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
March 25,2020

Chennai, Mar 25: Tamil Nadu reported its first Covid-19 death at the Rajaji Government Hospital in Madurai this morning. The 54-year-old man from Madurai had no history of travel to any coronavirus-affected state or country.

However, he did have contact with two Thai nationals who had tested positive for Covid-19 and are undergoing treatment in isolation in Erode.

"Despite our best efforts, the #COVID-19 +ve Pt at MDU, #RajajiHospital, passed away few minutes back. He had medical history of prolonged illness with steroid-dependent COPD, uncontrolled Diabetes with Hypertension,” Tamil Nadu health minister C. Vijayabaskar tweeted.

The patient tested positive for the coronavirus on March 23. Yesterday the minister had disclosed that the patient had not responded well to treatment due to his medical condition. “He has a medical history of prolonged illness with steroid dependent COPD, uncontrolled diabetes with hypertension,” he said.

As of Wednesday morning, the total number of Covid-19 infected patients in Tamil Nadu was 18, including one patient who has recovered.

The latest patients include a 65-year-old man who returned from New Zealand and is currently in isolation at a private hospital, a 55-year-old woman from Saidapet who is currently in quarantine Kilpauk Medical College Hospital, and a 25-year-old who returned from London and is undergoing treatment at the Rajiv Gandhi Government General Hospital.

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News Network
February 9,2020

New Delhi, Feb 8: Arvind Kejriwal is set to return as Delhi chief minister and his Aam Aadmi Party (AAP) will virtually sweep the assembly elections, exit polls predicted Saturday.

As polling came to a close at 6 pm, with the Election Commission of India (ECI) projecting a voter turnout at 60.24% (as of 9:50 pm), a poll of polls covering 10 exit polls gave 52 seats to AAP, 17 to the Bharatiya Janata Party and one to the Indian National Congress.

The polls, which are sample surveys conducted among voters exiting polling booths, signalled that the Delhi voter responded to AAP’s campaign that focused on “kaam”, or getting work done.

Kejriwal, a former civil servant and activist who stormed into electoral politics with an anti-corruption campaign in 2013, led a campaign focusing on the development work his government did in Delhi, especially in education and healthcare, as well as sops such as lower electricity bills and free bus rides for women.

The exit polls gave AAP between 47 and 68 seats in the 70-member Assembly.

They predicted an absolute rout for Congress, which ruled Delhi for three terms between 1998 and 2013. The maximum seats to AAP were given by India Today TV-Axis exit poll, which predicted 59-68 seats for the party, while giving 2-11 for the BJP and none to the Congress.

If these figures hold, the results will come as a disappointment for the BJP, which had hoped its sweep in the Lok Sabha elections in 2019 would reflect in the assembly polls.

Delhi’s voter turnout saw a sharp fall over the 2015 elections. According to the Election Commission of India, voter turnout till 9 pm was projected at 60.24% — lower than 67.12% in 2015.

Traditionally, a lower voter turnout is read as a vote for the incumbent.

The voter turnout in Delhi has been similar during the Congress regime under Sheila Dikshit, when she won consecutive terms. In 2003, when Delhi voted a second time for the Dikshit government, the voter turnout was 53.42%, and a comparable 57.58% was the turnout in 2008.

Later, in two consecutive elections — 2013 and 2015 — voters turned out in big numbers to vote Dikshit out of power. In 2013, 65.63% of Delhi turned out and the percentage increased further to 67.12% in 2015.

Across constituencies, Matia Mahal in Central Delhi registered the highest voter turnout of 68.36%, whereas Bawana assembly constituency in North district saw the lowest turnout at 41.95%. Among districts, North East district registered the highest (62.75%) voter turnout, while the lowest turnout was recorded in South East district (54.15%), according to the ECI app.

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Agencies
March 22,2020

New Delhi, Mar 22: The central government on Sunday decided to suspend all metro train services across the country till March 31 in view of coronavirus outbreak.

In a message to managing directors of all metro train corporations, Union Housing and Urban Affairs Secretary Durga Shanker Mishra said this is being done in continuation of suspending metro services during 'Janta Curfew'.

"In view of the current global pandemic of this Corona Virus & for containing its further spread through inter-personal proximity, it has been decided to close down metro rail services on all operational networks across the country till 31 March 2020," Mishra tweeted.

In another tweet, he said by the act of social distancing, people can protect themselves and their dear ones, and win the fight against COVID-19.

India reported three more coronavirus deaths on Sunday, including the first casualty from Bihar, taking the toll to seven and the number of COVID-19 cases rose to 341, officials said.

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