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Aadhaar linkages case: UIDAI chief likely to make PPT presentation in SC tomorrow

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The Constitution Bench of the Supreme Court will, in probably the first such instance, be given a PowerPoint (PPT) presentation, on Thursday,  March 22, by Unique Identification Authority of India (UIDAI) CEO Ajay Bhushan Pandey to defend the Aadhaar Act and Centre’s decision of making Aadhaar-linking with various services mandatory.

The Centre on Wednesday, March 21, had sought the Supreme Court’s permission to UIDAI CEO Dr Ajay Bhushan Pandey to give a power point presentation in the court to allay the concerns regarding the Aadhaar act.

The Constitution Bench comprising Chief Justice Dipak Misra and Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan, on Wednesday March 21, accepted the request from the Attorney General KK Venugopal.

CJI Dipak Misra, who is heading the five-judge bench hearing a batch of petitions challenging the constitutional validity of Aadhaar, said the time for presentation will be fixed after discussions with other judges.

The UIDAI is the nodal authority that issues the 12-digit biometric identity programme.

Venugopal, who made submissions on behalf of the centre in defence of the Aadhaar programme and Prime Minister Narendra Modi-led government’s insistence of mandatorily linking the system for continued access to various services, including bank accounts and subsidiary benefits, told the top court on Wednesday that “steps have been taken to protect the personal information” of citizens who have been integrated with the biometric system, reported India Legal.

Emphasising that all necessary steps were being taken by the centre and UIDAI to safeguard data integrated with the biometric identification programme, the Attorney General said: “There are two highly technical aspects involved- one, regarding the security of data, in terms of access to the biometric and demographic database; and two, regarding the prevention of leakages in social security schemes… Between 2006 and 2016, 61 committees including Empowered Groups of Ministers and expert groups have deliberated on alternatives to Aadhaar cards such as smart cards etc…the Aadhaar is a serious attempt on the part of the government for insulating people…several countries have adopted similar systems of identification…the World Bank has, in its ‘Identifications for Development’ Integration Approach Study, investigated the various aspects of the Aadhaar regime as well those of other countries…”

Venugopal told the court that, if allowed, the UIDAI chief will address issues related to the security concerns over Aadhaar linkages through a PowerPoint presentation in the courtroom. Urging the bench to consider the request for a PPT presentation, stating that this would reduce the time of the court and will give a better understanding of what is being presented, Venugopal said: “All doubts of the judges and petitioners will be answered by CEO, UIDAI”. He suggested that two screens be put up in the court to enable the five judges as well as the petitioners to track the pointers being made in the PPT presentation.

The bench then said that it would consider the Attorney General’s request while Chief Justice Misra asked him to proceed with his submissions in the meanwhile.

Before the Attorney General began making his oral submissions, Chief Justice Misra succinctly summarised the legal arguments advanced by the petitioners over the 19 days of the Aadhaar hearing, stating that these ranged from assertions like – “I love my anonymity”, “my privacy is my treasure, why should I sell it”, “concerns over virtual mass surveillance”, etc.

Venugopal then began his arguments, basing them on the premise that Aadhaar was an effort by the government to “protect the segmented sections of society”.

“During the British-era, the rate of poverty (in India) was 66 per cent and that of illiteracy was 87 per cent…while the population between 1947-1950 was only 300 million… there were instances galore of diversion of funds by middlemen and public servants…corruption was massive”, adding that as per the report of Privacy International, India was ranked high in terms of corruption,” Venugopal said, adding: “now both (poverty and illiteracy) are both at 27 per cent.”

He said that the Aadhaar (Targeted Deliveries of Financial and Other Subsidies, Benefits and Services) Act of 2016 “was so designed that it has the lowest level of data leakage” and that there has been “no violation of the fundamental rights of people under Article 21 between 2009 and 2016 (the period during which mandatory linking was not incorporated into law but citizens voluntarily shared their biometric details for Aadhaar) because we’ve submitted ourselves voluntarily to the scheme.”

“We cannot say that because of our own voluntary acts, our fundamental rights have been violated,” Venugopal said. Drawing on the interpretation of “right to life” and the importance of this right vis-a-vis Aadhaar (since the government wants citizens to link their various services with the biometric identifier), the Attorney General said: “right to life under Article 21 has been interpreted as meaning not mere animal existence, but a life with dignity, including rights to food, shelter, employment etc.”

Justice Sikri then intervened to say: “Petitioners have raised the argument of their right to dignity while the respondents have argued their right to human dignity… the DPSPs (directive principles of state policy) require the State to safeguard and uplift the marginalised sections; there is also the right to dignity and privacy of the others. If any individual’s right to privacy is infringed, it comes in the zone of reasonable measures.”

To this, Chief Justice Misra added: “The right to privacy of an individual may be violated only as a reasonable measure, not to give way to distributive justice.”

