Sham ID Aadhaar Supreme Court Judgment with My Comments

The PDF below is the Sham ID Aadhaar Judgment with my comments.

The main points I made therein are the following.

1. The Hon'ble Supreme Court missed the fact that the UIDAI contracts with Biometric Solution Providers are illegal because, the entire data is not merely handed over to these private companies, but they are also authorised to collect (more data), use, store, transfer, process and link the data to individuals. This fact appears to NOT have been brought to the notice of the Court. 

  1. The contracts violate the Act which, says in Section 29 that data cannot be shared except under certain specific circumstances. If the Act is valid, (which, in my view, it is not) as per the Supreme Court, then the contracts are invalid. If the contracts are invalid, all data collected under the contracts are illegally collected and hence, cannot be used for purposes of the Act.
  2.  The Sham ID Aadhar number is for all residents. It make no distinction between non-citizen residents and citizens. Hence, it cannot be used a KYC for any purpose for which citizenship is essential. This fact too is not mentioned anywhere in the judgement.
  3.  The Court assumed that biometrics results in unique identities. This is disproved by both scientific research and mathematical proof. It is substantiated by ground data which shows millions, 80 million people – to be exact – have been excluded due to false matches, that is, one person’s biometrics being mistaken for another’s. This is an inherent property or fallibility of biometric identification systems. De-duplication of biometric identities in large populations is impossible.