
http://www.facebook.com/l/e9ed31tNRiklY2HoRdt1fDcM1Tg;cjnews.noads.biz/?p=664

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Palash Biswas
Pl Read:
http://nandigramunited-banga.blogspot.com/

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