Seeking to counter submissions made by petitioners who had argued that several poor citizens had been denied food and rations – some even reported dead of starvation – for want of Aadhaar-linking with ration cards to glitches in the biometric system, Venugopal said: “We have not received any such complaints where privacy has been infringed… Several NGOs have filed petitions, but Your Lordships have not heard a single depraved person complaining… in respect of the case of the woman who died for the want of Aadhaar, we have a counter…”

The Attorney General said further: “fundamental right has two aspects – one, the right to privacy, which is being used to challenge Section 7 of the Aadhaar Act, and two, the right to physical existence without hunger and without having to live on the pavement… in case of a conflict between the two, the latter ought to prevail… benefits to 300 million people have been given under Section 7 of the Act. There is no question of violation of fundamental rights.”

Justice Chandrachud posed the pointer: “There is no antithesis between political guarantees and economic guarantees. It is not like that there shall be the right to privacy for one section of the society and economic rights for the other. Until 2016 (when the Aadhaar Act was enacted), whosoever volunteered under the Aadhaar scheme, was basically not protected by any law as the legal protection was provided only under the act”.

Venugopal then proceeded to argue that the “Object of this act is to give directed delivery of subsidies to poor people of India as also given under the DPSPs so as to bridge a gap between rich and poor.” He read out from the written submissions regarding the objective of the Aadhaar Act – “The State is using the Aadhaar as an enabler of the right to food, livelihood, pension and other social welfare schemes including scholarships, while the petitioners are attacking the project on the grounds of privacy… in the past, the identity of the beneficiaries has failed the implementation of these welfare programmes, particularly in respect of the old and the disabled…”

Justice Sikri asked the Attorney General to explain his submission about implementation of welfare programmes failing due to creation of identities. “How can a condition of fake identity arise… under the pension scheme, it is the right of the employee to be subject to pension after rendering certain services,” Justice Sikri said.

Venugopal conceded that that “a lot of bogus identifications have been reported”.

Justice Chandrachud then asked the Attorney General to respond to concerns raised by petitioners who have sought to know from the government the state that mandatory Aadhaar-linking would leave such individuals in who suffer from dementia, or whose fingerprints can’t be recorded in the biometric system due to disability or other physical factors. “Take an example of people suffering from Alzheimer’s or dementia, people aged 80 or 90 years, or those who don’t have fingerprints… where do they go? Which bank will they go to? How can they have Aadhaar?”, Justice Chandrachud asked.

“You have to ensure that people should not suffer,” Justice Chandrachud said, adding: “How do we construe the meaning of subsidy, benefit of service under Section 7 of the Act… It would be better if the government accepts there is a problem of financial inclusion.” He then pointed out in a matter of fact manner: “A scheme always has good points as well as bad points.”

Venugopal responded with a quote from Mahatma Gandhi, stating: “The world has enough for everyone’s need but not for everyone’s greed” while referring to the problem of poverty in India and said: “poverty is unfortunate, the mere idea of poverty is violates human rights…”

The Attorney General then said that in genuine cases where an individual’s biometric was not being recognised for any reason, “beneficiaries will be provided with the subsidies via alternative mediums… if biometric is not being recognised, the individual will still get the subsidy on the basis of possession of the Aadhaar card.”

Justice Sikri then asked the Attorney General what is the purpose and need of centralising all data, adding: “even if we accept all your arguments, the chances of abuse of data remain.”

The bench then adjourned the matter until Thursday.

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India Metro Rail Network May Overtake US in 2 Years

India’s metro rail network has reached 1,170 km across 26 cities. Union minister Manohar Lal said the country could overtake the US in network length within two years.

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Manohar Lal Khattar

India is on track to become the country with the second-largest metro rail network in the world after China, with Union Minister Manohar Lal saying the country could overtake the United States within the next two years.

India’s metro rail network has now expanded to 1,170 km across 26 cities. The network is only 216 km shorter than the US metro rail network, which stands at 1,386 km, according to figures cited by the minister.

India’s metro network expands rapidly

Speaking after the inauguration of an extended metro service in Indore, Manohar Lal highlighted the pace at which metro connectivity has grown in India.

He said metro services were operational across just 245 km in five cities when Prime Minister Narendra Modi assumed office in 2014. The network has since expanded to 1,170 km across 26 cities.

The minister said India could overtake the US in terms of metro rail network length in the next two years and become the world’s second-largest country in this segment after China.

China currently has around 8,000 km of metro rail lines, according to the figures cited by the minister.

Indore metro extension inaugurated

The minister made the remarks after inaugurating an extended section of the Indore metro. The project was built at a cost of around Rs 2,850 crore.

The Indore metro was earlier operating commercially on a six-km stretch between Gandhi Nagar and Super Corridor-3 stations. Following the extension, the service will operate on a 17-km route between Gandhi Nagar and Malviya Nagar Chauraha.

Madhya Pradesh Chief Minister Mohan Yadav said the metro service would mark a new phase in Indore’s development. He also said the network would eventually be extended to Ujjain and other nearby areas.

India’s metro rail network: Key figures

  • India currently has 1,170 km of operational metro rail network.
  • Metro services are operational across 26 cities.
  • The US has around 1,386 km of metro rail network.
  • India is currently 216 km behind the US.
  • China has around 8,000 km of metro rail lines.
  • India’s operational network stood at 245 km across five cities in 2014.

