Nine-judge Supreme Court bench begins hearing on right to privacy

Agencies
July 19, 2017

New Delhi, Jul 19: A nine-judge Constitution bench of the Supreme Court on Wednesday began hearing arguments to determine whether the right to privacy is a fundamental right under the Constitution. Senior advocate Gopal Subramanium initiated the hearing before the bench headed by Chief Justice J S Khehar saying that the rights to life and liberty are pre-existing natural rights.Ninejudge

The nine-judge bench also comprises Justices J Chelameswar, S A Bobde, R K Agrawal, Rohinton Fali Nariman, Abhay Manohar Sapre, D Y Chandrachud, Sanjay Kishan Kaul and S Abdul Nazeer. The bench is dealing with the limited issue of right to privacy and matters challenging the Aadhaar scheme would be referred back to a smaller bench.

There are some preambular values which are to be read with fundamental rights, Subramanium said. The preamble has multiplicity of expressions which include some from American Constitution and some from continental countries, he added.

“Liberty is the fundamental value of our Constitution. Life and liberty are natural existing rights which our Constitution has. Now can liberty be at all experienced without privacy. Can liberty be exercised without privacy at least with regard to all the Fundamental Rights of the Constitution,” he said.

The hearing is in progress. The apex court had on Tuesday set up the Constitution bench after the matter was referred to a larger bench by a five-judge bench.

The five-judge Constitution bench headed by the CJI, which was to deal with pleas challenging the validity of the Aadhaar scheme and the right to privacy attached to it, was faced with the two past verdicts, delivered in 1950 and 1962 by larger benches, holding that the right to privacy was not a fundamental right.

The apex court had said the nine-judge bench would deal with the limited issue of right to privacy and the correctness of the two judgements.

A three-judge bench had in 2015 referred to a larger bench a batch of pleas, including the one filed by Justice (retd) K S Puttaswamy, challenging the validity of the Aadhaar scheme and the aspect of right to privacy attached to it.

The apex court had agreed to set up a bench on July 12 to deal with Aadhaar-related matters after the attorney general and senior advocate Shyam Divan, appearing for petitioners, had jointly mentioned the matter.

The petitioners had claimed that collection and sharing of biometric information, as required under the scheme, was a breach of the “fundamental” right to privacy.

Allowing the Centre’s plea, the court had framed various questions, including whether right to privacy was a fundamental right, to be decided by a Constitution bench.

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News Network
January 12,2020

Bengaluru, Jan 12: Protesters plan to intensify their anti-Citizenship (Amendment) Act movement from sit-down satyagrahas and rallies to street and door-to-door campaigns in different parts of the city.

The street campaigns began on January 1 with 20-30 volunteers of Hum Bharat Ke Log, reaching out to people in Koramangala and Whitefield and explaining the CAA, National Population Register (NPR), National Register of Citizens (NRC) and related issues. They have organised four campaigns.

According to Zia Nomani, member of Hum Bharat Ke Log, the campaign will intensify soon. “Over 200-400 volunteers will organise nukkad sabhas and other activities around JP Nagar and Banashankari,” Nomani said.

She added that though protests began as a medium for people to vent their concerns, more needs to be done.

“We have realised that many people have begun working on their personal documents and want to help them understand what CAA is all about,” Nomani said.

Volunteers will talk to people at street junctions, discuss issues and run signature campaigns. They say: “Our movement is focussed on reaching out to people. Pro-CAA workers too started a door-to-door campaign last week.”

Avani Chokshi, an advocate who participated in a campaign, said though people had a cursory idea about these issues, they didn’t know the details. “It through such campaigns that we can reach more people. It’s important to talk to people who haven’t made up their mind about the issues or are even pro-CAA,” said Avani, adding, “It hard to combat hatred in a short span of time. The movement needs to be sustained.”

Activist Geeta Menon, who has been at the forefront of the street campaign, says they were heckled at some places.

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News Network
February 1,2020

Bengaluru, Feb 1: The police have arrested two miscreants belonging to a saffron outfit after they threatened students in the city who were protesting the firing incident near Delhi’s Jamia Millia Islamia, telling them they would meet the same fate as the injured student.

Saffron extremist Gopal Sharma had opened fire at students protesting the Citizenship (Amendment) Act near the Delhi varsity on Thursday, injuring one.

The Bengaluru incident took place at Maurya Circle, where the nightlong demonstration against the Jamia firing and CAA began around 7.30pm. By 11pm, the number of protesters reduced to 30 but the group decided to stay back after getting the news of another alleged attack on women and Jamia students by Delhi police.

According to Adrian, a student who was at the scene, the small group of protesters stayed within a barricaded area on the road, chanting slogans, singing patriotic songs and playing music. “While we were raising anti-CAA slogans, two men from among us began shouting pro-CAA slogans. The duo was unknown and when we looked at them, they quietly moved away,” said Adrian, adding they were drunk and returned after a few minutes.

Saqib Idrees, another student protester, said the duo began to issue verbal threats. “They threatened us in Kannada that they would repeat the Jamia incident in Bengaluru,” said Saqib, adding the duo also taunted them saying ‘it’s not CAA down down, but you all will be brought down’.

When the students questioned the miscreants, cops stationed at the spot detained the duo. “Police were very cooperative. Almost 20 personnel were with us till 5am,” said Saqib.

Meanwhile, a friend of the duo watched the drama from a distance and approached the protesters to apologise on their behalf. “He said they belonged to the working class and FIRs would destroy their lives. He apologised to us and we decided to let the matter go. After all, we are Gandhians,” added Saqib.

Adrian said though the two men were drunk, their threats exposed their ideology. After the duo was detained, the students continued their protest till 5am and dispersed after singing the national anthem.

According to High Grounds police, the men are bank employees and were detained for disturbing the protesters at Maurya Junction. “They are from Andhra Pradesh and work in a PSU bank in the city. One of them is set to get married in February. He had thrown a party for his other friends for the same reason. The duo was drunk when confronted by the protesters. We booked a case of public nuisance and let them off after a warning,” police said.

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News Network
March 29,2020

New Delhi, Mar 29: "What corona? My children are hungry, they have walked from Gurugram with me do you think corona is what I fear?," Yogesh Gangwar who is salesman in a cloth showroom said as he wiped his tears.

Many others regret for not leaving the city early on.

"God knows when we will reach our hometown. My family was telling me to leave work early in March and get back, but I avoided suggestions and now I am stranded here," Babu Ram who hails from Rampur and works at a plastic recycling factory here in Mundka told media.

Migrant labourers were forced to walk as the public transport were closed and borders were sealed due to the lockdown.

"There is no food to eat, I cannot pay rent of room without my daily wages so I decided to walk with my family from Narela to here. I just hope I get a bus soon," Revati, who works as construction labour said as she fed her three-year-old with pieces of bread that one of the policemen at Anand Vihar gave her.

However, when Yogi Adityanath-led BJP government in Uttar Pradesh decided to deploy around 1,000 buses to help these workers reach their respective hometowns, thousands of them reached Anand Vihar ISBT with a hope to catch one of these buses.

The Delhi government also announced that 100 buses have been deployed to help those trying to reach to their homes in other states on foot.

In order to avoid the spread of the virus, the police asked the people to stand in three queues and also asked the people to de-board the overcrowded buses.

Earlier, budget passenger carrier SpiceJet had offered its aircraft to operate few flights from Delhi and Mumbai to Patna to take migrant labourers, particularly from Bihar, who have got stuck in various parts of the country due to COVID-19 related lockdown.

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