Aadhaar Is A Digital Panopticon And Is The Worst Human Rights Nightmare Of The World

Aadhaar is a Digital Panopticon and is the worst Human Rights nightmare of the World. India cannot be trusted with issues like Civil Liberties, Privacy, Data Protection and Human Rights Protection in Cyberspace. That is why we at PTLB have created a “No Aadhaar Zone” that is an “Aadhaar Cancer Free Zone”.

Aadhaar is an Orwellian project of highest magnitude and is the worst Digital Panopticon of the Human History. Aadhaar is also a classic example how Rule of Law and Constitution can be compromised by a collusion of Executive, Judiciary and Parliament. There is no second opinion that Supremacy of Constitution is no more there in India.

Irrespective of these negative developments and “Digital Emergency” that are in existence in India, some brave warriors are still fighting against unconstitutional and Orwellian Aadhaar. But none can deny the fact and truth that Indian Supreme Court is passing through a time worst than the Jabalpur Era time. The Emergency imposed by Congress was limited for some years but the Digital Emergency imposed by the BJP is perpetual and soon Indians would face very dangerous consequences of Aadhaar.

So far the Aadhaar Crimes have been reported in the form of data breaches, cyber security breaches, deaths due to denial of food and healthcare, social exclusions, denial of employment and employment related discriminatory issues, etc. We at PTLB are already in a tussle with Indian Government as we are working to Scrap Aadhaar and we would not allow Indian Government and its Ministries/Departments to hide behind the facade and political rhetoric of Aadhaar.

All the policies and schemes of Indian Government are political rhetoric to fool Indians and to deny them of their legitimate Human Rights and Fundamental Rights. We have given critical evaluation of each and every such political rhetoric of BJP Government whether it relates to pension scheme for farmers and small traders, benefits for MSMEs and startups, employments lies, loans lies, etc.

What we have seen in our 10 years fight against unconstitutional and Orwellian Aadhaar is that Aadhaar would never empower Indians. By its very design Aadhaar is meant for either Death or Digital Slavery for perpetuity. So there is no case for keeping this menace in India as it would plague the future generations too. Parents are enrolling their children without realising the dangers of Aadhaar and many of them treat it as a privilege.

I am happy that other countries have escaped from this “Human Rights Cancer” and I strongly recommend that they should stay thousand miles away from this menace. As for Indians, they must fight back and demand scrapping of unconstitutional Aadhaar. The starting point can be non use of Aadhaar for PAN, tax returns, banks, mobile SIM connections, etc. Indian Government is using coercion and fear to oppress Indians with this Digital Slavery but it is worth to stay free and safe by boycotting Aadhaar.

Another Failure Of Digital India Project Is The RTI Portal Of Modi Government

The amount of money that Modi Government wasted on advertisements and propaganda to promote Digital India could have been better utilised by using it for technology and pushing use of electronic records and Digital India in Government Departments and Ministries like MSME.

Narendra Modi Government has been advertising about Digital India project since 2014 but till June 2019 the project has remained a big failure. From Government Departments/Ministries to basic level public service portals, everything is in bad shape.

We at PTLB Projects are already working upon to bring transparency and accountability in Government Departments/Ministries on the one hand to strengthen Digital India on the other. We have launched many successful Digital India projects like TeleLaw Project that have actually made Digital India successful.

But on the Government side the position is really bad. Ministries like MSME are openly flouting Digital India norms and Prime Minister’s Office (PMO) is silent on the same. First we lodged a grievance with the PMO and the grievance officer of PMO sat upon the grievance. It is only after we filed the Right to Information (RTI) application, that the grievance was forwarded to Ministry of MSME.

But this has given rise to another problem. The RTI portal of Modi Government is in a very bad shape and it proves that Digital India is a political rhetoric. Compare the RTI portal of Modi Government with RTI portal of Delhi Government (AAP), and differences are very clear. If RTI portal of Delhi gets a score of 8 out of 10 (greater being good), the RTI portal of Modi Government would hardly get 4 out of 10.

