Aadhaar Programme Will Hollow Out Constitution: Petitioners To Top Court

Agencies
January 18, 2018

New Delhi, Jan 18:  Terming Aadhaar as "an electronic leash", a senior lawyer on Wednesday told the Supreme Court that the government could completely destroy an individual by "switching off" the 12-digit unique identifier number.

The argument was made before a five-judge Constititution bench headed by Chief Justice Dipak Misra which commenced hearing on a batch of petitions challenging the constitutional validity of the government's flagship Aadhaar programme and its enabling Act of 2016.

However, the bench, also comprising Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan, countered senior advocate Shyam Divan, asking whether the state "cannot say that it has every right to find out the number of schools, children or the real beneficiaries of a welfare scheme and verify the real beneficiaries of huge funds which it is spending, it needs Aadhaar number. This is a valid argument."

It posed whether the government does not have the right to say that it was spending crores of rupees on welfare schemes and needed to verify whether benefits reached the needy and the leakages or pilferage of resources stopped.

The bench also asked what will happen to the biometric data collected before the Aadhaar Act, 2016 -- whether they will be destroyed if the petitioners challenging the validity of the Aadhaar programme succeeded.

Mr Divan, who opened arguments on behalf of petitioners, said that through a succession of "marketing stratagems" and by employing "smoke and mirrors", the government has rolled out a "little understood" programme that seeks to "tether every resident of India to an electronic leash".

"This leash is connected to a central database that is designed to track transactions across the life of the citizen. This record will enable the State to profile citizens, track their movements, assess their habits and silently influence their behaviour. Over time, the profiling enables the State to stifle dissent and influence political decision making," he argued.

Mr Divan said that "the State is empowered with a 'switch' by which it can cause the civil death of an individual. Where every basic facility is linked to Aadhaar and one cannot live in society without an Aadhaar number, the switching off of Aadhaar completely destroys the individual."

He said the petitioners are certain that if the Aadhaar Act and the programme were allowed to operate "unimpeded", it would "hollow out" the Constitution, particularly the great rights and liberties it has assured to its citizens.

Mr Divan is representing several petitioners like former Karnataka High Court judge Justice KS Puttaswamy, several activists Aruna Roy, Shantha Sinha and veteran CPI(M) leader VS Achuthanandan.

Mr Divan, who argued through the day and would continue his submissions tomorrow, said "a person cannot avail the facility of a welfare scheme, if the finger prints do not match the templates set by UIDAI," he said, adding that for seven years, biometric data of individuals were collected without any legal framework but only on executive orders.

Moreover, over three crore citizens have not been able to register their biometric data, he said and asked how can the government exclude such a big part of the population who could not be registered without any fault on their part, from availing benefits.

Mr Divan contended that at its core, Aadhaar alters the relationship between the citizen and the State and diminishes the status of the citizen.

Observing that the case at hand was unique as the programme was itself without any precedent, the senior lawyer said "no democratic society has adopted a programme that is similar in its command and sweep. There are few judicial precedents to guide us. The closest foreign cases have all been decided in favour of the citizens, repelling the invasive programmes by the State."

He said this case was about a new technology that the government has sought to deploy and a new architecture of governance has been built on this technology.

A people's Constitution will transform into a State Constitution, Mr Divan said and asked whether the Constitution allowed the State to embrace this new programme or whether the key document repudiates "the giant electronic mesh that Aadhaar was creating."

He also expressed concern over extending the Aadhaar platform to private corporations, the degree of tracking and extent of profiling will "exponentially increase".

"Rights freely exercised, liberties freely enjoyed, entitlements granted by the Constitution and laws are all made conditional. Conditional on a compulsory barter. The barter compels the citizen to give up her biometrics 'voluntarily', allow her biometrics and demographic information to be stored by the State and private operators and then used for a process termed as 'authentication'," he said.

Mr Divan said the Constitution balances rights of an individual against the State interest and "Aadhaar completely upsets this balance and skews the relationship between the citizen and the State...".

