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Aadhaar Linkages case: Sibal points out the many ways data can be compromised

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The hearings on Aadhaar and its various linkages and privacy and security issued attached to them continued before the Supreme Court constitution bench of Chief Justice Dipak Misra and Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan on Wednesday (February 7).

The following deliberations took place:

11:34am: Senior advocate Kapil Sibal continued his submissions. He talked about identity information which requires authentication as per section 2(c) of the Aadhaar Act. This means Aadhaar number along with biometric or demographic information. He argued that this part has been wrongly drafted. It means that only

these two pieces of data can be submitted for the purposes of authentication.

He said that while photograph is included in biometric, it has been excluded in code biometric. He said that no alternative information can be given. Aadhaar Act is only for Aadhaar information and nothing else, Sibal said.

“Hence, for every Aadhaar card, the individual’s photograph will also be present,” he said. “There is a definition of identity information in the Act itself.”

At that Justice Ashok Bhushan pointed out:  “The alternatives are for double-checking.”

Sobal said: “It’s a legal argument and not political argument that you’re reducing me to one identity. Section 2(m) is not inclusive, it is exhaustive as pointed out by justice Chandrachud.”

Justice Sikri said: “If I don’t have the Aadhaar number, I still exist…” to which Sibal agrees, saying “we are more than just an Aadhaar number.”

Sibal says: “Section 8(3)(c) proposes that only three methods of identity information should be available. Secondly, there is no centralised database. Regulation 4 refers to modes of information. It gives you an idea what of authentication is. There is no other mode. Regulation 5 has to be read with 8(3)(c).”

He said: “If you have your authentication on your smart cards, your biometrics cannot go anywhere, hence no one can steal anything. That’s what most jurisdictions do, especially in the UK.”

Justice Bhushan said: “That regulation 5 has an overriding affect.”

Ibal said: “The act says that the number qualifies for the identity information. That means I can establish my identity via Aadhaar. Once I establish my identity information with the help of Aadhaar, no one can question me.”

“Read the Act in consonance with the provisions of the constitution,” says Sibal.

“If we accept your submissions, the constitutional validity of this becomes substantive,” says justice Chandrachud. “Under this statute, you have to collect information, which is not a state activity. Use of Aadhaar number to establish identity by the state or a body corporate under the law… that answers all of the ‘who’ and ‘how’ questions.”

Sibal says: “It must be assured that my property is protected. It is licensed out to agencies, etc. Now, because it is my property, i.e. my information, hence it must be protected and I must be assured that it is done.

“In a digital world my property cannot be retrieved, unlike in the physical world. If I have lost my property, in the physical world, it can be retrieved. If not, compensation would be provided. In the digital world, nothing can be protected. We’re not dealing with the physical world,” submitted Sibal.

“The digital world will know more about you than you would know; that’s where the world is heading towards,” he said. “In the USA, it is said that the digital world is like a Jurassic Park.”

“Data can arguably be divided into two types, Meta data and messages. Aadhaar is linked to every journey. Meta data is the information minus the messages. You’re making me vulnerable,” said Sibal.

“Unnecessary information is being stored because of Aadhaar and the vulnerability is the violation of my rights. The point is, an individual’s data who is not a criminal, should not be in the public domain.”

Justice Sikri gave a counter situation where a member of a particular airline travels even the airline retains the data about your traveling trend. What is so different about Aadhaar being linked to your railway ticket?”

Sibal continued: “CDR becomes a single target for cyber criminals for external and internal attacks according to an RBI report. A recent RBI report has explained that CDR has been targeted. According to this, because of Aadhaar there is a readily available platform for cyber criminals. It’s a staff paper/report. We need to have safeguards.”

“There’s a need for care. It does not straightaway talk about vulnerability,” Justice Chandrachud commented. “Every centralised depository can be hacked and using Fevicol and wax, by making a mould, anyone without even any technical knowledge can derive your fingerprint.”

At that Sibal said: “Once the national based information is compromised, we cannot do anything. Any criminal can take a defence that my fingerprints were stolen during every criminal trial,” Sibal said.