The RTI portal of Modi Government has a unique feature. It completes everything, including payment deduction, and then flashes a message of failed filing. Applicants have to run after the portal administrator for 2 days to get the RTI application number. Without the RTI application number the application would not be pursued further though the concerned Department/Ministry is aware about the filing and contents of such RTI application.

We filed an RTI application before PMO on 01-07-2019 and till the time of writing of this article, the RTI application number has not been generated. The portal claims that a maximum time of 48 hours is taken to manually tally the payment to the RTI application but even that time period is over.

What is frustrating is the fact that this is not a one time experience but a regular process at the portal. Still neither the portal nor the Modi Government deemed it fit to remove this nuisance.

(1) Update I (04-07-2019): Even after 3 days and deduction of Rs. 10 for filing the RTI Application at Prime Minister’s Office (PMO), the RTI Application has still not been registered. When we tried to file a second RTI Application to PMO, the RTI portal collapsed and it remained so till late evening.

(2) Update II (04-07-2019): Despite many e-mail reminders and Twitter discussions, the DoPT failed to tally the payment of Rs. 10 with the RTI Application filed on 01-07-2019. Frustrated with the bad e-governance and worst e-delivery of services in India, we were forced to file a second RTI Application on 04-07-2019. However the second RTI Application also faced similar fate. RTI Portal of Modi Government is a big failure and shouting slogans of Digital India and Digital India New India is futile.

(3) Update III (04-07-2019): On the contrary the RTI Portal of Delhi disposed off our RTI Application in just 1 day. This is incredibly good and Digital India project of Modi Government is in serious trouble. It is devoid of any e-delivery and digital empowerment goals.

(4) Update IV (05-07-2019): After much follow up, the RTI at PMO was finally registered today. While RTI Portal of Delhi Government is instantly registering the RTIs yet RTI Portal of Modi Government is taking 4 days just to register and communicate the RTI  number. Now think how much time would be taken by Modi Government to dispose off the RTI Application. On the other hand, RTI Applications in the Chief Minister Office (CMO) and Deputy Chief Minister Office  (DyCMO) of Delhi are moving in a 1 day cycle. So a RTI filed before Delhi Govt is not only instantly filed but it is also forwarded for prompt action within 1 day and this includes the time of filing of RTI Application too.

Contempt Of Court And Digital India Non Compliance By Ministry Of MSME: An Open Letter To Our Beloved Narendra Modi Ji

Dear Narendra Modi Ji

Greetings from Perry4Law Organisation (P4LO) and PTLB Projects that are incessantly working in the direction of making India a Global Leader in Techno Legal Fields.

We have been empowering poor, farmers, needy people, marginalised segments, startups, MSMEs, etc through our Techno Legal projects. In one such project, we are trying to streamline the processes at Ministry of MSME by using technology and other processes that can bring transparency and accountability in the Ministry of MSME.

However, the Ministry of MSME is not only illegally forcing Aadhaar even after the decision of Constitution Bench of Supreme Court but is also mocking the Digital India and Indian Cyber Law. As per the Information Technology Act, 2000 and well accepted and implemented policy of Indian Government, electronic documents are accepted all over India in multiple Ministries and Departments. Insisting that documents should be sent in paper form only is not only waste of money and time but would also cost us precious trees and our environment.

We first communicated with the Ministry of MSME over e-mail and when the Ministry failed to act on time, we filed an RTI Application (PDF). The intention is to make the functionalities and processes of Ministry of MSME as much online as possible. But Ministry of MSME is not cooperating in this regard and is frustrating our Digital India and New India Model.

We have attached the entire development and communications with Ministry of MSME for your perusal in the hope that we may be allowed to streamline the processes and applications in Ministry of MSME and Digital India would actually be effective.

Please look into the matter urgently and take corrective steps so that bureaucrats and Ministries like MSME do not take Citizens, Digital India and New India for granted.

Warm Regards

Praveen Dalal
Mobile: xxxxxxxxxx
New Delhi, India.

