National Counter Terrorism Centre Of India: The Problems and Solutions

This is the research analysis of Perry4Law and Perry4Law Techno Legal Base (PTLB) regarding the legality, constitutionality, requirements, etc of establishment of national counter terrorism centre of India. Perry4Law and PTLB have outlined all the legal constitutional and administrative issues at a single place so that parliament of India, home ministry and Indian government can consider the same. Perry4Law and PTLB hope that this analysis would be useful for all concerned.

National counter terrorism centre (NCTC) of India has been facing many ups and downs. This is despite the fact that national counter terrorism centre (NCTC) of India is required to meet the growing national security requirements of India.

However, there are many constitutional, legal and administrative challenges that NCTC is facing. In the past the NCTC of India was downsized in its nature, scope and functions. Now NCTC of India is facing stiff oppositions from various States that consider establishment of NCTC as an encroachment upon their law and enforcement powers and federalism features of Indian constitution.

However, these objections and oppositions are mostly politically motivated and are not truly striking at the real problem from which NCTC has been suffering. The real issue that must be demanded by political parties is that parliamentary oversight of intelligence agencies of India is needed. Till now there is no parliamentary scrutiny of the intelligence agencies in India.

Indian Government is too reluctant to ensure parliamentary oversight for intelligence agencies and law enforcement agencies of India. If this is not enough, Indian government has been launching new projects having serious “constitutional ramifications” and “civil liberties violation” effects.

For instance, the national counter terrorism centre (NCTC) project of India, national intelligence grid (Natgrid) project of India, Aadhar project of India, crime and criminal tracking network and system (CCTNS), etc are not governed by any legal framework and parliamentary oversight. Indian government is not willing to understand and accept that intelligence work is not an excuse for non accountability.

For some strange reasons intelligence infrastructure of India has become synonymous for non accountability and mess. There is neither any parliamentary oversight nor and transparency and accountability of the working of intelligence agencies of India.

Even a basic level effort to enact a legal framework for intelligence agencies of India is missing in India. The first and foremost challenge to such parliamentary oversight mechanism comes from the intelligence agencies themselves that do not wish to be governed by any rules and norms at all. Then we have “bureaucratic hurdles” in India that do not allow such a legal framework to be proceeded with. Finally, the parliament of India itself is not interested in bringing these intelligence agencies within the fold of parliamentary oversight.

Take the example of the recent private bill titled intelligence services (powers and regulation) bill, 2011. It was shelved out by none other than the Indian Prime Minister Dr. Manmohan Singh who announced that law on intelligence agencies would be formulated soon. However, it proved nothing but a “time gaining tactics” and so far intelligence agencies of India are not governed by any legal framework and parliamentary oversight. Interestingly, even the central bureau of investigation (CBI) is riding the same boat. The draft central bureau of investigation act, 2010 is another example where the Indian government is just interested in making “declaration” with no actual “intention” to implement the same.

In these circumstances, can the States trust the Centre regarding the establishment of National Counter Terrorism Centre (NCTC) of India? The answer is definitely negative even if States keep their “political interests” aside. Of course, there are “practical difficulties” and “internal turf war” among various agencies and ministries of Central government a well. It seems the obvious but unsolvable terrorism dilemma in India would continue as national interest of India and fighting terrorism is not a “national priority”.

Till now the constitutionality of the national investigation agency act 2008 (NIAA 2008) has not been accepted by States and now NCTC has been launched through an “executive order”. The practice of clubbing new projects, agencies and institutions with existing laws is a bad approach. So NCTC without a legal framework is definitely unconstitutional and even tagging it with the Unlawful Activities (Prevention) Act, 1967 would not save it from the patent and apparent unconstitutionality with which it is suffering.

The NCTC project of India is also “very significant” for the national security of India. Terrorist attacks against India are on increase and we need a “specilaised institution” like NCTC to provide and analyse valuable intelligence inputs and leads.

