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Aadhaar: Questions Of Data Breach And Some Other Concerns

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Aadhaar, on the surface of it seems to be the noblest of initiatives by the Indian Government. Rightly titled Aadhar (Targeted Delivery of Financial and other subsidies, benefits and services) Act, 2016, its primacy lies in the rightful delivery of subsidies to the ones in need. Who knew that what started out under the pretext of a National Identity Card under the recommendations of the Kargil Review Committee post the Kargil War could morph into an initiative that would help the Government save 90,000 crore in a year while distributing subsidies effectively.

Has The Distribution Of Subsidies Really Been That Effective?

The legal debate about the constitutionality of Aadhaar drew a halt when the Supreme Court on 26th September, 2018 upheld Aadhaar’s constitutional validity keeping some provisions intact while striking others by its five member bench with a 4:1 majority. It ruled that Aadhaar was now mandatory to avail subsidies and everyone had to get their Pan card linked with their Aadhaar.

The reason for the former stems from the duplicity of ration cards that prevailed prior to the introduction of Aadhaar to avail subsidies and the latter would help combat income tax evaders. It’s however no longer mandatory to be linked with bank accounts or phone numbers. Private companies, commercial banks cannot ask for Aadhaar and students don’t need Aadhaar to appear for CBSE, NEET or UGC exams. Further, children can’t be denied subsidies even if they don’t possess Aadhaar.

While there are parts of this judgement that hit the nail on the head such as the striking of Section 57 which allowed private companies to seek Aadhaar or the striking of Section 47 under which only a person of the UIDAI or one authorised by it could move the court in case of a data breach, now citizens can rightfully move the court in cases of data theft. The period for the storage of authentication data has dropped from five years to 6 months.

Some Potent Anomalies

The rights of the individual cannot be subjected to the vicissitudes of technology or to that of an algorithm. Image via Getty

While there is an upside to this verdict, there are also some potent anomalies that it presents. For instance, the very basis on which Aadhaar is issued i.e biometrics, is wide ranging. Section 2(g) of the Act defines biometrics as fingerprints, iris scans or any other ‘biological attributes’. Justice DY Chandrachud rightly expressed his concerns saying that without a solid limitation on the biometric data that can be collected, one’s privacy is at stake. Besides vaguely defined biometric data, when an identity based on biometrics becomes imperative to avail basic rights such as food, it sets the stage for turmoil.

Those who aren’t able to authenticate biometric data either because their features have changed due to age or because the machines responsible for authenticating data do not catch a signal in remote villages would be left out from getting their basic needs. According to data revealed by the Right To Food campaign, 14 people allegedly starved to death in Jharkhand over 10 months after being denied rations – because they didn’t have Aadhaar. Old pensioners have lost their lives as they were not able to get their pensions on time which also indirectly facilitates their livelihood. It might be a wise move to exempt senior citizens from Aadhaar to avail subsidies just the way children are. As the sole dissenting judge in the Aadhaar verdict, DY Chandrachud said that the rights of the individual cannot be subjected to the vicissitudes of technology or to that of an algorithm.

Is Our Data Really Safe?

Both Governments, the UPA and the NDA have sworn by Aadhaar, now it is imperative that the central government look into measures to make sure every beneficiary avails subsidies, the main purpose for which this project was vehemently promulgated. Another concern brewing on the sidelines of this overarching issue is that, is our data really safe? The Supreme Court has blindly accepted the claim by the UIDAI that private data won’t be used for state surveillance or any sort of data breach is out of the question, though are there any laws in place to check for the same? Without laws that punish data breach, misuse can seldom be prevented.

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An ambassador and trained facilitator under Eco Femme (a social enterprise working towards menstrual health in south India), Sanjina is also an active member of the MHM Collective- India and Menstrual Health Alliance- India. She has conducted Menstrual Health sessions in multiple government schools adopted by Rotary District 3240 as part of their WinS project in rural Bengal. She has also delivered training of trainers on SRHR, gender, sexuality and Menstruation for Tomorrow’s Foundation, Vikramshila Education Resource Society, Nirdhan trust and Micro Finance, Tollygunj Women In Need, Paint It Red in Kolkata.

Now as an MH Fellow with YKA, she’s expanding her impressive scope of work further by launching a campaign to facilitate the process of ensuring better menstrual health and SRH services for women residing in correctional homes in West Bengal. The campaign will entail an independent study to take stalk of the present conditions of MHM in correctional homes across the state and use its findings to build public support and political will to take the necessary action.

Saurabh has been associated with YKA as a user and has consistently been writing on the issue MHM and its intersectionality with other issues in the society. Now as an MHM Fellow with YKA, he’s launched the Right to Period campaign, which aims to ensure proper execution of MHM guidelines in Delhi’s schools.

The long-term aim of the campaign is to develop an open culture where menstruation is not treated as a taboo. The campaign also seeks to hold the schools accountable for their responsibilities as an important component in the implementation of MHM policies by making adequate sanitation infrastructure and knowledge of MHM available in school premises.

Read more about his campaign.

Harshita is a psychologist and works to support people with mental health issues, particularly adolescents who are survivors of violence. Associated with the Azadi Foundation in UP, Harshita became an MHM Fellow with YKA, with the aim of promoting better menstrual health.

Her campaign #MeriMarzi aims to promote menstrual health and wellness, hygiene and facilities for female sex workers in UP. She says, “Knowledge about natural body processes is a very basic human right. And for individuals whose occupation is providing sexual services, it becomes even more important.”

Meri Marzi aims to ensure sensitised, non-discriminatory health workers for the needs of female sex workers in the Suraksha Clinics under the UPSACS (Uttar Pradesh State AIDS Control Society) program by creating more dialogues and garnering public support for the cause of sex workers’ menstrual rights. The campaign will also ensure interventions with sex workers to clear misconceptions around overall hygiene management to ensure that results flow both ways.