(1) Update 1 (21-06-2019): Today the Contempt of Court and violation of provisions of IT Act 2000 by Ministry of MSME has been escalated to next levels. We would update our readers about the same and its outcome soon.

(2) Update II (01-07-2019): Today we filed a RTI Application before the Prime Minister’s Office (PMO) regarding establishing transparency and accountability among Government Departments and Ministries. We also sought information about the Government’s pet project Digital India so that its actual implementation and truth can be revealed.

(3) Update III (02-07-2019): Yesterday (on 01-07-2019) we filed a RTI Application at PMO as the grievance officer was sitting upon our grievance. Today the grievance officer has forwarded our grievance to the head of the department at Ministry of MSME. We are committed to bring digital governance, Digital India, e-delivery and Good Governance in all Govt Departments and Ministries in India.

(4) Update IV (05-07-2019): After much follow up, the RTI filed on 01-07-2019 at PMO was finally registered today on 05-07-2019. While RTI Portal of Delhi Government is instantly registering the RTIs yet RTI Portal of Modi Government is taking 4 days just to register and communicate the RTI  number. Now think how much time would be taken by Modi Government to dispose off the RTI Application. On the other hand, RTI Applications in the Chief Minister Office (CMO) and Deputy Chief Minister Office  (DyCMO) of Delhi are moving in a 1 day cycle. So a RTI filed before Delhi Govt is not only instantly filed but it is also forwarded for prompt action within 1 day and this includes the time of filing of RTI Application too.

Dealing In Cryptocurrency Like Bitcoin Could Soon Be Banned And Punishable In India

Cryptocurrency like Bitcoin has a turbulent history in India. There has always been an environment of uncertainty and doubt about the legality of Bitcoin in India. To make the matter worst, many Indian and foreign Bitcoin exchanges were shut down without repayment to the Bitcoin holders. Many Bitcoin exchanges offices were also raided by law enforcement agencies in India to investigate money laundering and other foreign exchange compliance issues.

Nevertheless, enthusiasm among the cryptocurrency stakeholders always remained high in India. The cryptocurrency  stakeholders are lobbying very hard to get it recognised in India. However, the mood of Indian Government is more on the side of banning foreign  cryptocurrency and regulating its own digital currency like “Digital Rupee”.

The draft Banning of Cryptocurrency and Regulation of Official Digital Currency Bill 2019 is a manifestation of that intention of Indian Government. As per the draft Cryptocurrency Bill, Individuals involved in mining, selling or holding of cryptocurrency like Bitcoin might face 10 year prison term. So people who “mine, generate, hold, sell, transfer, dispose, issue or deal in cryptocurrencies” may face the heat of proposed law.

This is a very wide restriction and for all practical purposes dealing of foreign cryptocurrencies in India can be a severe offence now. Along with making it illegal, the draft law also proposes to make holding cryptocurrencies a non-bailable offence.

Economic Affairs Secretary Subhash Chandra Garg is heading the panel drafting the Banning of Cryptocurrency and Regulation of Official Digital Currency Bill 2019. The panel reportedly includes several members from the Securities and Exchange Board of India (SEBI) as well as investigating agencies and Central Board of Direct Taxes (CBDT), among others.

The Reserve Bank of India (RBI) had already issued a notification prohibiting Indian banks from providing financial services to crypto exchanges. Considering the potential of cryptocurrencies of being misused in money laundering and other illicit activities, government authorities had backed banning it in India in the past.

It seems Indian Government is planning to launch and promote its own digital currency. The Government is working on an official digital currency for India called ‘Digital Rupee’. The Government- controlled cryptocurrency might be rolled out after consultations with the central board of the Reserve Bank of India.

This is a smart move as promoting India’s own digital currency would have its own financial and regulatory benefits in future. However, there is a lack of innovative ideas in India and the Aadhaar fiasco has proved this point very well. Indian Government should rely upon Techno Legal Policies and Projects instead of forcing Orwellian and oppressive technologies. Also actual implementation of Digital Rupee scheme would be a challenging one. Without adequate Techno Legal expertise, this project would remain a dream only. So before launching Digital Rupee, Indian Government must do its homework and establish necessary and adequate infrastructure in this regard in advance.