The real problem seems to be “lack of coordination and harmonisation” between the Centre and States. The Constitution of India has made a clear demarcation between the legislative, executive and judicial powers of Centre and State. The NIAA 2008 and NCTC are sitting at the “border line” of the legislative and executive powers of Centre that can be challenged by various States.

The intentions of Home Minister Mr. P.Chidambaram are good but the concerns of States are also of equal force. Further, the turf war between multiple intelligence agencies operating under different government ministries is also causing problem for the successful establishment of NCTC. Even there is a lack of proper planning and management on the part of Union Home Ministry that is causing delayed implementation of projects like Natgrid, NCTC, CCTNS, etc.

If Mr. P. Chidambaram really wants his projects to become successful, he has to think well beyond the present “parameters and objectives” set by Indian government in general his own ministry in particular. A good starting point can be formulation of a “constitutionally sound legal framework” that can confer legitimacy and constitutionality to projects like NATGRID, NCTC, CCTNS, etc. Obviously, States must be taken into confidence before starting any such legislative exercise.

This must be supplemented by sound planning and management. The projects of Home Ministry are neither simple nor easy to execute. They required dedicated efforts from all directions. Experts from diverse fields must be on panel of Home Ministry so that these Projects can be successfully implemented. We are sure Home Minister Mr. P. Chidambaram would have already considered these aspects and we wish all the best to him in this regard.

National Privacy Policy Of India

Right to privacy bill of India 2011 has been suggested for many times in the year 2011. However, till now we do not have any conclusive draft in this regard that can be introduced in that parliament of India. In fact, we are still waiting for a final and conclusive proposed draft right to privacy bill 2011 of India that can be discussed in the parliament.

Privacy rights in India in the information age are too important to be ignored. Surprisingly, Indian government is deliberately keeping privacy protection at distance even if the constitution of India protects privacy rights of Indian citizens/persons.

For instance, India has launched Projects like Aadhar, National Intelligence Grid (NATGRID), Crime and Criminal Tracking Network and Systems (CCTNS), National Counter Terrorism Centre (NCTC), Central Monitoring System (CMS), Centre for Communication Security Research and Monitoring (CCSRM), etc. None of them are governed by any Legal Framework and none of them are under Parliamentary Scrutiny.

Lack of privacy law has already stalled Natgrid whereas other projects like unique identification project of India or Aadhar project of India are simply unconstitutional by their very existence and being violative of privacy rights as conferred under Indian constitution.

Right to privacy bill of India 2011, along with a dedicated data protection law in India is needed. We already have an anti consumer telemarketing policy of India that openly allows violation of consumers privacy and peace.

In short, the unwritten, but widely followed, national privacy policy of India is not only negative in nature but is also violative of various provisions of Indian constitution. Time has come to enact a good techno legal national privacy policy of India.

Now Home Ministry Of India Is Opposing UIDAI

The unique identification project of India (UID project of India) or Aadhar project of India is one of the projects that are openly violating the provisions of Indian constitution. Techno legal experts of India have even declared Aadhar project of India as illegal and unconstitutional.

Even on the non legal side, Aadhar project is not supported by any project analysis and management. Hard earned public money is literally wasted by Indian government without any parliamentary oversight. Surprisingly, the unique identification authority of India (UIDAI), led by Nandan Nilekani, is openly operating to the great detriment of Indian constitution and civil liberties.

Now even the Home Ministry of India has raised concerns that a fresh proposal of the UIDAI to independently collect biometric details could lead to duplication of effort and lead to wastage of public funds.

The Cabinet had earlier mandated the census commissioner to create the national population register (NPR), a biometrics-based identity system. This required the census commissioner to create a data-base of all residents through door-to-door enumeration and pass this database to UIDAI that will take care of duplication and issue number of each unique resident.

In a proposal set to come up before the Cabinet soon, the UIDAI had asked for over Rs.14, 840 crore to fund the authority's effort to independently create its own database of all residents over five years. Asked, home minister P Chidambaram said the UIDAI had been given permission by the Cabinet to collect biometrics of a limited number of cases till the NPR was completed.

