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Aadhaar is a giant electronic mess, a serious threat, leads to a police state structure: Sr Advocate Divan to SC

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Aadhaar is a giant electronic mess, a serious threat, leads to a police state structure: Sr Advocate Divan to SC

Senior Advocate Shyam Divan on Wednesday (January 17) made a passionate plea to a Supreme Court constitution bench on why he thinks Aadhaar is not the best thing to have happened to India; in fact it is possibly a serious threat. He termed the entire Aadhaar programme a “giant electronic mess”.

In a speech that carried through most of the day (both before and after lunch), Divan told the bench of Chief Justice Dipak Misra and Justices A M Khanwilkar, Adarsh Kumar Sikri, D Y Chandrachud and Ashok Bhushan that Aadhaar has the potential to rob a person of his rights.

Divan was arguing on a petition by S G Vombatkere & Anr (vs Union of India & Ors. Respondents).

Before Divan, P Chidambaram had mentioned before the Chief Justice that Aadhaar had been passed as a money bill and he wanted to argue only on this aspect.

11.47 am: Divan started by saying: “There are so many regulations and notifications in this case. We have to consider them. There are so many circulars and notifications that have no connection with the main matter, but we have to look into them.”

11.51 am: The bench asked: “Are you going to challenge the Aadhaar programme first?”

Divan replied: “We have to make it clear what the purpose of the Aadhaar project is. This project came in 2009. We have to see if it constitutional or not. This project is a continuously growing project.

“We are challenging this project because of the collusion of a policy and technology. It is a giant electronic mess.”

12.00 pm: Divan also used the Kesavanand Bharti case to strengthen his case.

He said: “This project can track all the citizens and their activities. Firstly it was voluntary. The state issues a number which can be accessed by the government for tracking citizens and the state is empowered to switch it off.”

12.02 pm: He continued: “The constitution makes a balance between laws and life of citizens but the Aadhaar creates a mess between all this. Even banking is also connected, so the government can track our money expenditure and all.”

Then he listed some points such as:

– Tracking of banking and expenditure.

– Right to privacy.

– Identification of personal things like iris and fingerprints.

– Whether the Aadhaar database is secure or not for national security.

12.03 pm: Another writ petition was filed and tagged with the Aadhaar matter which refers issue of population census.

Divan continued: “Linking of Aadhaar with mobile services is also there which (the deadline) is extended till March 31.

“The iris and fingerprints are my personal identity and no one has the right to take it from me forcefully.

“On July 2, 2009 the chairman was appointed. The statute was not there at that time.”

12.08 pm: He also talked about the loopholes: “Fake Aadhaar numbers have also been generated. Several PILs were filed before the Supreme Court and this matter was transferred before constitutional bench.

“Adhaar is also used for LPG connections. The Jandhan Yojna is also linked with Aadhaar.”

12.09 pm: He pointed out that Aadhaar is voluntary so long as there was no judgment on it.

He said: “The E-KYC also came with linkage of Aadhaar. Re-verification has also come with all the existing mobile users for restricting money laundering.”

12.18 pm: There was more. He said: “S 139AA of the Income Tax Act is also connected with Aadhaar, so your bank accounts are connected, policies are connected mobiles are connected everything is connected with this.

“So the court passed an order saying linking Aadhaar with PAN is not mandatory. Even then the government said you cannot file your IT Returns without Aadhaar and PAN. Then the court saved the people from this.

“There are a large number of people who work on the field. Their rations are directly linked with Aadhaar. People are facing so much difficulty.”

12.21 pm: There were more issues, in the very collection process of the data itself, he pointed out. He said: “The biometrics are not being registered for a large number of people. And from age 15 to 18 the biometrics of a human being change. So how can it be possible to make it mandatory for those people?”

He also argued about linking Aadhaar with ration cards. He argued how someone living in a remote place can afford to get his or her ration if his or her ration card is yet to be linked to Aadhaar. That has been a long-standing issue that the government has refused to recognise. People have died because they have not been able to go to the fair price shop and give their finger prints, or could not because technical malfunctions.

12.40 pm: At this point Divan mentioned that there were Padmashree Award winners members of the national human rights committee among the petitioners. He also pointed out that there are some petitioners who worked with the group of people for national security.

12.50 pm: He continued: “They capture the fingerprints, facial and iris of individuals. These particular items are stored in the database.” He then pointed out the fallacy in this. “There are so many things which creates a bar while using these things, such as moisture, dust, tears in the eyes etc. in such cases you may be rejected. So the constitutional issue is, if I enjoy a right, where is the question of matching this?”

The hearings continued after lunch with Divan still speaking.