It is premature to comment upon the proposed Cryptocurrency Bill, but there may still be some hope for foreign cryptocurrencies either before or after the Bill becomes a law. We at Perry4Law Organisation (P4LO) can help you in your cryptocurrency venture in India and other jurisdictions and if you are interested in our Techno Legal consultancy/services, please contact us and establish a client attorney relationship.

Telelaw Project Of PTLB Is A Human Rights Project For Human Beings By Techno Legal Humans

Access to Justice (A2J) is a concept that is easy to discuss but very difficult to implement. In real life we face many complicated situations where a segment of people is in a precarious situation yet they have no Access to Justice (A2J) and legal services. If there is a timely Access to Justice (A2J) many precious lives can be saved and damage to property and other assets can also be minimised.

While Access to Justice (A2J) is a core Human Right and it must be strengthened yet nations across the globe are struggling hard to meet this objective. What is surprising is that we talk about Artificial Intelligence (AI), Machine Learning, Internet of Things (IoT), Blockchain, etc but we cannot provide basic A2J using simple Techno Legal tools. If we cannot provide A2J by collectively using technology and legal means, can we actually be successful in implementing and using other complicated technologies as mentioned above?

This question has come to my mind because we at PTLB have been managing Techno Legal Projects like Online Dispute Resolution (ODR), E-Courts, Online Skills Development, etc for long. But so far Indian Government has neither adopted such projects nor supported them. There is a complete indifference and apathy on the part of Indian Government to work in this direction.

Though we faced many problems yet we did not loose hope. Instead we strengthened and rejuvenated our efforts in this regard. Till Indian Government do the needful, we at PTLB decided to do something at our level.

We have created a Startup named PTLB Projects that has picked up Techno Legal Projects of PTLB like ODR, E-Courts, Online Skills Development, etc. PTLB Projects has started working in the direction of transforming them into “Scalable Business Models” from “Post Minimum Viable Products/Projects (MVPs)” stage. PTLB Projects is also seeking collaboration with Indian Government on these projects so that collectively we can make India a “Global Leader in Techno Legal Fields”.

PTLB Projects has also launched few new Techno Legal Projects too. One of such projects is TeleLaw Project of PTLB. It is no ordinary TeleLaw project but is the exclusive Techno Legal TeleLaw Project of the world. The idea of PTLB Projects is to provide an online portal where complicated Techno Legal issues can be discussed and resolved. The idea is also to provide affordable and concessional Techno Legal Services to national and international stakeholders alike. However, the “Ultimate Goal” of TeleLaw Project of PTLB is to make India a “Global Leader in Techno Legal Fields”.

We have tested some very fabulous features for the TeleLaw Project and would implement the same when Indian Government and other collaborators would support this project. We have also received some good offers for funding for our Techno Legal Projects and we hope the TeleLaw Project of PTLB would also get some good funding offers soon.

All these efforts have been made by PTLB so that the Human Right of Access to Justice (A2J) can be a reality in India. TeleLaw Project of PTLB is a Human Rights Project for Human Beings by Techno Legal Humans. We have Expert Lawyers and world’s best Techno Legal experts who would support this project. A wide category of national and international collaborating stakeholders have been specified who can make a reference for our TeleLaw Services. Once a reference is made, we would provide our Techno Legal Services in an affordable and concessional manner.

If for some reason you are unable to get a reference from a national or international collaborating stakeholder, you can approach Perry4Law Organisation (P4LO) or PTLB for such reference with all details and we would refer you to the TeleLaw Services. For instance, AFPOH has been authorised by PTLB to make a reference on behalf of rural communities, farmers, rural entrepreneurs, marginalised segments, etc. AFPOH will make a reference on their behalf and then TeleLaw Project of PTLB will take care of their legal problems.

We hope national and international stakeholders would find the TeleLaw Project of PTLB useful and they would extend their cooperation and expertise to this much needed Human Rights project.