"Now I think UIDAI is bringing paper to the Cabinet Committee of UID. The home ministry, the Planning Commission and others have given their comments," Chidambaram said, adding that no decision had been taken so far by the Cabinet Committee. "When the Cabinet Committee takes a decision, I will tell you what the decision is," he said.

Government officials said the census commission has already completed the task of collecting forms from all residents. So far, biometrics of 30 lakh people have been captured, the home minister announced in his monthly report to the people. Officials said the law did not permit them to use the data collected by the UID for its NPR.

Dr. Manmohan Singh Must Analyse Aadhar Project In Detail

Recently Prime Minister (PM) of India Dr. Manmohan Singh has taken a strong stand against the campaign that has labeled him as a soft target and weak PM. While reiterating that he is not a lame duck he clarified that all the bad things that this Government has done, he accepts full responsibility.

Of course, this statement and stand shows him as a man of Integrity, Honesty and Strength. He is also serious about the negative impression that has been created in the recent past. However, is it wise on his part to take responsibilities “subsequent to” the happening of wrong events and decisions?

For instance, take the Aadhar Project of India. According to Dr. Singh we need system reforms. Dr. Singh maintains that if the Project Nandan Nilekani has promised to design, if the UIDAI can give unique ID numbers to all our residents, we would have discovered a new pathway to eliminate the scope for corruption and leakages in the management and distribution of various subsidies to which our people are entitled. But it will take time. It cannot be done instantly.

Here lies the real problem. The Prime Minister’s Office (PMO) in general and Dr. Singh in particular are too optimistic about the Aadhar Project that they cannot see the troubles waiting for us due to this Project. Neither the Aadhar Project nor the UIDAI are supported by any “Legal Framework” and are well beyond the Parliamentary Oversight.

In fact, the recent events have clearly proved that Aadhar Project and UIDAI are portraying themselves as a part of Welfare Scheme but in reality they are Nefarious and Unconstitutional in nature.

Dr. Singh must have at least ensured “Constitutionally Sound Legal Framework” for Aadhar Project and UIDAI and inbuilt “Procedural Safeguards” so that Aadhar Project may not be misused as a Big Brother Project. However, he did not prefer to do so. On the contrary, he is actively supporting the Aadhar Project and UIDAI.

A “Strong” Prime Minister would never let this happen because sooner or later the Truth of Aadhar Project and UIDAI would be out and in such eventuality he may proved to be wrong one again. Even if apologises and takes full responsibility of such failed and Unconstitutional Project, it would not make much difference.

The true strength is to question the “Wrong Thing” in advance and apologising or taking responsibility of the same subsequently does not show the metal. I hope our “Learned, Honest and Strong PM Dr. Manmohan Singh” would consider this aspect as well.

Human Rights Protection In Indian Cyberspace

A few years back talking of human rights in cyberspace was seen with skepticism. Now people around the world are more concerned and aware of their human rights in cyberspace.

Surprisingly, United Nations has still not considered human rights issues of cyberspace though it has recently announced that access to Internet is a human right. United Nations must seriously consider protection of human rights in cyberspace as soon as possible as nations across the world are becoming more and more oppressive and endemic e-surveillance oriented.

While United Nations has declared that access to Internet is Human Rights yet Indian government is well committed to deny not only this human rights but also all other possible human rights in cyberspace.

For instance, projects like national intelligence grid (Natgrid), central monitoring system project of India (CMS), centre for communication security research and monitoring (CCSRM), Aadhar project of India, crime and criminal tracking network and systems (CCTNS), national counter terrorism centre (NCTC), etc have no “procedural safeguards” and they are violating human rights and fundamental rights in their “present form”.

These projects have been launched without any legal framework and parliamentary oversight. Further, even the most “basic laws” like data protection Laws, data security laws, privacy laws, etc are missing in India.

United Nations must urgently step in to formulate an international treaty on protection of human rights in cyberspace. If UN maintains its indifferent attitude, draconian laws like the cyber law of India keep on surfacing.

