Tuesday, May 11, 2010

Indian Government Is Implementing Projects Without Laws

India prefers projects ignoring the human rights of Indians especially privacy rights in India.

India is looking forward for some very crucial and significant projects and history seems to be repeating. For instance, aadhar project of India, Natgrid project of India, etc are once again in limelight. The former intends to provide a unique identification number to every citizen whereas the latter empowers the law enforcement and intelligence agencies of India with informational inputs.

Needless to mention that database collected by a single authority like census authority of India or aadhar project can be used by Indian government for as many projects as it likes. Here comes the importance of a good data protection and privacy law of India. In the absence of procedural safeguards the data and information can be misused. The government of India is ignoring and avoiding this much needed exercise.


What Made Aadhar Project Of India Unconstitutional?

The Aadhar Project of India has once again tested the lack of data protection and privacy rights in India. Data protection and privacy laws must be enacted by India as soon as possible. India does not have any specific and dedicated data protection and privacy laws in India. On the contrary India is strongly committed to e-surveillance and other forms of privacy violation activities.

Human rights have to be actively protected in Indian cyberspace. Presently India is not paying any attention towards protecting civil liberties of Indians in cyberspace.

For instance, take the example of national intelligence grid (NATGRID) that was literally imposed upon Indian citizens. Thanks to the stiff resistance by experts, it has been temporarily stalled.

Similarly, the government of India is also imposing the aadhar project of India upon Indian citizens without any legislative backing and civil liberty safeguards. If aadhar project or UID project is allowed without civil liberty protection, it would be a civil liberty nightmare for Indians. The UIDAI must not proceed further and utilise hard earned public money till a statutory framework is in place.

The ultimate call is for the Parliament of India to take that is shying away from its responsibilities. On the contrary, it is making laws like information technology amendment act 2008 (sole cyber law of India) that empowers the Indian government to snoop and violate privacy of Indians without proper safeguards.

Aadhar is violating the civil liberties of Indians. For detail kindly see:

(a) Aadhar Watch Initiative Of India

Aadhar Project is Unconstitutional

Hit and trial projects in India

(e) Strange things happen in India

Human Rights Protection In India

Natgrid And Privacy Violations

Individuals Who Saved Aadhar Project Of India , etc.

These articles carry all the information that proves that aadhar project is violating the civil liberties of Indians.


Law For UIDAI In Pipeline

At last the unique identification authority of India (UIDAI) managing the UID project of India decided to do the right thing. It has decided to propose a law that would regulate its functioning and incorporate provisions for the safeguard of privacy rights of the citizens whose database it is going to manage.

The step came after objections were raised by civil liberty activists in India. The first and most vibrant protest came from the Aadhar Watch Initiative of India. Opposing the Aadhar project of India in its present form the aadhar watch initiative specified the ground on which UIDAI in general and UID project/Aadhar project in particular are illegal and unconstitutional.

This is a welcome step and would strengthen Aadhar project of India in the long run. However, the task is not easy as India does not have any dedicated and exclusive data protection and privacy law. UIDAI would be performing a difficult task especially since it has a time of almost 20 days alone. Let us hope that UIDAI would be able to achieve what it has promised because in the absence of the same, no action of UIDAI can be held to be legal and constitutional.