Right to privacy can't be elevated as fundamental right, Centre tells SC

Agencies
July 26, 2017

New Delhi, Jul 26: The Union Government on Wednesday maintained before the Supreme Court that right to privacy cannot be elevated to as a fundamental right. It cannot be read into right to life and liberty.aadhar

"Right to privacy was omitted from being mentioned in the Constitution, though it was debated in the Constituent Assembly," Attorney General K K Venugopal submitted before a nine-judge bench presided over by Chief Justice J S Khehar.

Opening the Centre's arguments, he said even the right to life and liberty guaranteed as a fundamental right is not absolute and can be taken away by the state under the procedure established by law like in case of death penalty and incarceration for life. The procedure has to be "just, fair and reasonable" as enjoined under the Maneka Gandhi case, he said.

At the outset, as many as five states including Karnataka sought to intervene into the matter, supporting a group of Aadhaar challengers. They sought a declaration from the top court that the right to privacy is a fundamental right.

In his arguments, Venugopal submitted nobody can object to if the Supreme Court decided to expand the scope of Article 21 to include right to privacy but it was his duty to place relevant materials which did not support such a demand.

He submitted it can't be anybody's plea that he won't give his biometrics, address, telephone number, identity details etc to the state as right to privacy is elevated as a fundamental right.

In a country with 270 million people living below poverty line, Aadhaar has come as a great tool to prevent diversion of funds, meant for the welfare of poor people.

He said a recent World Bank report stated that Aadhaar is something which every developing country should adopt.

Earlier, senior advocate Kapil Sibal, representing Karnataka, West Bengal, Punjab and Puducherry, submitted that the right to privacy is inalineable natural right which finds its manifestation in different parts of the Constitution. He said in the present age, technology has become all-pervasive as well as all-invasive. It has to be ensured that precincts of my house is not invaded, he said.

Congress-ruled Himachal Pradesh also supported Sibal.

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News Network
January 21,2020

Lucknow, Jan 21: Defending his brainchild, the Citizenship Amendment Act (CAA), Union home minister Amit Shah on Tuesday said the new law will not be scrapped despite the countrywide protests against it.

Addressing a rally here to drum up support for the CAA, Shah also declared that construction of a Ram temple "touching the skies" in Ayodhya will begin within three months.

He said there is no provision in the amended law for taking anyone's citizenship away. "A canard is being spread against the CAA by the Congress, SP, BSP, and Trinamool Congress. The CAA is a law to grant citizenship," he added.

"I want to say that irrespective of the protests this will not be withdrawn," he added.

Shah challenged Congress leaders to hold a discussion with him on CAA at a public forum.

He named Congress leader Rahul Gandhi, Samajwadi Party's Akhilesh Yadav, Bahujan Samaj Party's Mayawati and TMC chief Mamata Banerjee while throwing the "challenge".

Congress has become blind due to vote bank politics,"he said. He also blamed the Congress for Partition.

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News Network
June 30,2020

New Delhi, Jun 30: In a huge blow to popular apps such as TikTok, the Indian government has banned as many as 59 apps that are owned by Chinese companies. The latest announcement comes close on the heels of a rumour of the same, which was termed a hoax by the government. A press release by the Ministry of Electronics and Information Technology has listed 59 apps that will be blocked on internet and non-internet served devices in India, citing reasons that these apps "are engaged in activities prejudicial to sovereignty and integrity of India, defence of India, the security of state and public order."

Government of India's orders follow the tensions rampant at the Indo-China border after some Indian soldiers were martyred at the Galwan river valley. Ever since the incident, there has been an uproar on social media urging boycott of anything that is related to China, including smartphone brands and apps. While there has been no announcement for the Chinese smartphone brands, the government has immediately blocked as many as 59 apps in India. This means they will not function in India, in addition to their discontinuation on both Google Play Store and App Store at large.

Here are the 59 Chinese apps that have been blocked by the Indian government:

1.            TikTok

2.            Shareit

3.            Kwai

4.            UC Browser

5.            Baidu map

6.            Shein

7.            Clash of Kings

8.            DU battery saver

9.            Helo

10.          Likee

11.          YouCam makeup

12.          Mi Community

13.          CM Brower

14.          Virus Cleaner

15.          APUS Browser

16.          ROMWE

17.          Club Factory

18.          Newsdog

19.          Beauty Plus

20.          WeChat

21.          UC News

22.          QQ Mail

23.          Weibo

24.          Xender

25.          QQ Music

26.          QQ Newsfeed

27.          Bigo Live

28.          SelfieCity

29.          Mail Master

30.          Parallel Space

31.          Mi Video Call - Xiaomi

32.          WeSync

33.          ES File Explorer

34.          Viva Video - QU Video Inc

35.          Meitu

36.          Vigo Video

37.          New Video Status

38.          DU Recorder

39.          Vault- Hide

40.          Cache Cleaner DU App studio

41.          DU Cleaner

42.          DU Browser

43.          Hago Play With New Friends

44.          Cam Scanner

45.          Clean Master - Cheetah Mobile

46.          Wonder Camera

47.          Photo Wonder

48.          QQ Player

49.          We Meet

50.          Sweet Selfie

51.          Baidu Translate

52.          Vmate

53.          QQ International

54.          QQ Security Center

55.          QQ Launcher

56.          U Video

57.          V fly Status Video

58.          Mobile Legends

59.          DU Privacy

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News Network
May 25,2020

New Delhi, May 25: Realtors' apex body CREDAI has written a letter to Prime Minister Narendra Modi, seeking immediate relief measures to tide over the crisis caused by the COVID-19 pandemic.

The association, which has around 15,000 developer members, has sought one-time debt restructuring, lower interest rate on home loans and tax sops to boost liquidity and demand in the sector.

In an open letter to the prime minister, the Confederation of Real Estate Developers' Associations of India (CREDAI) said, "In this distressful situation arising out of the COVID-19 calamity, we in the real estate sector seek immediate relief for our survival."

Stating that the sector contributes substantially to the country's GDP and has backward and forward linkages with almost 250 industries, CREDAI said, "Our survival, therefore, is not just desirable, it is rather crucial for the economy."

Liquidity crunch, stagnant demand and cartelization of raw materials are major impediments for the industry to kickstart, it added.

CREDAI made seven recommendations to revive the sector and sought immediate intervention from the prime minister.

Pointing out that the situation is "much worse" than global financial crisis in 2008, CREDAI said "a one-time restructuring scheme as was permitted by RBI in 2008 may be quickly instituted by all lending institutions."

Since real estate was already reeling under a cyclical downturn before COVID-19, debt restructuring needs to be allowed for all accounts which were standard as on December 31, 2019, it added.

CREDAI demanded that all banks, non-banking financial companies (NBFCs) and housing finance companies (HFCs) should be directed to provide additional credit equal to 20 per cent of the existing real estate project related advances with no additional security and without the classification of project as NPA.

The penal interest charged by banks and financial institutions should be suspended for a period of one year or until such time as it takes for the pandemic to abate.

To revive housing demand, CREDAI suggested that "government should reduce the maximum rate of interest on new home loans to 5 per cent by subsidizing the interest component of EMIs for next five years."

The limit of principal deduction on housing loan under Section 80C should be increased to 2.5 lakh.

Interest deduction under Section 24 on housing loan for homebuyers may be increased to Rs 10 lakh, it said.

There should be no capital gains for residential properties held for a period longer than one year.

CREDAI also demanded that the subvention scheme be allowed again by National Housing Bank (NHB) and the Reserve Bank.

Under the scheme, builders used to pay EMIs on behalf of homebuyers during construction of projects.

"The economic uncertainty and job insecurity at the moment would not allow purchase of residential property at this time. A scheme whereby a homebuyer would need to pay only margin money with no EMI for 24 months will address this insecurity," the letter said.

The association pointed out that prices of cement and steel have been increased during the lockdown period, and asked for crackdown on cartelisation by manufacturers.

On the GST front, CREDAI said that the current regime of GST provides a rate of 1 per cent  for affordable housing.

"The limit of Rs 45 lakh serves as a criterion of affordability for the purpose of GST. On all other housing, GST is applied at the rate of 5 per cent without input tax credit. It has been felt that the criterion of Rs 45 lakh is too low an index of affordability anywhere across the country, and especially so in the metros," the letter said.

It will serve as an inducement to buyers in the metros if the benefit of GST at the rate of 1 per cent is extended to units costing up to Rs 75 lakh, the association said.

CREDAI pointed out that the flat rate of 5 per cent GST for under construction residential housing is causing cost build up and is acting as a deterrent for sale of under construction projects since there is no GST on completed units.

It suggested that GST rate of 1 per cent and 5 per cent, without input tax credit, should continue.

"However, an option of GST @12 per cent for normal housing/ 8 per cent for affordable housing (with 1/3rd deduction for land i.e. effective GST rate of 8 per cent for normal housing and effective GST rate of 5 per cent for affordable housing) with input tax credit (ITC) benefits in line with the scheme applicable for the works contracts for government may be revived and made applicable to the real estate," the letter said.

Lastly, CREDAI demanded that a Rs 25,000 crore stress fund for completing stalled housing projects should be deployed at the earliest.

"We shall be grateful for your much-needed intervention for the above mentioned measures required to revive the real estate sector," CREDAI said in the letter to the PM.

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