Indian Government Waking Up To Privacy Laws Requirements

Of late Fundamental Rights and Civil Liberties of Indian Citizens in Cyberspace have been totally neglected by the Executive and Legislative Branches of Indian Constitution. Unfortunately, even Judiciary failed to interfere and we have reached a “Precarious Situation” where the Constitution of India, especially Fundamental Rights, are about to be made “Redundant and Non Existent”.

While United Nations has declared that “Access to Internet” is Human Rights yet Indian Government is well committed to deny not only this Human Rights but also all other possible Human Rights in Cyberspace.

Naturally, there is a need to protect Human Rights in Cyberspace before we fully launch various E-Surveillance and Civil liberties Violating Projects in India. Security and E-Surveillance Projects have been launched by Indian Government without any “Procedural Safeguards” and in active “Violation” of Human Rights in Cyberspace. The only solace is that these Projects are in their infancy stage and they can still be made “Constitutional”.

For instance, Projects like National Intelligence Grid (NATGRID), Central Monitoring System of India (CMS), Centre for Communication Security Research and Monitoring (CCSRM), Aadhar Project of India, Crime and Criminal Tracking Network and Systems (CCTNS), National Counter Terrorism Centre (NCTC), etc have no “Procedural Safeguards” and they are violating Human Rights and Fundamental Rights in their “Present Form”. These Projects have been launched without any Legal Framework and Parliamentary Oversight. Further, even the most “Basic Laws” like Data Protection Laws, Data Security Laws, Privacy Laws, etc are missing in India.

Realising the “Gravity of the Situation”, the Planning Commission of India has now decided to call a high-level meeting of experts, civil society representatives and government officials to address these concerns. The Commission admits that initiatives like UID, NATGRID, DNA profiling, brain mapping and tapping communication, etc are “Genuine Concerns” and they need to be addressed properly. The Commission has also suggested using “Inbuilt Technological Safeguards” for all these Projects.

At Perry4Law and Perry4Law Techno Legal Base (PTLB) we have been constantly suggesting that privacy is a key concern in all these Projects as people's personal information would be stored in a single database and the possibility of corruption and exploitation could not be ruled out.

The minister, incharge of IT in the plan panel, said it is necessary to have in-depth and threadbare discussion with experts, civil society representatives and government officials to ensure that the objective of national security and efficiency in public service delivery mechanism are effectively reconciled with the privacy concern of citizens.

This is a good step in the right direction and Perry4Law and PTLB welcome this step of Indian Government.

National Intelligence Grid (Natgrid) Project Of India

National Intelligence Grid (NATGRID) Project of India is one of the most ambitious Intelligence Gathering Project of India. It has been launched at a time when the Intelligence Infrastructure of India is in a bad shape.

The recent decision of a Government Panel rejecting the proposal to ban Encryption Service Providers like Blackberry, Gmail, Skype, etc has further made the task of Intelligence Agencies of India more tedious. Since the E-Surveillance option has gone now they have to acquire Techno Legal Intelligence Gathering Skills to deal with sophisticated and encrypted communications.

Meanwhile, the Cabinet Committee on Security (CCS) has also given only “Partial In Principle Approval” to NATGRID Project. Since NATGRID Project is not supported by any Legal Framework and Parliamentary Oversight, the “Crucial Stages” of NATGRID Project has not yet been approved by the CCS. Thus, NATGRID Project of India is still in troubled waters as lack of Privacy Laws and Data Protection Laws has put it in doldrums.

Meanwhile similar Security and E-Surveillance Projects have also been launched by Indian Government. These include Projects like Central Monitoring System of India (CMS), Centre for Communication Security Research and Monitoring (CCSRM), Aadhar Project of India, Crime and Criminal Tracking Network and Systems (CCTNS), National Counter Terrorism Centre (NCTC), etc. Once again, all these Projects are without any Legal Framework and Parliamentary Oversight.

To make the matter worst, the Law Enforcement Agencies and Intelligence Agencies of India are also practically not governed by any Legal Framework and Parliamentary Oversight. Whether it is Central Bureau of Investigation (CBI) or Intelligence Agencies of India, none of them are presently “Accountable” to Parliament of India.