"The Constitution is not a charter of servitude. Aadhaar, if allowed to roll out unimpeded reduces citizens to servitude," Mr Divan said.

Just before the end of the hearing, he said that if Aadhaar Act is upheld, then in the alternative, no citizen should be deprived of any right or benefit for lack of an Aadhaar card.

The top court had on December 15 last year extended till March 31 the deadline for mandatory linking of Aadhaar with various services and welfare schemes of all ministries and departments of the Centre, states and union territories.

A nine-judge constitution bench of the top court had last year, held that Right to Privacy was a Fundamental Right under the Constitution. Several petitioners challenging the validity of Aadhaar had claimed it violated privacy rights.

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News Network
February 10,2020

Mumbai, Feb 10: Ankita Pisudde, a resident of Hinganghat town in Wardha, was critical after sustaining 40% burns on February 3 when she was set afire, allegedly by one Vikesh Nagrale (27) while she was on her way to college.

The 25-year-old woman lecturer who was set on fire by a stalker in Maharashtra’s Wardha district last week died at a hospital in Nagpur on Monday morning, a police official said.

Ankita Pisudde, resident of Hinganghat town in Wardha, had been critical after sustaining 35 to 40% “grade III” burns on February 3 when she was set afire allegedly by one Vikesh Nagrale (27) while she was on way to her college, they said.

She was undergoing treatment at the Orange City Hospital & Research Centre here, located around 75 km from Wardha.

“Doctors at the hospital declared her dead at 6.55 a.m. today,” Hinganghat’s police inspector Satyaveer Bandiwar said.

The woman sustained deep burn injuries on scalp, face, right upper limb, left hand, upper back, neck and eyes along with severe inhalational injuries, the hospital said in a medical bulletin on Monday.

She died of “septicemic shock” after suffering from deep dermal burns along with severe inhalational injuries, respiratory distress and related complications, it said.

Around 4 a.m. on Monday, her oxygen levels deteriorated inspite of ventilator support, coupled with decreasing urine output and reduction in blood pressure, the hospital said.

As part of immediate resuscitation measures, medicines were escalated to maintain the blood pressure and all feasible steps were taken to improve the oxygen levels in blood, but the patient remained “extremely critical”, it said.

“Around 6.30 a.m., she had bradycardia and inspite of prolonged cardiopulmonary resuscitation, the patient could not be revived and was declared dead at 6.55 a.m.,” it said.

The probable cause of death was “septicemic shock”, the bulletin added.

During her treatment, she underwent tracheostomy (creating an opening in neck to place a tube into the windpipe to allow air to enter the lungs), burn dressings, debridement and escharotomies, the hospital informed.

Debridement is a medical procedure to remove dead, damaged or infected tissue, while escharotomy is a surgical procedure used to treat full-thickness (third-degree) circumferential burns.

The woman’s parents and uncle were kept informed about her deteriorating health condition and death, the hospital said, adding that the body was later handed over to police for postmortem and other formalities.

After the woman’s condition deteriorated, the hospital informed about her critical status to Maharashtra Home Minister Anil Deshmukh, Wardha Guardian Minister Sunil Kedar, Nagpur Divisional Commissioner Sanjeev Kumar, Police Commissioner Bhushan Kumar Upadhyay, Wardha Collector Vivek Bhimanwar and Wardha Superintendent of Police Basavraj Teli.

Heavy security was deployed in Hinganghat to avoid any law and order problem following her death, the police said.

Several locals, mostly women and college students, took out a march in Wardha city last Thursday, demanding death penalty for the accused.

Home Minister Deshmukh visited the hospital on Tuesday and announced that the accused’s trial would be fast-tracked.

The State government last week flew Navi Mumbai-based National Burns Centre director Sunil Keswani to Nagpur to supervise the woman’s treatment.

It has also appointed well-known lawyer Ujjwal Nikam as special public prosecutor in the case.

According to the victim’s relatives, Nagrale, who was arrested within hours of the incident on February 3, had been harassing her for quite some time.