Read more about her campaign.

MH Fellow Sabna comes with significant experience working with a range of development issues. A co-founder of Project Sakhi Saheli, which aims to combat period poverty and break menstrual taboos, Sabna has, in the past, worked on the issue of menstruation in urban slums of Delhi with women and adolescent girls. She and her team also released MenstraBook, with menstrastories and organised Menstra Tlk in the Delhi School of Social Work to create more conversations on menstruation.

With YKA MHM Fellow Vineet, Sabna launched Menstratalk, a campaign that aims to put an end to period poverty and smash menstrual taboos in society. As a start, the campaign aims to begin conversations on menstrual health with five hundred adolescents and youth in Delhi through offline platforms, and through this community mobilise support to create Period Friendly Institutions out of educational institutes in the city.

Read more about her campaign. 

A student from Delhi School of Social work, Vineet is a part of Project Sakhi Saheli, an initiative by the students of Delhi school of Social Work to create awareness on Menstrual Health and combat Period Poverty. Along with MHM Action Fellow Sabna, Vineet launched Menstratalk, a campaign that aims to put an end to period poverty and smash menstrual taboos in society.

As a start, the campaign aims to begin conversations on menstrual health with five hundred adolescents and youth in Delhi through offline platforms, and through this community mobilise support to create Period Friendly Institutions out of educational institutes in the city.

Find out more about the campaign here.

A native of Bhagalpur district – Bihar, Shalini Jha believes in equal rights for all genders and wants to work for a gender-equal and just society. In the past she’s had a year-long association as a community leader with Haiyya: Organise for Action’s Health Over Stigma campaign. She’s pursuing a Master’s in Literature with Ambedkar University, Delhi and as an MHM Fellow with YKA, recently launched ‘Project अल्हड़ (Alharh)’.

She says, “Bihar is ranked the lowest in India’s SDG Index 2019 for India. Hygienic and comfortable menstruation is a basic human right and sustainable development cannot be ensured if menstruators are deprived of their basic rights.” Project अल्हड़ (Alharh) aims to create a robust sensitised community in Bhagalpur to collectively spread awareness, break the taboo, debunk myths and initiate fearless conversations around menstruation. The campaign aims to reach at least 6000 adolescent girls from government and private schools in Baghalpur district in 2020.

Read more about the campaign here.

A psychologist and co-founder of a mental health NGO called Customize Cognition, Ritika forayed into the space of menstrual health and hygiene, sexual and reproductive healthcare and rights and gender equality as an MHM Fellow with YKA. She says, “The experience of working on MHM/SRHR and gender equality has been an enriching and eye-opening experience. I have learned what’s beneath the surface of the issue, be it awareness, lack of resources or disregard for trans men, who also menstruate.”

The Transmen-ses campaign aims to tackle the issue of silence and disregard for trans men’s menstruation needs, by mobilising gender sensitive health professionals and gender neutral restrooms in Lucknow.

Read more about the campaign here.

A Computer Science engineer by education, Nitisha started her career in the corporate sector, before realising she wanted to work in the development and social justice space. Since then, she has worked with Teach For India and Care India and is from the founding batch of Indian School of Development Management (ISDM), a one of its kind organisation creating leaders for the development sector through its experiential learning post graduate program.

As a Youth Ki Awaaz Menstrual Health Fellow, Nitisha has started Let’s Talk Period, a campaign to mobilise young people to switch to sustainable period products. She says, “80 lakh women in Delhi use non-biodegradable sanitary products, generate 3000 tonnes of menstrual waste, that takes 500-800 years to decompose; which in turn contributes to the health issues of all menstruators, increased burden of waste management on the city and harmful living environment for all citizens.

Let’s Talk Period aims to change this by

Find out more about her campaign here.

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A former Assistant Secretary with the Ministry of Women and Child Development in West Bengal for three months, Lakshmi Bhavya has been championing the cause of menstrual hygiene in her district. By associating herself with the Lalana Campaign, a holistic menstrual hygiene awareness campaign which is conducted by the Anahat NGO, Lakshmi has been slowly breaking taboos when it comes to periods and menstrual hygiene.

A Gender Rights Activist working with the tribal and marginalized communities in india, Srilekha is a PhD scholar working on understanding body and sexuality among tribal girls, to fill the gaps in research around indigenous women and their stories. Srilekha has worked extensively at the grassroots level with community based organisations, through several advocacy initiatives around Gender, Mental Health, Menstrual Hygiene and Sexual and Reproductive Health Rights (SRHR) for the indigenous in Jharkhand, over the last 6 years.

Srilekha has also contributed to sustainable livelihood projects and legal aid programs for survivors of sex trafficking. She has been conducting research based programs on maternal health, mental health, gender based violence, sex and sexuality. Her interest lies in conducting workshops for young people on life skills, feminism, gender and sexuality, trauma, resilience and interpersonal relationships.

A Guwahati-based college student pursuing her Masters in Tata Institute of Social Sciences, Bidisha started the #BleedwithDignity campaign on the technology platform, demanding that the Government of Assam install
biodegradable sanitary pad vending machines in all government schools across the state. Her petition on has already gathered support from over 90000 people and continues to grow.

Bidisha was selected in’s flagship program ‘She Creates Change’ having run successful online advocacy
campaigns, which were widely recognised. Through the #BleedwithDignity campaign; she organised and celebrated World Menstrual Hygiene Day, 2019 in Guwahati, Assam by hosting a wall mural by collaborating with local organisations. The initiative was widely covered by national and local media, and the mural was later inaugurated by the event’s chief guest Commissioner of Guwahati Municipal Corporation (GMC) Debeswar Malakar, IAS.

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