It is only now that the Draft Central Bureau Of Investigation Act, 2010 and the Intelligence Services (Powers and Regulation) Bill, 2011 have been proposed. They have still to be made “Applicable Laws” in India by Parliament of India. In other words, there is no Legal Framework and Parliamentary Oversight for our Law Enforcement Agencies and Intelligence Agencies as on the date.

In this background, we have to “Proceed With” Projects like NATGRID, CCTNS, CMS, CCSRM, Aadhar Project of India, etc. As far as NATGRID Project is concerned, it is still not within the limits of “Constitutionality”.

NATGRID Project is an essential requirement for robust and effective Intelligence Agencies and Law Enforcement functions in India. The urgent requirement is to ensure that its “Abuses” can be anticipated, prevented and remedied. Further, Natgrid Project of India must also be supported by a Legal Framework and Parliamentary Oversight.

The aim of NATGRID is to ensure a readily available and real time information sharing platform between Intelligence Agencies, Law Enforcement Agencies, etc of India. Information gathering and its timely distribution is also an essential part of Cyber Crisis Management Plan of India. While the NATGRID system is a must for India, yet India has to make it sure that it is not abused for “Political Purposes” and in a manner that goes against the provisions of the Constitution of India.

The scope for misuse is tremendous as NATGRID is planning to link 21 categories of databases maintained by different public and private agencies for ready access by the country’s Intelligence Agencies. There must be “Mechanism” to ensure that this wonderful system may not be abused and nothing is better than Parliamentary Oversight.

Fake UID Card Make Aadhar Project More Vulnerable

Unique identification project of India Aadhar project of India is a very controversial project. It has been portrayed as one thing and is actually a totally different thing. The truth is that Aadhar project is a project that deserves immediate repeal.

Aadhar project is devoid of any physical and cyber security. Aadhar project is not supported by any legal framework. Aadhar project is also not supported by any data security and data protection laws. Even the privacy laws in India are missing. Aadhar project is also launched without adequate project study, planning and management. The sole purpose of Aadhar project is to strengthen the e-surveillance capabilities of Indian government and its agencies.

Recently, biometric data of about 200 registrants stored on laptop(s) were stolen. Now it has been reported that the Madhya Pradesh Police have seized from a SIMI activist an Aadhaar card with a 12-digit unique identity number bearing someone else’s name.

During a search at Zakir’s rented place in Ratlam, the police recovered an Aadhaar card, a driving licence and fake marksheets. The UID card made in Nanded town of Maharashtra had Zakir’s photograph but bore a different name, Sadique Khan. Apparently, Zakir had married a local woman under a false name and showed her home as his residential address.

This shows how simple it is to get a fake Aadhar number through various sorts of manipulations. However, this would be acceptable to Indian government as it is not interested in the “identity” of the concerned person but in his “biometric details” that can help in the e-surveillance activities.

Irrespective of what name or identity a person holds, his biometric details would always remain the same and Indian government is targeting this aspect.

Data Protection Law In India Is Needed

Every individual loves his or her personal space and in order to enjoy the same he/she must exercise his/her privacy and data protection rights effectively. But what would happen if there are no privacy laws and data protection laws at all to protect such rights? This not only is scary but is also difficult to accept. But in India we have neither dedicated privacy laws nor dedicated data protection laws.

This makes the sensitive information and personal details of Indian citizens “highly vulnerable” to misuse. The Indian government has been promising enactment of privacy laws and data protection laws for long but till now we have none.

This indifference of Indian government towards privacy laws, data security laws and data protection laws is also becoming a headache for government itself. Controversial issues like illegal phone tapping, imposition of Aadhar project, launch of projects like national intelligence grid (Natgrid) and crime and criminal tracking network and systems (CCTNS) without any procedural safeguards, etc requires not only enactment of a dedicated and constitutionally sound privacy law but also putting in place sufficient data protection mechanisms.

