Aadhar will be 'optional' for availing various govt schemes: Supreme Court

August 11, 2015

New Delhi, Aug 11: Aadhar card will be optional for availing various welfare schemes of the government, the Supreme Court today said and ordered that no personal information of the holders of such cards shall be shared by any authority.

aadharA three-judge bench, which in the forenoon referred to a larger Constitution Bench a batch of petitions challenging the Aadhar scheme and the issue whether right to privacy is a fundamental right, recorded the statement of Attorney General Mukul Rohatgi that "no personal information of Aadhar card shall be shared by any authority".

The bench, headed by Justice J Chelameswar, which issued a slew of directions, said the Centre shall give wide publicity through electronic and print media that the card is not mandatory to avail the government schemes.

The bench, also comprising Justices S A Bobde and C Nagappan, said, "UIDAI/Aadhar will not be used for any other purposes except PDS, kerosene and LPG distribution system." However, the court made it clear that even for PDS, kerosene and LPG distribution system, the card will not be mandatory.

It directed that the information received by UIDAI shall not be used for any other purposes, except in criminal investigation with the permission of the court.

The court did not allow the interim plea of petitioners, challenging Aadhar scheme, that the ongoing enrolment process for the Aadhar card be stayed.

Earlier in the day, the apex court had referred to a Constitution Bench the batch of petitions challenging the Centre's Aadhar card scheme and decide whether right to privacy is a fundamental right.

Allowing the Centre's plea, the court framed various questions, including as to whether right to privacy is a fundamental right, to be decided by a Constitution Bench.

"If yes, then what would be contours of the right to privacy," the apex court said while referring the matter to Chief Justice H L Dattu for setting up the larger bench.

Attorney General Rohatgi, appearing for the Centre, had earlier said that the matter requires elaborate debate and an authoritative pronouncement is needed in view of the fact that there have been inconsistent decisions as to whether right to privacy is a fundamental right.

He had cited two judgments, pronounced by six and eight- judge benches, which had held that right to privacy is not a fundamental right.

Subsequently, smaller benches had held a contrary view and, hence this matter needed to be decided by a larger bench, he had said.

"Whether right to privacy is a fundamental right guaranteed under Part III of the Constitution of India, in the light of express ratio to the contrary by an eight-judge bench in M P Sharma case and also by a six-judge bench of this court in Kharak Singh's case" has to be decided, Rohtagi had said.

The Centre had sought transfer of the pleas against Aadhar to a larger bench, saying that a two-judge or a three- judge bench cannot decide it. Referring to pronouncements made in historic cases like A K Gopalan, Maneka Gandhi and bank nationalisation, the top law officer had said that inconsistencies with regard to interpretation of certain fundamental rights can only be "squared up" by a larger bench

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News Network
June 9,2020

Jun 9: Prime Minister Narendra Modi wants all 1.3 billion Indians to be “vocal for local” — meaning, to not just use domestically made products but also to promote them. As an overseas citizen living in Hong Kong, I’m doing my bit by very vocally demanding Indian mangoes on every trip to the grocery. But half the summer is gone, and not a single slice so far.

My loss is due to India’s COVID-19 lockdown, which has severely pinched logistics, a perennial challenge in the huge, infrastructure-starved country. But more worrying than the disruption is the fruity political response to it. Rather than being a wake-up call for fixing supply chains, the pandemic seems to be putting India on an isolationist course. Why?

Granted that the liberal view that trade is good and autarky bad isn’t exactly fashionable anywhere right now. What makes India’s lurch troublesome is that the pace and direction of economic nationalism may be set by domestic business interests. The Indian liberals, many of whom are Western-trained academics, authors and — at least until a few years ago — policy makers, want a more competitive economy. They will be powerless to prevent the slide.

Modi’s call for a self-reliant India has been echoed by Home Minister Amit Shah, the cabinet’s unofficial No. 2, in a television interview. If Indians don’t buy foreign-made goods, the economy will see a jump, he said. The strategy — although it’s too nebulous yet to call it that — has a geopolitical element. A military standoff with China is under way, apparently triggered by India’s completion of a road and bridge near the common border in the tense Himalayan region of Ladakh. It’s very expensive to fight even a limited war there. With India’s economy flattened by COVID, New Delhi may be looking for ways to restore the status quo and send Beijing a signal.