“By creating a 3D image of a fingerprint, once infringed through using a fingerprint app as in Android phones, the infringer can use it anywhere he wants, Sibal said.

“Airtel was benefitted by using latest Aadhaar, where new bank accounts were opened and the bonus/benefits the people earned were transferred into that Airtel bank. Hence, Aadhaar wouldn’t be a reliable source of information for the benefits to them,” Sibal said.

“And most benefits are received by aged people. Biometrics of children and the aged cannot be relied upon, as they don’t come to be very accurate. Further, it’s not reliable in cases of disabled people. The statute contemplates breaches.”

12.47 pm: “It will encourage bribery as big corporate competitors will pay money to get information, Sibal said. “The larger the data base, greater the chance of rejection of Aadhaar enrolment.

1.03pm: Adhaar matter adjourned to February 8.

– India Legal Bureau

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JMM-RJD-Congress are supporters of Bangladesh infiltrators: PM Modi at Jharkhand rally

Narendra Modi further claimed that if the bad policies of JMM, Congress and RJD continue, the adivasi society in Jharkhand will shrink

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JMM-RJD-Congress are supporters of Bangladesh infiltrators: PM Modi at Jharkhand rally

Ahead of the Jharkhand Assembly election, PM Narendra Modi launched a scathing attack on the incumbent Hemant Soren government, accusing it to put appeasement at the top of its agenda.

While addressing a rally in Jharkhand’s Garhwa, the Prime Minister said the coalition government of Jharkhand Mukti Morcha, Congress and RJD are supporters of Bangladesh infiltrators. He said that the JMM-RJD-Congress government has taken appeasement to its peak, and that these parties are destroying the state’s social harmony. He alleged that the parties are supporters of infiltrators, and to get votes of Bangladesh infiltrators, they are getting them settled across Jharkhand.

The Prime Minister stated that when schools disallow Saraswati Vandana, one can imagine how big the danger is. When there is stone-pelting during festivals, Maa Durga is stopped and curfew is imposed, one knows how dangerous it is, he continued. The Prime Minister also added that when the issue of infiltration goes to court and the administration denies, it becomes clear that the government machinery has been infiltrated. PM Modi was referring to allegations that a Muslim teacher stopped prayers to Goddess Saraswati at a school in Jharkhand’s Giridih.

Narendra Modi further claimed that if the bad policies of JMM, Congress and RJD continue, the adivasi society in Jharkhand will shrink, and advised people to use their vote to uproot this infiltrator coalition. He maintained that Jharkhand’s swift development is possible only if it has a government that expedites the implementation of central schemes.

Referring to the JMM’s decision to replace Champai Soren as Chief Minister after Hemant Soren was granted bail in a money laundering case, PM Modi said that the party has left no stones unturned in humiliating an adivasi son. He asked how the party will take care of the people of the state when nothing matters to them more than family. He added that he does not have a family, and the people are his family. He also mentioned that Champai Soren, once a trusted lieutenant of Hemant Soren, is now with the BJP.

Slamming the ruling coalition of corruption, he said that corruption hollows out the country like termites, and destroys the poor, Dalits, people from backward classes and tribals. He claimed that Jharkhand has seen for five years the corruption of the JMM-Congress-RJD government.

He also referred to the massive cash haul from the home of Congress’s former Rajya Sabha MP Dhiraj Sahu last year. Mentioning that mountains of cash are recovered from the home of Congress’s Rajya Sabha MP, he questioned if this money didn’t belong to Jharkhand.

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Ruckus in Jammu and Kashmir Assembly over resolution against Article 370 abrogation

Chief Minister Omar Abdullah addressing the session, said that the resolution has no importance and it is only for the cameras.

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Ruckus in Jammu and Kashmir Assembly over resolution against Article 370 abrogation

Jammu and Kashmir Assembly on Monday witnessed chaos after People’s Democratic Party (PDP) MLA Waheed Para moved a resolution opposing the abrogation of Article 370 and called for restoring the union territory’s special status.

Waheed Para, the PDP MLA from the Pulwama Assembly seat, submitted the resolution to newly elected Speaker, Abdul Rahim Rather and requested for a discussion on the matter during the five-day session, despite not being a part of the agenda.