India’s intention to use cloud computing and m-governance has further complicated the issue. With the proposed use of cloud computing, software as a service (SaaS) and m-governance by Indian government, more “privacy violations”, “cyber security” and many more “regulatory issues” would arise in future believes techno legal experts of India. These “initiatives” cannot succeed in India in the absence of adequate and strong laws in this regard.

With the proposed draft electronic services delivery bill 2011 (EDS Bill 2011) things would even become more complicated. When most of the public services would be delivered through mandatory e-governance model, a very strong data protection regime and privacy protection regulatory framework would be required.

Now government of India has once more declared that it is going to enact a privacy law for India. However, this seems to be another declaration alone as there is no sign of any Bill in this regard that can be analysed by public at large. In the absence of privacy Bill this statement of India government has no significance.

Further, even if, by some miracle, privacy law is introduced it is doubtful whether it would cater the privacy issues of information age. Only time would tell how much serious is Indian government regarding privacy rights of Indians.

Right To Privacy In India In Pipeline

Privacy law in India is the need of the hour. This is more so where privacy rights in India are frequently violated through various e-surveillance projects of Indian government. India has no dedicated privacy law. The Supreme Court of India interpreted it by expanding the scope of Article 21 of the Constitution.

Meanwhile, Indian government launched projects like Aadhar, National Intelligence Grid (NATGRID), Crime and Criminal Tracking Network and Systems (CCTNS), National Counter Terrorism Centre (NCTC), Central Monitoring System (CMS), Centre for Communication Security Research and Monitoring (CCSRM), etc. None of them are governed by any Legal Framework and none of them are under Parliamentary Scrutiny.

These projects have also raised serious privacy violations issues as well that have still not been redressed by Indian government.

Realising that this may cause problems in future, the Law Ministry of India is working on a proposal to make right to privacy a fundamental right in the Indian Constitution. This is the right approach as without privacy safeguards all the recently launched projects of Indian government are “unconstitutional”.

We are working on making right to privacy a fundamental right. It is likely to be tabled in the monsoon session of Parliament. However, it's difficult to commit the timeframe, law minister Veerappa Moily said.

The right to privacy would include the right to confidentiality of communication, confidentiality of private or family life, protection of his honour and good name, protection from search, detention or exposure of lawful communication between individuals, privacy from surveillance, confidentiality of banking, financial, medical and legal information, protection from identity theft of various kinds, protection of use of a person's photographs, fingerprints, DNA samples and other samples taken at police stations and other places and protection of data relating to individual.

Many of these are already observed at a practical level. For example, it's a part of professional ethics of a lawyer or a doctor not to reveal details about clients or patients. The same applies for the banking sector. Apart from strengthening norms for interception of communication, the proposed Act will guarantee an individual's right to privacy. It's similar in the way the Constitution guarantees existing fundamental rights like right to equality, right to freedom of expression etc," explained a senior law ministry official.

The proposed legislation must be enacted keeping in mind the techno legal aspects. Technology would create serious challenges before Indian government and necessary provisions must be incorporated to deal with the same in future.

The Truth Of Aadhar Project And UIDAI

Aadhar Project of India or Unique Identification Project of India (UID Project of India) is a real “Dangerous Project” that should not be there at the very first place. It is based upon Deceit and Deception and both Indian Government and Unique Identification Authority of India (UIDAI) are Hiding Truth from Indians. There is no Legal Framework, no defined Policies and Guidelines and most importantly no Procedural and Civil Liberty Safeguards.

Aadhar and UIDAI are just giving dreams and nothing more. How many poor people have been benefited from Aadhar Number so far? Practically none and none would be. Aadhar Project has many Deficiencies and Fallacies. Not only Aadhar and UIDAI are Illegal and Unconstitutional but they would also contribute to the E-Surveillance Powers of Indian Government.

From my experience so far, Aadhar is portrayed as a Welfare Scheme but is nothing more than a booty sharing for big companies and an E-Surveillance Instrumentality for Indian Government. I have personally E-mailed these concerns to Nandan Nilekani but UIDAI is not willing to hear anything.