2.48 pm: He said: “Biometric is sensitive to everyone, like palm prints, voice etc. When you’re picking such sensitive information there should be a minimum governance. Biometrics is covered under no legislation. If we further go into the case, there is no governmental control over such gathering of sensitive information.

“Making Aadhaar mandatory at banks, work place etc. makes an individual vulnerable to surveillance. Aadhaar makes an individual tradable at all times. This is infringing his fundamental right. Electronic trail would be left with the Central government about information regarding the whereabouts of an individual. This would lead to aggregation of power. It leads to a police state structure. Is it even permissible to have such an architecture? It will soon become a surveillance society, the pace at which it is going on currently. Government, by transgression, is becoming dominating.”

3.01 pm: Then he hit at the heart of the matter: “Now we have a fundamental right to privacy, everything that happened between 2009 and 2016 should be nullified.

3.16 pm: The respondent (the government) in its  affidavit has submitted that Aadhaar gives people with no documentation an identity. About this Divan said: “Only 2,19,000 people registered in that particular category where Aadhaar was their first identity card.

3.43 pm: “Registrations were denied on technical grounds where biometrics of the people applying at a later stage were closely similar to people already registered. It is contended that such problems will grow as the number of registrations will create an anomalous situation.”

4pm: P Chidambaram came in with his arguments on the specific issue (the money bill) he wanted to talk about. He said: “Irregularity and illegality are two different things. If the Speaker certifies that a bill is a money bill then the Rajya Sabha becomes helpless.”

At that one of the counsels of the petitioner submitted: “No court should object if the speaker certifies, according to Parliament Act (UK) 1911.”

At that point the court was adjourned to Thursday.

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RSS not seeking political power, focused on uniting Hindu society, says Mohan Bhagwat

RSS chief Mohan Bhagwat said the organisation is not seeking political power but is focused on uniting Hindu society and promoting character-building during an interaction with athletes in Meerut.

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Mohan Bhagwat

Rashtriya Swayamsevak Sangh (RSS) chief Mohan Bhagwat on Friday said the organisation is not driven by any ambition for political power and is instead dedicated to uniting Hindu society and building individual character.

He made the remarks while interacting with nearly 950 national and international sportspersons at Madhav Kunj in Shatabdi Nagar, Meerut, as part of the RSS centenary outreach initiatives. According to participants present at the event, Bhagwat spoke for about 50 minutes and stressed the importance of social harmony and collective responsibility in nation-building.

Quoting Bhagwat, a participant said the RSS’ “sole objective is the organisation of the entire Hindu society and character-building of individuals,” adding that the organisation does not function in opposition to or competition with any specific group.

Emphasis on unity and cultural roots

Explaining his idea of India, Bhagwat said the nation goes beyond geographical boundaries and draws inspiration from figures such as Lord Ram, Lord Krishna, Lord Buddha, Lord Mahavira, Swami Vivekananda, Swami Dayanand and Mahatma Gandhi, participants said.

He reportedly stated that the term “Hindu” reflects unity in diversity rather than caste identity. Differences in modes of worship and deities, he said, do not weaken society as long as cultural harmony is preserved. He added that whenever social unity declined, the country faced crises.

The RSS chief outlined four foundational pillars of society — value inculcation, Sanatan culture, the spirit of dharma and adherence to truth — reiterating that the Sangh’s mission centres on strengthening society through individual development. Volunteers, he said, are active across various spheres of social life and prioritise national interest.

Sports as a tool for nation-building

Addressing the athletes, Bhagwat described sports as a powerful medium for bringing people together. He said nation-building is not the responsibility of any single organisation but of society as a whole.

Referring to Meerut’s historic role in the First War of Independence in 1857, he said the legacy later inspired Keshav Baliram Hedgewar to establish the Rashtriya Swayamsevak Sangh in 1925.

Bhagwat also shared five guiding principles for those interested in associating with the RSS — understanding the organisation from within, engaging with its affiliated bodies, supporting its programmes, maintaining dialogue and working selflessly for the nation. He also answered questions from athletes during the session.

Outreach events in Uttar Pradesh

Bhagwat is currently on a tour of Uttar Pradesh. Earlier, he attended a two-day outreach event in Lucknow on February 17 and 18 and had also visited Gorakhpur. During his stay in Lucknow, he briefly met Chief Minister Yogi Adityanath, while both deputy chief ministers called on him before he left for Meerut.

Arjuna Award-winning wrestler Alka Tomar described the programme as grand and praised the organisational efforts of RSS volunteers. She said sportspersons must contribute to nation-building and appreciated Bhagwat’s emphasis on working in the national interest.

