English हिन्दी
Connect with us

India News

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

Published

on

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

Satellite images reveal extensive construction of launch pads and bunkers near Chinese nuclear missile silos

Satellite images show that Beijing is constructing a vast web of over 80 launch pads, command bunkers, and electronic warfare facilities to protect its longest-range nuclear missiles in a remote desert complex.

Published

on

A vast military complex is rapidly taking shape in a remote Chinese desert, raising significant attention among security scholars. Freshly analyzed satellite images indicate that Beijing is building an expansive network of launch pads, bunkers, and communications nodes. This critical infrastructure is positioned near isolated nuclear silos that house the Chinese military’s longest-range missiles, which are already capable of reaching any city in the United States.

Media reports indicate that the scale of this newly discovered construction points to a sweeping expansion of hardened infrastructure. The entire network is specifically designed to protect and operate China’s land-based nuclear forces. This massive buildup signals a major upgrade in efforts to secure a resilient second-strike capability, highlighting the intensifying nuclear competition with Western powers amidst rising regional tensions.

Protecting second strike capabilities

According to assessments by security analysts, the imagery reveals more than 80 launch pads. These pads are intended for potential use by an expanding fleet of mobile missile launchers as well as air-defense batteries. Furthermore, the newly built facilities appear configured to serve command operations, satellite communications, and electronic warfare functions.

Security experts note that this infrastructure is being deployed on a grand scale, stretching across thousands of square kilometers of desert landscape beyond the primary silo fields. Depending on the exact operational capabilities of these sites, the development represents a highly considerable enhancement and diversification of the nation’s strategic nuclear deterrent.

The primary objective behind safeguarding these desert silos aligns with the stated goal of maintaining a credible nuclear deterrent. This military policy remains grounded in the absolute capacity to retaliate effectively if the nation is struck first.

Continue Reading

India News

DK Shivakumar expected to take oath as Karnataka chief minister on June 3

Senior leader DK Shivakumar is set to take office as the new chief minister of Karnataka on June 3, following top-level leadership transitions within the state government.

Published

on

Senior Congress leader DK Shivakumar is highly likely to take the oath of office as the next chief minister of Karnataka on June 3, according to government sources. The upcoming ceremony marks a major leadership transition in the southern state following recent political developments.

Transition of power

The development follows days of high-level consultations within the party’s central leadership to ensure a smooth transition of power in the state assembly. Media reports indicate that preparations for the oath-taking ceremony have begun, with the event expected to see attendance from top political leaders, party workers, and ministers.

State government officials and party insiders have indicated that the formal schedule and cabinet composition are being finalized ahead of the scheduled date. Further official announcements regarding the swearing-in ceremony are expected to be released soon by the state administration.

Continue Reading

India News

Maharashtra MLC Polls: MVA finalizes 15 seats, tussle remains over two key constituencies

The Maha Vikas Aghadi has ironed out differences across 15 Maharashtra Legislative Council seats, leaving Nashik and Nanded as the final points of contention between Congress and Shiv Sena (UBT).

Published

on

The Maha Vikas Aghadi (MVA) coalition, which includes Congress, Shiv Sena (Uddhav Balasaheb Thackeray), and the Nationalist Congress Party (Sharadchandra Pawar), has successfully reached a seat-sharing understanding for 15 out of 17 seats in the upcoming Maharashtra Legislative Council elections. While a major breakthrough has been achieved, the alliance is currently witnessing a stalemate over Nashik and Nanded, as multiple constituent partners assert their presence in these regions.

According to sources, the distribution plan was designed to prevent internal rifts by respecting the geographic and organizational strongholds of each party.

Congress secures maximum share of seats

Under the initial draft layout, Congress has come out as the largest stakeholder with seven seats in its quota. The party has been assigned constituencies across northern Maharashtra, western Maharashtra, and Vidarbha, where its ground-level network remains sturdy.

The locations likely allocated to Congress feature Solapur, Chandrapur, Yavatmal, Bhandara, Dharashiv, Amravati, and Ahilyanagar. To gear up for the electoral challenge, state party president Harshvardhan Sapkal has already designated senior leaders to observe and coordinate at the constituency level.

Five seats assigned to Uddhav Thackeray faction

The Uddhav Thackeray-led Shiv Sena (UBT) has been allotted five seats under the proposed arrangement, focusing its reach on the Konkan region and Marathwada. The seats projected for the party encompass Chhatrapati Sambhajinagar, Jalgaon, Hingoli, Raigad, and Parbhani.

Concurrently, the Sharad Pawar-led NCP faction is expected to field its candidates from three constituencies: Thane, Pune, and the joint Satara-Sangli seat. Even though Thane has been known as a core stronghold of the traditional Shiv Sena, evolving dynamics inside state politics led to this assignment during discussions.

Stalemate over two key constituencies

Despite finding common ground on most locations, Nashik and Nanded continue to be sources of disagreement. Media reports show that both Congress and Shiv Sena (UBT) want the Nashik seat, pointing to their local machinery. On the other hand, Nanded has traditionally stayed a bastion for Congress, but shifting political landscapes have led to claims from alliance partners too.

Leaders from the opposition have stressed that their core objective is to challenge the ruling Mahayuti coalition and prevent votes from splitting through friendly contests. Senior members are expected to hold more rounds of talks over the coming days to untangle the deadlock.

Ruling alliance formula takes shape

Sources close to the matter suggest that the ruling Mahayuti coalition has also neared completion of its election blueprint. Under their anticipated plan, the Ajit Pawar-led NCP faction might contest Pune and Raigad, whereas the Eknath Shinde-led Shiv Sena is tipped to take over Nashik, Thane, Parbhani, and Yavatmal. The remaining council seats are expected to be contested by the BJP.

Political experts are keeping a sharp watch on prospective inner rebellion inside the ruling camp, especially in regions like Nashik and Chhatrapati Sambhajinagar, where disgruntled figures might look to explore options alongside independent candidates.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com