Nandan Nilekani, Chairman of UIDAI, along with Planning Commission secretary Sudha Pillai, appeared before Parliament’s Standing Committee on Finance where many Members expressed their reservations about the Aadhar Project. Questions were asked about the need, non mandatory nature of the project, multiplicity of cards in India, etc.

Nandan Nilekani even failed to answer the simple questions posed by Committee. This is obvious as Nandan or UIDAI cannot answer the questions of Privacy Violation, real purpose of Aadhar, evil intentions of Aadhar etc.

In fact, through lobbying and pressure tactics Aadhar number has been made “Mandatory” for almost all Public Services. If Aadhar and UIDAI are that fair why are they making it mandatory? Let it be Optional and all those who desire to have it may opt for it. By imposing it upon Indians and clubbing it with essential Public Services the evil intentions of Aadhar are even more apparent. What is more surprising is that neither Indian Government nor UIDAI raised any objections to such arm twisting techniques and imposition of Aadhar Number for essential Public Services.

The Aadhar Project and UIDAI have hired public relation, media agencies and brand protection companies that are doing their level best to spread rumours about benefits of Aadhar number. If this is not enough, Google is Censoring critical views about Aadhar Project and UIDAI.

In my personal opinion, India is not yet ready for either Aadhar Project/UID Project or UIDAI. In fact, both Aadhar and UIDAI are “Highly Undesirable” at this stage. Aadhar and UIDAI must be preceded by a Constitutionally Sound Legal Framework and Parliamentary Oversight. Both of these are missing presently making it an “Unconstitutional Project”.

Constitutionally preparation of a Legislation/Bill is the duty of Indian Government and it must be passed by the Parliament of India. In this case, an authority like UIDAI is suggesting the Bill that (UIDAI) itself is devoid of any Constitutional Validity. Though there is nothing wrong if Private Individuals suggest such a Framework but its Adoption and Implementation must be serious. Ideally Indian Government must come up with its own Bill on Aadhar Project as even the Bill by UIDAI is mere “Eyewash” and does not make much difference. Even if it is passed by Parliament of India, the Unconstitutional Nature of the Aadhar Project and UIDA would remain the same.

I found it really surprising the way the Bill prepared by UIDAI was cleared by Cabinet and introduced in the Parliament. Many issues, including Profiling, Privacy Safeguards, Civil Liberties Protection, E-Surveillance, etc have been totally neglected by UIDAI and Cabinet and perhaps would be ignored by the Parliament of India as well.

The present exercise of taking Biometric Details of Indians is simply “Unconstitutional”. A Project and Authority without any Legal Sanction and Parliamentary Oversight cannot indulge in these activities on such a mass scale. I believe the Government of India is violating various Civil Liberties of Indian though Aadhar Project and UIDAI by making it, Directly and Indirectly, Relevant and Mandatory.

Initially, UIDAI said that Aadhar Number would be optional. Now District likes Mysore and many Banks and other Public Services Delivery Institutions have made UID Number Mandatory for various Public Services even though UIDAI claims it to be Optional. Practically UID never was, and never will be, Optional. This would have serious ramifications, both legal and otherwise.

There are great chances that Biometric Details of Indian would be shared with Intelligence Agencies of India and Law Enforcement Agencies of India. Projects like National Intelligence Grid (NATGRID), Crime and Criminal Tracking Network and Systems (CCTNS). Central Monitoring System (CMS), etc would love to utilise these Biometric Details.

In short, Aadhar Project of India is always portrayed as a Welfare Scheme. In reality, Aadhar Project and UIDAI have Evil Intentions. In fact, Aadhar Project and UIDAI are the Most Evil Projects of India till now. What is more surprising is why this E-surveillance and Big Brother Project has not been Scrapped by the Prime Minister’s office (PMO).But the real fault lies with the Parliament of India that is at fault for Abdicating its Legislative Duties under the Constitution of India.

I hope this article would not be Censored by either the E-Police State of India or Google so that Democratic Rights and Right to Speech and Expression can be freely exercised by us.