Supreme Court rules Right to Privacy as Fundamental Right

Agencies
August 24, 2017

New Delhi, Aug 24: In a landmark judgement that will impact the lives of all 134 crore Indians and may give a massive jolt to government's Aadhaar push, a nine-judge Supreme Court bench today said Right to Privacy is a Fundamental right.

Delivering a unanimous verdict, Supreme Court overruled eight-judge bench judgment in MP Sharma case and six-judge bench judgment in Kharak Singh case -- both of which had ruled that privacy is not a Fundamental Right.

Supreme Court said Right to Privacy is intrinsic to Right to Life granted under Article 21 of the Constitution.

However, the court has not ruled on the validity of sharing information under Aadhaar today. Now a five-judge bench of the apex court will test the validity of Aadhaar from the aspect of privacy as a Fundamental Right.

The contentious issue had emerged when the apex court was dealing with a batch of petitions challenging the government's move to make biometric-based Aadhaar mandatory for availing the benefits of various social welfare schemes.

The Chief Justice JS Khehar-headed Constitution bench had reserved its verdict on August 2 after hearing marathon arguments for six days over a period of three weeks.

While reserving the verdict on August 2, the bench had voiced concern over the possible misuse of personal information in the public domain and said that protection of the concept of privacy in the all-pervading technological era was a "losing battle".

However, during the arguments, the bench had on July 19 observed that the right to privacy cannot be an absolute right and the state may have some power to put reasonable restrictions.

Acknowledging the challenge involved, Justice Chandrachud, on the last day of hearing, tentatively outlined a proposal -a three-tier, graded fundamental right status to privacy.

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Agencies
June 20,2020

New Delhi, Jun 20: After Prime Minister Narendra Modi said there are no foreign incursions into India, China has once again claimed that Galwan valley of Ladakh union territory is located on the Chinese side of the Line of Actual Control (LAC).

In an official statement on the step-by-step account of the Galwan face-off where 20 Indian soldiers were killed, China's foreign ministry spokesperson Zhao Lijian has said the Galwan valley is located on the Chinese side of the LAC in the west section of the China-India boundary.

"For many years, the Chinese border troops have been patrolling and on duty in this region," Zhao said alleging that since April this year, the Indian border troops have unilaterally and continuously built roads, bridges and other facilities at the LAC in the Galwan Valley.

China has lodged representations and protests on multiple occasions but India has gone even further to cross the LAC and make provocations, Zhao said.

By the early morning of May 6, the Indian border troops, who had crossed the LAC by night and trespassed into China's territory, built fortification and barricades, which impeded the patrol of Chinese border troops, Zhao said adding that they deliberately made provocations in an attempt to unilaterally change the status quo of control and management.

The Chinese border troops, he said, were "forced to take necessary measures to respond to the situation on the ground and strengthen management and control in the border areas."

In order to ease the situation, China and India have stayed in close communication through military and diplomatic channels, he said. "In response to the strong demand of the Chinese side, India agreed to withdraw the personnel who crossed the LAC and demolish the facilities, and so they did.

On June 6, the border troops of both countries held a commander-level meeting and reached consensus on easing the situation. The Indian side, he said, promised that they would not cross the estuary of the Galwan river to patrol and build facilities and the two sides would discuss and decide phased withdrawal of troops through the meetings between commanders on the ground.

"Shockingly, on the evening of June 15, India's front-line troops, in violation of the agreement reached at the commander-level meeting, once again crossed the Line of Actual Control for deliberate provocation when the situation in the Galwan Valley was already easing, and even violently attacked the Chinese officers and soldiers who went there for negotiation, thus triggering fierce physical conflicts and causing casualties."

"The adventurous acts of the Indian army have seriously undermined the stability of the border areas, threatened the lives of Chinese personnel, violated the agreements reached between the two countries on the border issue, and breached the basic norms governing international relations," the spokesperson said.

Beijing, he said, hopes that India will work with China, follow faithfully the important consensus reached between the two leaders, abide by the agreements reached between the two governments, and strengthen communication and coordination on properly managing the current situation through diplomatic and military channels, and jointly uphold peace and stability in the border areas.

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News Network
July 25,2020

New Delhi, Jul 25: Congress leader Rahul Gandhi on Saturday accused the government of benefitting by making profits during the coronavirus-induced lockdown when people were in trouble.

He tagged a news report that claimed the Indian Railways was making profit by running 'Shramik trains' for transporting migrants during the pandemic.

"There are clouds of disease and people are in trouble, but one seeks to benefit -- this anti-people government is converting a disaster into profits and is earning," he said in a tweet in Hindi.

The news report claimed that the railways made a profit of Rs 428 crore by running Shramik special trains during the lockdown that transported migrants to their native places.

In another tweet, he lauded the efforts of the Himachal government in conducting a survey to select 'one district, one product', saying he had suggested this sometime back.

"This is a good idea. I had suggested it some time back. Its implementation will need a complete change of mindset," he said on Twitter.

He also tagged a report that stated the state Industries Department is conducting a baseline survey in all districts to select one district, one product for centrally-sponsored Micro and Small Enterprises Cluster Development Programme (MSE-CDP). 

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Agencies
July 30,2020

Mumbai, Jul 30: Counterfeiting incidents have increased 24 per cent in the country in 2019 over the previous year, creating an over Rs 1 lakh crore hole in the economy, according to a report.

The report also said counterfeiters are having a free run due to the pandemic-driven disruptions to organised supply chains and the resultant spike in consumer demand.

According to the report by ASPA, a self-regulated industry body of anti-counterfeiting and traceability solutions providers, counterfeiting has risen steadily in the last few years, and exploiting the pandemic as a cover for their activities.

Between February and April 2020, over 150 incidents of counterfeiting cases were reported, mostly about fake PPE kits, sanitisers and masks taking advantage of the high demand for these products, it noted.

"There was a 24 per cent increase in counterfeiting in 2019 over 2018, leading to the loss of more than Rs 1 lakh crore to the overall economy," said Nakul Pasricha, president of Authentication Solution Providers Association.

The association works with global authorities like the International Hologram Manufacturers Association, Counterfeit Intelligence Bureau of the Interpol, and domestic industry lobbies like Ficci, he said.

Counterfeiting is a universal issue and is 3.3 per cent of global trade, according to the OECD data, impacting social and economic development across the world.

The report lists the currency, FMCG, alcohol, pharma, documents, agriculture, infrastructure, automotive, tobacco, lifestyle and apparel, as the 10 sectors impacted most by counterfeiting.

Among these, currency, alcohol and FMCG continue to be the top three sectors with the highest counterfeiting in the last two years. The FMCG sector is most vulnerable, as counterfeit incidents rose 63 per cent between 2018 (79) and 2019 when the reported cases jumped to 129.

Within the states, the fakers have a free run in Uttar Pradesh, Bihar, Rajasthan, Madhya Pradesh, Bengal, Punjab, Jharkhand, Delhi, Gujarat, and Uttarakhand, calling for urgent actions to frame anti-counterfeiting policy measures.

According to the report, UP continues to be on top followed by Bihar, Rajasthan, and together these three states represent almost 45 per cent of all counterfeiting reported in the last two years.

What is more alarming is that counterfeiting is not limited to high-end luxury items today, as common everyday items as fake cumin seeds, mustard cooking oil, ghee, hair oils, soaps, baby care vaccines and medicines are aplenty in the markets.

"There is an urgent need for building and nurturing authentication ecosystems in the country with the active involvement and active participation of all stakeholders," said Pasricha.

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