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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.

India News

Nana Patole’s feet-washing video sparks BJP attack, Congress leader responds

A Guru Purnima video showing Congress leader Nana Patole’s feet being washed has sparked a political controversy in Maharashtra, drawing criticism from the BJP and a strong response from Patole.

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A video showing senior Congress leader Nana Patole’s feet being washed during a Guru Purnima event has triggered a political controversy in Maharashtra, with the BJP criticising the ritual and the Congress leader defending it as a family tradition.

The viral clip shows Mr Patole seated on a sofa while two men wash his feet, shower flowers on him and place fruits near his feet as part of the ceremony. The incident quickly drew attention on social media and prompted sharp reactions from political leaders.

BJP calls it ‘Congress culture’

Reacting to the video, Maharashtra minister and BJP leader Chandrashekhar Bawankule said the incident reflected the “culture of Congress leaders”.

He said such acts only invite criticism and negative publicity, adding that Congress leaders should learn from similar controversies instead of repeating them.

Nana Patole defends Guru Purnima ritual

Responding to the criticism, Mr Patole rejected the allegations and said he neither instructed nor compelled anyone to perform the ritual.

According to the Congress leader, the ceremony took place on Guru Purnima when two younger members of his family voluntarily chose to honour him as their Guru.

He said they insisted on performing the ritual as a mark of respect.

Congress leader hits back at BJP

Mr Patole also countered the BJP’s criticism, saying the party had no authority to lecture others on culture and traditions.

In an apparent reference to the alleged Ram temple donation theft case, he remarked that those who “loot donation funds” should not advise others on cultural values.

The exchange has added to the political sparring between the BJP and the Congress in Maharashtra, with the viral video continuing to generate debate on social media.

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Bypoll results today: First electoral test after student protests begins in BJP-ruled states

Vote counting is underway in three BJP-ruled states, with the bypoll results expected to indicate voter sentiment after nationwide protests over alleged examination paper leaks.

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Bypolls

Counting is underway in Bankipur, Datia and Manjalpur, with the bypolls being closely watched as the first electoral contest following nationwide student protests over alleged paper leaks.

The counting of votes is underway for Assembly by-elections in three BJP-ruled states—Bihar, Madhya Pradesh and Gujarat—in what is being seen as the first electoral test since nationwide student protests over alleged examination paper leaks.

The bypolls were held on Thursday in Bihar’s Bankipur, Madhya Pradesh’s Datia and Gujarat’s Manjalpur Assembly constituencies. Political observers are watching the outcome closely as the results are expected to offer an indication of voter sentiment, particularly among young voters who participated in or were influenced by the protests.

Bankipur contest draws attention amid BJP candidate change

The Bankipur Assembly seat in Bihar has traditionally been considered a BJP stronghold, with the party retaining the constituency in every election so far. The bypoll was necessitated after former MLA and BJP leader Nitin Nabin was elected to the Rajya Sabha.

The contest attracted attention after the BJP’s original nominee, Abhishek Kumar Sinha, withdrew from the race a day after filing his nomination, citing family reasons. The party later fielded its youth wing leader, Neeraj Kumar Sinha.

The opposition seized on the development, claiming the BJP was concerned about retaining the seat. Rashtriya Janata Dal leader Tejashwi Yadav expressed confidence that his party’s candidate, Rekha Gupta, had secured support across different communities and could deliver an unexpected result.

The election also marked the anticipated electoral entry of political strategist-turned-politician Prashant Kishor, adding further interest to the contest.

Datia sees straight BJP-Congress fight

In Madhya Pradesh, the Datia Assembly seat fell vacant after Congress MLA Rajendra Bharti was disqualified on April 2 under provisions of the Representation of the People Act, 1951.

The BJP has fielded first-time Assembly candidate Ashutosh Tiwari against Congress nominee Kunwar Ghanshyam Singh.

Datia has long been associated with former state Home Minister Narottam Mishra, who represented the constituency for three consecutive terms between 2008 and 2018 before losing the 2023 Assembly election. The selection of a new BJP candidate reportedly led to protests by some of Mishra’s supporters.

Congress candidate Kunwar Ghanshyam Singh, a two-time former MLA and member of the erstwhile royal family, is banking on his previous electoral victories, personal connect with voters and dissatisfaction among sections of BJP workers.

Manjalpur bypoll follows veteran BJP MLA’s death

In Gujarat, voting took place in the Manjalpur Assembly constituency after the death of sitting BJP MLA Yogeshbhai Narandas Patel.

The contest is between BJP candidate Satish Govindbhai Patel, a former Vadodara Municipal Corporation councillor, and Congress leader Bhikhabhai Rabari, a former state minister and Gujarat Congress vice president.

Yogesh Patel had represented the Raopura Assembly constituency five times before shifting to the newly created Manjalpur seat after delimitation. He went on to win Manjalpur in 2012, 2017 and 2022, completing eight consecutive Assembly election victories over a span of 36 years.

The bypoll comes after the BJP’s record performance in the 2022 Gujarat Assembly elections, when the party won 156 of the state’s 182 seats.

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Delhi Police to drop case against minor accused of abusing PM Modi, say reports

Delhi Police have decided not to pursue a case against the minor accused of using abusive language against Prime Minister Narendra Modi during the CJP protest at Jantar Mantar after her apology and the Prime Minister’s call for forgiveness.

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Delhi Police have decided not to register a case against a minor girl accused of using abusive language against Prime Minister Narendra Modi during the Cockroach Janta Party (CJP) protest at Delhi’s Jantar Mantar, according to sources.

The development follows the filing of a Zero FIR by Noida Police over the viral video. The FIR had identified the accused as a 25-year-old woman. However, the girl later clarified through a public apology video that she is 15 years old and claimed she made the remarks after being influenced by others present at the protest.

Minor apologises for remarks

In her apology video, the teenager admitted that her comments were unacceptable and expressed remorse.

She said she was only 15 years old and described the incident as her “first and last mistake.” She apologised to the country and sought forgiveness, adding that she felt deeply ashamed of her actions.

PM Modi appeals for forgiveness

Last week, Prime Minister Narendra Modi said he had forgiven the “misguided children” who abused him and appealed to society not to seek punitive action against them.

In an Instagram reel, he said that dragging such children through legal proceedings would not improve the situation and urged people to accept his decision to forgive them.

Mother seeks cancellation of FIR

Following the Prime Minister’s remarks, the girl’s mother thanked him for showing compassion and requested that the FIR registered against her daughter under an incorrect name and age be withdrawn.

She said the Prime Minister had given her daughter a “new life” and appealed for the cancellation of the case.

The mother also urged the government to restrict access to social media platforms such as Instagram and Facebook for children below the age of 18, arguing that minors can be easily influenced and should focus on their education instead of participating in protests.

Background of the CJP protest

The incident occurred during the Cockroach Janta Party’s protest at Jantar Mantar, which continued for more than five weeks over the alleged NEET paper leak. The agitation drew support from thousands of people, primarily students.

The protest concluded last month after Education Minister Dharmendra Pradhan resigned and the government agreed to several of the group’s demands, including assurances of no coercive action against protesters.

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