Para Cricket Club of India player Surya Pratap Mishra of Bareilly, selected for a Sri Lanka tour, said Bhagwat assured support for para athletes to help them enhance the country’s pride. Kabaddi coach Pintu Malik from Shukratal in Muzaffarnagar termed the interaction inspiring, especially the message that players should support one another.

Bhagwat reached Meerut on Thursday night and held breakfast discussions on Friday with representatives from the sports and industry sectors. On Saturday, he is scheduled to interact with members of the intelligentsia, including representatives from education, industry, medicine, literature, art and trade. Entry to the event is restricted to invitees with passes issued by the RSS headquarters.

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BJP MLA Vungzagin Valte dies after prolonged battle with injuries from Manipur violence

Manipur BJP MLA Vungzagin Valte has died in Gurugram nearly two years after suffering severe injuries in the 2023 ethnic violence in Imphal.

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BJP MLA (1)

Manipur BJP MLA Vungzagin Valte, who had been battling severe injuries sustained during the outbreak of ethnic violence in May 2023, died at a hospital in Haryana’s Gurugram on Thursday.

Valte, a representative from the Thanlon assembly constituency in Churachandpur district, was attacked in Imphal when tensions between Meitei and Kuki-Zomi communities escalated into widespread clashes. The assault left him with critical head injuries that significantly affected his mobility and speech.

Long medical struggle after 2023 attack

Following the attack on May 4, 2023, Valte was admitted to a hospital in Delhi, where he spent several months in intensive care. According to his family, he suffered debilitating head trauma that left him wheelchair-bound and dependent on assistance for routine physical movements.

Despite prolonged treatment in the national capital for nearly two years, his health remained fragile. He later returned to Manipur, but complications linked to the injuries persisted.

Earlier this month, Valte complained of breathlessness and chest pain, prompting doctors to stabilise him in intensive care before he was flown to Delhi in an air ambulance on February 8. His condition had reportedly shown slight improvement before the transfer.

Family alleges role of Arambai Tenggol

Valte’s family had alleged that members of the Meitei group Arambai Tenggol were responsible for the attack in 2023. His son, David Mang Valte, had earlier stated that the MLA was assaulted while returning after meeting the then Chief Minister amid the communal crisis involving Kuki, Meitei and Zomi communities.

Valte belonged to the Zomi tribe and was serving as a BJP legislator from Thanlon at the time of his death.

Condolences pour in

Several political leaders expressed grief over his passing. Two-time MLA T Robindro Singh said his last meeting with Valte at Imphal Airport before he was airlifted for advanced treatment remains “deeply emotional and unforgettable.” He described Valte as a kind-hearted and humble leader who was always concerned about the welfare of the people.

Valte’s death marks the end of a prolonged and painful chapter that began with the outbreak of ethnic unrest in Manipur in 2023.

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Amit Shah launches Rs 6,900 crore Vibrant Village Programme-II in Assam

Amit Shah has launched the Rs 6,900 crore Vibrant Village Programme-II in Assam to develop 140 villages along the Bangladesh border with improved infrastructure and employment opportunities.

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Amit Shah

Union Home Minister Amit Shah on Thursday launched the second phase of the Vibrant Village Programme in Assam, announcing a Rs 6,900-crore investment aimed at strengthening development in border areas.

The initiative seeks to transform 140 villages along the Bangladesh border in Assam into centres of modern education, employment and infrastructure. Shah formally inaugurated the programme at Natanpur village in the Barak Valley region of the state.

Focus on education, jobs and infrastructure

Addressing the gathering, Shah said the programme would ensure that border villages receive facilities on par with other parts of the country. He credited Prime Minister Narendra Modi for prioritising development in these regions.

“Today, we are officially beginning the Vibrant Village Programme-II, and through this, we will bring development to bordering villages and facilities like any other place across the country. This has been possible because of Prime Minister Narendra Modi,” Shah said.

He added that Natanpur would not be known merely for its proximity to the border but for excelling in education, employment generation, road connectivity, telecommunications and electricity.

Coverage across 17 states

According to Shah, the Centre has earmarked Rs 6,900 crore under Vibrant Village Programme-II to develop 334 blocks and 1,954 villages across 17 states.

In Assam alone, nine districts, 26 blocks and 140 villages have been identified under the scheme. Shah said all amenities in these villages would match those available in other villages across India.

“There was a time when border villages were called the last villages and lacked many amenities, but Prime Minister Narendra Modi decided that all border villages will be the first villages. Now these villages will be first in road, sanitation, drinking water, communications, employment and education,” he said.

The programme aims to strengthen infrastructure and socio-economic conditions in border areas, particularly those along the Bangladesh frontier in Assam.

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