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
July 10,2020

United Nations, Jul 10: India is a "good example" as solar auctions have seen popularity amidst the height of the COVID-19 pandemic, UN chief Antonio Guterres said on Thursday, underlining that renewable energy is the only energy source expected to grow in 2020 and offers more jobs than the fossil fuel industry.

In his remarks to the International Energy Agency "Clean Energy Transition Summit'', UN Secretary-General Guterres urged the international community to commit to further usage of coal and to end all external financing of coal in the developing world.

"Coal has no place in COVID-19 recovery plans. Nations must commit to net-zero emissions by 2050 and submit more ambitious national climate plans before COP-26 next year," he said.

"The seeds of change are there. Renewable energy is the only energy source expected to grow in 2020. Solar auctions have seen popularity amidst the height of the pandemic. India serves as a good example. Renewables offer three times more jobs than the fossil fuel industry," Mr Guterres said.

Last month, Adani Green Energy said it has bagged the first of its kind manufacturing-linked solar contract worth Rs 45,000 crore from the Solar Energy Corporation of India (SECI) to develop 8 GW electricity generation capacity and 2 GW equipment manufacturing facility in the country.

Mr Guterres said he has asked all countries to consider six climate positive actions as they rescue, rebuild and reset their economies.

"We need to make our societies more resilient. We need green jobs and sustainable growth," he said, adding that bailout support to sectors such as industry, aviation and shipping should be conditioned on alignment with the goals of the Paris Agreement.

Countries also need to stop wasting money on fossil fuel subsidies and place a price on carbon, he said, noting that countries need to consider climate risk in their decision making.

"Every financial decision must take account of environmental and social impacts. Overall, we need to work together," he said.

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News Network
January 1,2020

New Delhi, Jan 1: Prevention of Money Laundering Act (PMLA) court in Mumbai has allowed banks that lent money to embattled liquor tycoon Vijay Mallya to utilize seized assets, news agency reported today quoting sources from the Enforcement Directorate (ED). The court also said all parties affected by the order can appeal at the Bombay High Court till January 18.

Last month, a consortium of Indian banks petitioned a London court for ex-billionaire Vijay Mallya to be declared bankrupt over ₹9,000 crore in unpaid debts. It comes as Mallya, who founded the now defunct Kingfisher Airlines Ltd, faces extradition to his home country of India.

Mallya had fled India in March 2016 and has been living in the United Kingdom since then. The 64-year-old former Kingfisher Airlines is fighting extradition to India in relation of fraud and money laundering allegations arising out of the debt acquired from the banks.

Mallya remains on bail pending the UK High Court appeal hearing in the extradition proceedings brought by India in relation to fraud and money laundering charges amounting to ₹9,000 crores. He had been arrested on an extradition warrant back in April 2017 and has been fighting his extradition in the UK courts since then.

He was granted permission to appeal against his extradition order, which is scheduled in the Royal Courts of Justice in London for February.

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News Network
January 2,2020

New Delhi, Jan 2: Thirteen firefighters were among the 14 people injured when a battery factory collapsed in northwest Delhi's Peera Garhi following an explosion due to a fire that broke out early on Thursday morning, officials said.

A fire brigade personnel still remained trapped under the debris of the building in Udyog Nagar area, an official said.

A large portion of the two-storey building collapsed following an explosion when firefighters were dousing the blaze, the official said, adding that fire department had received a call at 4.23am.

Plumes of smoke billowed out from the building as the fire brigade personnel battled to contain the blaze. An eyewitness said several explosions were heard as the blaze gutted down the building.

The National Disaster Response Force (NDRF) and civil authorities rushed to the spot to control the situation, an official said, adding that 35 fire tenders were at the spot.

The injured, including a security guard of the factory, were rushed to nearby hospitals, a police officer said.

Chief Minister Arvind Kejriwal said he was monitoring the situation.

"V sad to hear this. Am closely monitoring the situation. Fire personnel trying their best. Praying for the safety of those trapped," Kejriwal tweeted.

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