Economic boycotts, such as Chinese consumers’ rejection of Japanese goods over territorial disputes in the East China Sea, are well understood as statecraft. In these times, it’s not even necessary to name an enemy. An undercurrent of popular anger against China, the source of both the virus and India’s biggest bilateral trade deficit, is supposed to do the job. But is it ever that easy?

A hastily introduced policy to stock only local goods in police and paramilitary canteens became a farcical exercise after the list of banned items ended up including products by the local units of Colgate-Palmolive Co., Nestle SA, and Unilever NV, which have had significant Indian operations for between 60 and 90 years, as well as Dabur India Ltd., a New Delhi-based maker of Ayurveda brands. The since-withdrawn list demonstrates the practical difficulty of bureaucrats trying to find things in a globalized world that are 100% indigenous.

Free-trade champions fret that the prime minister, whom they saw as being on their side six years ago, is acting against their advice to dismantle statist controls on land, labor and capital to help make the country more competitive. Engage with the world more, not less, they caution. But Modi also has to satisfy the Rashtriya Swayamsevak Sangh, the umbrella Hindu organisation that gets him votes. Its backbone of small traders, builders and businessmen — the RSS admits only men — was losing patience with the anemic economy even before the pandemic. Now, they’re in deep trouble, because India’s broken financial system won’t deliver even state-guaranteed loans to them.

The U.S.-China tensions — over trade, intellectual property, COVID responsibility and Hong Kong’s autonomy — offer a perfect backdrop. A dire domestic economy and trouble at the border provide the foreground. Big business will dial economic nationalism up and down to hit a trifecta of goals: Block competition from the People's Republic; make Western rivals fall in line and do joint ventures; and tap deep overseas capital markets. The first goal is being achieved with newly placed restrictions on investment from any country that shares a land border with India. The second aim is to be realized by corporate lobbying to influence India's whimsical economic policies. As for the third objective, with the regulatory environment becoming tougher for U.S.-listed Chinese companies like Alibaba Group Holding Ltd., an opportunity may open up for Indian firms.

All this may bring India Shenzhen-style enclaves of manufacturing and trade, but it will concentrate economic power in fewer hands, something that worries liberals. They’re moved by the suffering of India’s low-wage workers, who have borne the brunt of the COVID shutdown. But when their vision of a more just society and fairer income distribution prompts them to make common cause with the ideological Left, they’re quickly repelled by the Marxist voodoo that all cash, property, bonds and real estate held by citizens or within the nation “must be treated as national resources available during this crisis.” Who will invest in a country that does that instead of just printing money?

At the same time, when liberals look to the business class, they see a sudden swelling of support for ideas like a universal basic income. They wonder if this isn’t a ploy by industry to outsource part of the cost of labor to the taxpayer. Slogans like Modi’s vocal-for-local stir the pot and thicken the confusion. The value-conscious Indian consumer couldn’t give two hoots for calls to buy Indian, but large firms will know how to exploit economic nationalism. One day soon, I’ll get my mangoes — from them.

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News Network
April 9,2020

New Delhi, Apr 9: With an increase of 540 positive COVID-19 cases reported in the last 24 hours, India's tally of coronavirus cases has risen to 5,734, said the Ministry of Health and Family Welfare on Thursday.

Out of the 5,734 cases; 5,095 are active COVID-19 cases and 472 cases have been recovered/discharged and one case migrated.
The death toll has also risen to 166 after 17 new deaths were reported in the last 24 hours.

Maharashtra is the worst-hit state 1,135 positive cases so far and while Tamil Nadu is second with 738 positive cases. Delhi's tally has risen to 669 cases. 

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Agencies
January 5,2020

Bikaner, Jan 5: A government-run hospital in Bikaner saw the death of at least 162 children, higher than the number of deaths in Kota's JK Lon Hospital in December.

"In December, we received 2,219 children from different hospitals out of which 162 children died in the Intensive Care Unit here. None of them was born at the hospital," said Dr HS Kumar, Principal, Sardar Patel Medical College, PBM Hospital.

He, however, denied any negligence on the part of the hospital and said that all efforts were made to save every single life.

The official said that all the deceased children had taken birth at the Primary Healthcare Centres (PHC) and the Community Health Centres (CHC) and were referred to the PBM Hospital in a critical condition.

"Their condition was critical and they breathed their last during treatment," he said.

At least 110 children have lost their lives at JK Lon government hospital in Kota, Rajasthan.

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