It was submitted that although the agenda of the House has been finalised, they believe that the authority as the Speaker allows the inclusion of the resolution, as it reflects the sentiment of the people at large. After the resolution was submitted, all 28 Jammu and Kashmir BJP MLAs stood up to oppose the move, leading to noisy scenes inside the Assembly.

As the members protested, BJP MLA Sham Lal Sharma demanded Para’s suspension for bringing the resolution in violation of Assembly rules. The agitation continued even after the Speaker repeatedly requested the protesting members to take their seats. He asserted the resolution has not come to him yet and when it does, he would examine it.

While the BJP members refused to call off their protest, National Conference MLAs slammed them for interrupting the proceedings of the House. Chief Minister Omar Abdullah addressing the session, said that the resolution has no importance and it is only for the cameras.

The Chief Minister added that how the House will reflect and discuss this matter will not be decided by any one member. If there was a purpose behind the resolution, then they would have discussed this with the government before, he continued.

Nonetheless, CM Abdullah also admitted that the people of Jammu and Kashmir do not approve of the decision taken on August 5, 2019, when Article 370 was abrogated. Lieutenant Governor Manoj Sinha also said that his government will make all efforts for the restoration of full statehood. He mentioned that restoration of full statehood would be a reciprocation of the faith reposed by the people of Jammu and Kashmir in democratic institutions.

Meanwhile, PDP chief Mehbooba Mufti expressed that she was proud of Waheed Para for submitting the resolution.

Notably, Article 370 was a provision in the Constitution that granted special autonomy to the region of Jammu and Kashmir. It also allowed the state to have its own constitution, flag, and autonomy over internal matters except defense, communications, and foreign affairs.

However, the Centre on August 5, 2019 revoked Article 370, effectively removing the special status of Jammu and Kashmir and reorganising it into two Union Territories namely, Jammu and Kashmir, and Ladakh.

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20 killed after bus falls into gorge near Uttarakhand’s Pauri-Almora border, CM Dhami expresses grief

Chief Minister Pushkar Singh Dhami has announced financial assistance of Rs 4 lakh each for the families of the deceased and Rs 1 lakh each for the injured.

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20 killed after bus falls into gorge near Uttarakhand’s Pauri-Almora border, CM Dhami expresses grief

In a tragic incident, nearly 20 people were killed after a Garwal Motors Users bus fell into a 200-metre deep gorge near Uttarakhand’s Kupi in Ramnagar at Pauri-Almora border on Monday. The injured are being hurried to the hospital and a search operation is currently underway. At least 35 people were inside the bus when the accident occured.

The fatal accident was reported to authorities at around 9 am by passengers who had fallen from the bus during the accident. Police and teams from National Disaster Response Force (NDRF) and the State Disaster Response Force (SDRF) are at the accident site in Marchula’s Salt area. 

Speaking to the media, District Magistrate Alok Kumar Pandey said that the bus was going from Garhwal to Kumaon where the accident took place at Marchula in Almora. Sanjay Kumar, Salt Sub-District Magistrate stated that some of the passengers have been rescued and admitted to hospital. 

Meanwhile, Uttarakhand Chief Minister Pushkar Singh Dhami has announced financial assistance of Rs 4 lakh each for the families of the deceased and Rs 1 lakh each for the injured. The Chief Minister also directed the Commissioner of the Kumaon division to carry out a magisterial inquiry into the incident. 

Taking to social media platform X, CM Pushkar Singh Dhami expressed grief, and said that a very sad news has been received about the casualties of passengers in the unfortunate bus accident that took place in Marchula of Almora district. He added that the district administration has been instructed to carry out relief and rescue operations swiftly. 

Furthermore, CM Dhami stated that the local administration and SDRF teams at the accident site are working rapidly to evacuate the injured and take them to the nearest health centre for treatment. He mentioned that instruction have also been given to airlift seriously injured passengers if required. 

In a tweet, the Prime Minister’s office also announced an ex-gratia of Rs 2 lakh from PMNRF for the next of kin of each deceased in the mishap in Almora, adding that the injured would be given Rs 50,000.

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