Nagrale and the woman were friends till two years ago when she severed ties with him due to his “irrational behaviour”, the police earlier said.

A special team led by Deputy Superintendent of Police Trupti Jadhav will probe the case, the Wardha Police said last week.

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News Network
June 13,2020

Dehradun, Jun 13: Chief of Army Staff General M M Naravane on Saturday said the country is passing through difficult times and its safety and honour depend on the ability of its young officers as military leaders.

Addressing gentlemen cadets at the Indian Military Academy here as the reviewing officer of a passing out parade, Gen Naravane said they are being commissioned as officers into the army under the most daunting of circumstances and the high standards of their military training will help them overcome the challenges lying in store for them.

The parade saw a total of 423 cadets being commissioned into the army including 333 from the country and 90 from friendly foreign countries.

"These are difficult times for the country. Its safety, honour and respect depend on your abilities as military leaders. You have to live up to the expectations of your countrymen. You have to ensure that whatever you do is for their welfare," he said.

The army chief said there are no good or bad regiments but only good officers.

"Become one with your men. Win their trust and affection and they will win battles for you," Naravane said.          

He asked the gentlemen cadets to throw themselves into their new role as commissioned officers with passion but also be compassionate towards their men.

"When the going gets tough and all seems lost, it is the spirit of your men that helps you win," he said.          

He said the gentlemen cadets who are taking their first step as commissioned officers will have to make decisions in the tactical and operational domain as well as resolve ethical issues and they will have only their conscience to guide them.          

"In such critical moments let the core values enshrined in the preamble of the constitution of India be your guiding light," the Army Chief said.

Asking them to rise above petty considerations of caste, creed and religion, he said the army does not discriminate.

Apart from containing the external threats, you may also have to defang internal forces out to destabilise the country.

He said the precise drill movements of the cadets had convinced him they will do their respective countries proud.

"In the autumn of your careers what will matter is not the position you finally attain but how honourably you have served your nation," he said.              

In a message to the gentlemen cadets' parents, who were not allowed to attend the event due to the coronavirus pandemic, the Army Chief said, "Till yesterday they (gentlemen cadets) were your children but from tomorrow they will be ours."

He promised to be with them through thick and thin.

The parade looked slightly off-colour this time with the enthusiastic crowds of parents and some usual features missing like the showering of the drill square with flower petals by helicopters.

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News Network
August 7,2020

Idukki, Aug 7: Several people lost their lives and dozens of tea estate workers are feared trapped under soil in Kerala’s Munnar after torrential rains triggered a massive landslide on today. 

As many as five bodies have been recovered and rescue workers are fighting inclement weather to remove the debris.

According to rescue workers, four lanes of quarters and a church are buried under mud and around 80 people are feared trapped.

Seven people have been rescued so far and shifted to the hospital.

Sources said a portion of Pettimudi came crashing down on the workers colony with a deafening roar in the wee hours of Friday.

As people were sleeping in the quarters, there was little time to escape.

Further, with the Periyavara bridge being washed away, it became all the more difficult for rescue workers to reach the spot.

The construction of a new temporary Periyavara bridge however, is underway.

The bridge was previously destructed during the deluge of August 2018. Later during the north west monsoons and the south west monsoon of 2019, it suffered damage again.

The present bridge, which got damaged on Thursday after Kannimala river levels rose, was constructed under the leadership of Coir fed.

Although a new concrete bridge has been constructed near the temporary bridge in Periyavara, vehicle  movement has not been possible because the authorities are yet to build its approach via road.

The new bridge is to be constructed at a cost of Rs 4.75 crore from Devikulam MLA S Rajendran's fund.

The entire area has been cut off from outside world and communication networks have also crashed.

Teams of Fire and Rescue personnel, NDRF, revenue officials, estate workers and police are struggling to conduct rescue operations.

Meanwhile, District collector H Dhineshan said a team of rescue personnel was sent to Pettymudy after he was briefed about the mishap and search operations to locate and rescue people are underway.

Facilities have been arranged at the hospitals nearby to provide necessary treatment facilities to the people being rescued.

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