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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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Man attempting to cross India-Pakistan border in Rajasthan shot dead by BSF personnel

“We are investigating the case under these acts,” he added.

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13 hours ago

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December 25, 2024

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Border Security Force (BSF) personnel shot and killed an individual attempting to cross the India-Pakistan border in the Ganganagar district of Rajasthan late on Tuesday, according to police.

Jitendra Kumar, the station house officer at Kesrisinghpur police station, stated that the man was trying to breach the barbed wire fence when he was spotted by BSF personnel. “They advised him to leave the area, but when he continued to advance, the BSF personnel shot him,” said the SHO.

Sriganganagar Superintendent of Police Gaurav Yadav confirmed that the suspect was allegedly trying to enter Indian territory around midnight on December 24, 2024. Despite warnings from the BSF soldiers, he did not heed their calls, which resulted in the shooting.

The incident occurred near a village in the Kesarisinghpur area. Items recovered from the intruder included Pakistani currency notes, a cigarette packet, an identity card, and other belongings. Authorities are currently gathering more information about him.

Ongoing discussions are taking place between the armed forces and police officers regarding the incident. An FIR has been filed that includes charges of trespassing and violations of the Passports Act and the Foreigners Act, according to Kumar. “We are investigating the case under these acts,” he added.

This incident is one of several similar occurrences along the border. In August, the BSF apprehended an intruder named Jagsi Kohli, who had entered about 15 kilometers into Indian territory in Barmer after locals alerted authorities that he was asking for directions to Tharparkar, a district in Pakistan’s Sindh province.

In March of this year, another person attempting to cross the border in Ganganagar was shot by BSF personnel. There have been additional incidents reported in October 2022 and twice in March 2021, all resulting in fatalities among the intruders.

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Amit Shah, JP Nadda, Chandrababu Naidu among leaders at NDA meet in Delhi amid Ambedkar row

The alliance had decided to convene on the birthday of the late BJP leader, noted for successfully leading the first coalition government to complete its term.

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14 hours ago

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December 25, 2024

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Union Home Minister Amit Shah, BJP chief J.P. Nadda and Telugu Desam Party (TDP) president and Andhra Pradesh Chief Minister Chandrababu Naidu among leaders of the NDA met in New Delhi on Wednesday to discuss different issues including Shah’s comment on BR Ambedkar days ago in Rajya Sabha.

In attendance, apart from Shah, Nadda and Naidu, JD-U leader and Union minister Rajiv Ranjan Singh, Apna Dal (S) president and Union minister Anupriya Patel, as well as JD (S) leader and Union minister H.D. Kumaraswamy were present.

Also present were Jitan Ram Manjhi, leader of Bihar’s Hindustani Awam Morcha (S) and a minister in the Modi government, Rashtriya Lok Morcha (RLM) president Upendra Kushwaha, a Rajya Sabha MP, and Thushar Vellappally, president of Bharath Dharma Jana Sena.

While the specific agenda of the meeting was not officially disclosed, sources indicated that discussions revolved around good governance and various political issues—principles that were central to Vajpayee’s tenure as Prime Minister. The alliance had decided to convene on the birthday of the late BJP leader, noted for successfully leading the first coalition government to complete its term.

Following the meeting, Nadda shared on X, “Attended the NDA leaders’ meeting in New Delhi today. Under the visionary leadership of PM Narendra Modi, India is achieving unprecedented milestones and has positioned itself as a global superpower. The NDA government remains committed to realizing the vision of ‘Viksit Bharat@2047’, ensuring a brighter and more prosperous future for all.”

Sanjay Nishad, chief of the NISHAD Party in Uttar Pradesh, described the meeting as “informal” and focused on Vajpayee’s legacy. He emphasised the importance of unity among all alliance members heading into future elections, mentioning that they congratulated the BJP leaders for their electoral victories in Haryana and Maharashtra.

Nishad further outlined that the meeting addressed coalition strategies to ensure that Prime Minister Modi’s initiatives effectively reach the populace and that electoral promises are fulfilled. He raised the topic of providing reservations for the fishing community, stating, “I presented evidence on this issue, as it was a poll promise. They will follow up with us next week to discuss it.”

Responding to inquiries about whether Amit Shah’s controversial remarks on Ambedkar were discussed, Nishad said, “We are here for the welfare of the people. Our energy should focus on achieving success in that area, rather than engaging with negativity from opposition parties.”

The NDA meeting underscores the alliance’s commitment to the proposed simultaneous elections, with all members backing the initiative. A Joint Committee of Parliament, established to review two bills related to simultaneous polls, is set to convene on January 8.

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Manipur CM Biren Singh says state needs immediate peace, understanding between two communities

He claimed that the administration is responding quickly to the displaced people’s needs in areas such as education and agriculture.

Published

14 hours ago

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December 25, 2024

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Manipur Chief Minister N Biren Singh on Wednesday emphasised the urgent need for peace in the state, which has faced ethnic violence since May of last year, and called on two communities to reach a mutual understanding.

Speaking at the Good Governance Day event held at the state BJP headquarters, Singh expressed confidence that the BJP could restore stability to the northeastern state, highlighting the party’s commitment to coexisting harmoniously.

“What is happening in Manipur today has multiple causes. Those who seek to divide the state are now questioning the government’s actions… they are driven by a desire for power,” Singh remarked.

He mentioned several initiatives, such as ‘Meeyamgi Numit’ (People’s Day), designed to foster closer relationships between officials and the public. “We do not oppose any specific community. The BJP’s position is clear: we advocate for the idea of living together and have initiated efforts to strengthen ties between the police and the community,” he stated.

Singh added that the state government is diligently addressing the needs of internally displaced persons by establishing committees throughout the administrative framework. He claimed that the administration is responding quickly to the displaced people’s needs in areas such as education and agriculture.

“We have not made any mistakes. Our goal is to ensure the well-being of future generations. It is essential for both communities to remain calm. Rather than dwelling on the past, we should concentrate on the upcoming NRC process, capturing biometrics, and using 1961 as the foundation year for the Inner Line Permit,” Singh said.

He also highlighted the government’s commitment to acting within a democratic and constitutional framework, noting that achieving these goals will take time. “What we require now is immediate peace and a resolution of misunderstandings between the two communities,” he concluded.

The ongoing violence has resulted in the deaths of over 250 individuals and left thousands homeless due to clashes between the Meitei community and Kuki-Zo groups since last May.

“Only the BJP can save Manipur. BJP leaders possess strong values of nationalism and social justice, practicing reality-based politics in the nation’s interest. If I am not nominated for a ticket by the BJP, I will remain loyal to the party,” Mr. Singh added.

He also highlighted several unity-focused projects initiated by the BJP government, mentioning that a Unity Mall featuring stalls from all ethnic groups in the state will be constructed with an investment exceeding ₹140 crores.

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