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PM Modi returns to SRCC after 13 years, revisits 2013 glass full speech

PM Narendra Modi returned to SRCC after 13 years for its centenary celebrations, revisiting themes from his landmark 2013 address.

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PM Narendra Modi

Prime Minister Narendra Modi returned to Delhi University’s Shri Ram College of Commerce (SRCC) on Saturday, 13 years after his previous visit to the institution as Gujarat chief minister. 

His latest visit came as SRCC marked its centenary celebrations. Modi’s 2013 address at the college had attracted significant attention as he spoke about India’s youth, governance and the country’s demographic potential.

In 2013, Modi was Gujarat chief minister and had not yet been named the BJP’s prime ministerial candidate. He returned to the same campus this year as Prime Minister, having completed 12 years as Prime Minister and serving his third consecutive term. 

What PM Modi said at SRCC in 2013

The 2013 lecture was titled Emerging Business Models in the Global Scenario. The address also covered governance and India’s young population.

He described India’s youth as a source of national strength rather than simply a group of new-age voters. He also highlighted India’s demographic advantage and argued that the country needed to make better use of its young population.

One of the notable moments from the speech involved a glass of water.  Modi contrasted the conventional descriptions of a glass as half full or half empty and said he viewed it as full, with half containing water and the other half air.

The speech also included his remarks on technology and young Indians. Referring to an anecdote from a visit to Taiwan, Modi used the phrase “mouse-charmers” to describe Indians using computers and suggested that young Indians had the ability to influence the world through technology.

‘Minimum government, maximum governance’

Modi’s 2013 address also touched on governance. He spoke about the role of government and the need for better governance.

He also spoke about India’s potential in the 21st century. 

Modi returns as PM for SRCC centenary

The September 5 visit coincided with Teachers’ Day and SRCC’s 100th anniversary. The Prime Minister’s Office had announced that Modi would participate in the college’s centenary celebrations and address the gathering. SRCC was established in 1926 by industrialist and philanthropist Sir Shri Ram.

Earlier this year, Modi also met the SRCC governing body at his residence in April in connection with the college’s centenary celebrations and released a commemorative postage stamp marking the occasion. 

The return to SRCC came 13 years after his 2013 appearance at the college, when he addressed students as Gujarat chief minister.

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Supreme Court judge calls police assault on CJP protesters very distressing

Supreme Court judge Justice Ujjal Bhuyan criticised alleged police assaults on CJP protesters and raised concerns over excessive force.

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Supreme Court

Supreme Court judge Justice Ujjal Bhuyan has criticised the assault of protesters by police personnel during the recent CJP demonstrations in Delhi, describing the conduct as “very, very distressing” and a matter of serious concern.

Speaking at the launch of retired IPS officer Yashovardhan Azad’s book Policing the Republic, Justice Bhuyan said the detachment expected from police officers appeared to be diminishing.

He expressed concern over young Indian Police Service officers personally participating in the assault of protesters and demonstrators.

Justice Bhuyan stresses need for responsible policing

Justice Bhuyan said effective policing does not require excessive use of force or infringement of human rights. He emphasised that the police play an important role in maintaining public confidence because citizens generally approach the police when they feel they have been wronged.

He said maintaining the credibility of the police force was therefore of “utmost importance”.

The judge’s remarks come amid continuing scrutiny of the police and paramilitary response to the CJP protests in Delhi.

Supreme Court panel to examine police action

The Supreme Court has constituted a high-level panel to investigate allegations concerning the use of force by Delhi Police during the July 20 student protests at Jantar Mantar and the subsequent Parliament march.

The panel, headed by former Supreme Court judge Justice R Subhash Reddy, will examine complaints relating to lathi charges, tear gas, pellet guns and electronic batons. It will also look into allegations of targeted harassment or molestation of female protesters and review available CCTV and video footage.

The police response during the protests has faced criticism, while Delhi Police has maintained that its personnel were also attacked during the clashes.

Judge raises concern over custodial deaths and torture

Justice Bhuyan also spoke about custodial torture and deaths, describing custodial death as one of the gravest crimes in a society governed by the rule of law.

He stressed that torture and cruel, inhuman or degrading treatment cannot be accepted, regardless of whether such conduct takes place during investigation, interrogation or other circumstances.

The judge further warned that when government functionaries themselves become lawbreakers, it can undermine respect for the law and encourage lawlessness.

He questioned whether citizens lose their fundamental rights simply because they have been arrested by police.

‘Fake encounters’ cannot be part of policing

Justice Bhuyan also addressed allegations of extra-judicial killings, commonly referred to as “fake encounters”. Referring to a 2011 Supreme Court judgment, he said such encounters undermine the rule of law.

He stressed that an “encounter philosophy” cannot become part of legitimate policing and said proven fake encounters involving serving police officers must be treated with the utmost seriousness.

The Supreme Court’s panel will now examine the allegations surrounding the police action during the July 20 protests as scrutiny of the events continues.

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