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.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
February 9,2020

New Delhi, Feb 9: As the outbreak of novel coronavirus has lead to the death of more than 800 Chinese nationals, aviation regulator DGCA on Saturday said that foreigners who went to China on or after January 15 will not be allowed to enter India.

The DGCA, in its circular to airlines on Saturday, reiterated that all visas issued to Chinese nationals before February 5 have been suspended.

However, the Directorate General of Civil Aviation (DGCA) clarified, "These visa restrictions will not apply to aircrew, who may be Chinese nationals or other foreign nationalities coming from China."

"Foreigners who have been to China on or after January 15, 2020, are not allowed to enter India from any air, land or seaport, including Indo-Nepal, Indo-Bhutan, Indo-Bangladesh or Indo-Myanmar land borders," the DGCA said.

Among Indian airlines, IndiGo and Air India have suspended all of their flights between the two countries. SpiceJet continues to fly on Delhi-Hong Kong route.

On February 1 and 2, Air India conducted two special flights to Chinese city of Wuhan, epicentre of the outbreak, evacuating 647 Indians and seven Maldivians.

Till date, three Indians have tested positive for novel coronavirus.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
February 26,2020

Mumbai, Feb 26: Observing that the violence in Delhi is akin to a "horror film" depicting the grim reality of the 1984 anti-Sikh riots, the Shiv Sena on Wednesday said the "bloodbath" has brought disrepute to the national capital like never before while US President Donald Trump was in India with the "message of love".

The editorial in party mouthpiece 'Saamana' lamented that Trump was welcomed in Delhi while there was bloodbath on the streets.

It further said that the violence could potentially spread the message that the Central government has failed to maintain the law and order situation in Delhi.

"Violence has erupted in Delhi. People are on the streets equipped with canes, swords, revolvers, blood is being spilled on the roads. Some horror film-like situation is being witnessed in Delhi, which depicts the grim reality of the 1984 riots," the Sena said.

It further said the BJP was still blaming the Congress for the deaths of hundreds of Sikhs in the violence that was erupted after assassination of then Prime Minister Indira Gandhi.

It needs to be unravelled who is responsible for the current riots in Delhi, the Sena said while referring to the "language of threats and warning used by some BJP leaders".

"The national capital was burning at a time when Prime Minister Narendra Modi and visiting US President Trump were holding talks.

"It does not augur well that Trump was welcomed in Delhi with the horror film of violence, bloodbath on the streets, screams of people, and tear gases. Trump saheb came to Delhi with a message of love, but what unfolded before him? 'Namaste' in Ahmedabad and violence in Delhi. Never before Delhi was defamed like this," the editorial said.

Trump had begun his February 24-25 India visit from Ahmedabad in Gujarat.

Seventeen people have died so far and over hundred were injured in the violence that has gripped several parts of north east Delhi over the Citizenship Amendment Act (CAA) since Sunday.

Attacking the Central government over reports that the violence was timed with Trump's visit, Sena said, "the Union Home Ministry has alleged that a conspiracy was hatched to defame India internationally by triggering the violence during Trump's visit to the national capital.

"The Home Ministry not knowing about the conspiracy behind the violence over the CAA is detrimental to national security. There is no problem in controlling the riots with the same courage with which Article 370 and 35A were scrapped," the editorial said.

It further said the anti-CAA protest at Shaheen Bagh in Delhi was yet to be called off yet despite the Supreme Court appointing mediators.

"It is being said that the violence sparked off after some BJP leaders talked the language of threats and warning. So, did someone want the peaceful agitation (at Shaheen Bagh) to acquire the present form of riots? (They) could have waited for at least Trump to leave the country," the Sena said.

The Uddhav Thackeray-led party also questioned the timing of the riots, which are occurring days after the results of the Delhi assembly polls.

"It is mysterious that the violence broke out days after the BJP lost the Delhi assembly elections. The BJP lost and now this is the condition of Delhi," the Sena said.

The Uddhav Thackeray-led party, a former ally of the BJP, now shares power in Maharashtra with the NCP and the Congress.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
August 6,2020

New Delhi, Aug 6 : With a single-day spike of 56,282 new COVID-19 cases and 904 deaths in the last 24 hours, India's COVID-19 tally reached 19,64,537 on Thursday.

With the increase of 904 deaths, the toll due to the disease now stands at 40,699 in the country, according to the Union Ministry of Health and Family Welfare (MoHFW).

The COVID-19 count includes 5,95,501 active cases and 13,28,337 cured/discharged/migrated patients.

Meanwhile, as per the MoHFW, the percentage of discharged patients stands at 67.62, while the active cases are at 30.31 in the country as of today.

The deaths reported due to the infection are currently at a little above two per cent of the total confirmed cases in the country.

Maharashtra with 1,46,268 active cases and 3,05,521 cured and discharged patients continues to be the worst affected. The state has also reported 16,476 deaths due to the infection.

Tamil Nadu has 54,184 active cases while 2,14,815 patients have been discharged after treatment in the state. 4,461 deaths have been reported due to COVID-19 in the state.

Andhra Pradesh with 80,426 active cases is the third on the list. There are 1,04,354 cured and discharged patients and 1,681 deaths reported from the state.

The national capital's active cases tally once again crossed the 10-thousand mark with 175 new cases being reported. Delhi now has 10,072 active cases and 1,26,116 cured and discharged patients. 4,044 people have lost their lives due to the disease in the Union Territory so far.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.