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Aadhaar linkages issue: Divan, Sibal point out the many dangers of identity theft, lack of choice

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The hearings on Aadhaar and its various linkages and privacy and security issued attached to them resumed 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 Tuesday (February 6).

Arguments started a little before lunch.

The following deliberations took place:

12:08 pm: Senior counsel Shyam Divan, who is handling a number of applications, continued his arguments. He showed the court a page in which a list of deaths was given. All these people died because they did not have Aadhaar. Thereafter, he read out problems faced by citizens who have not been able to link their Aadhaar to several services.

Justice Sikri intercepted, saying: “We will consider these examples after listening to the legal background of this.”

Divan replied: “I am just giving a summary of problems which arose because of Aadhaar.” He said there are two major reasons why he was reading these documents. They are:

  1. Deaths
  2. Dignity of citizens.

He said: “Kindly see the dignity of citizens. Article 21 is being infringed because of Aadhaar. The people who are disabled, who are old, who are not able to go for formalities… how can this happen to them? Their healthcare is also affected due to this.”

He said that these things also happened when fingerprints didn’t match.

Justice Chandrachud commented that can happen because of poor internet connection. Then he made an important observation. He said: “Aadhaar is the ground of financial misuse. That may or may not be permitted by the constitution.”

Senior counsel Kapil Sibal said: “A report was published in the Indian Express where it was mentioned that people are not able to do business because their Aadhaar numbers are not linked with their businesses.”

Divan said there are two affidavits which are in compilation. It indicates about the right to control which includes every citizen. He read an affidavit in which a person says why he does not want to register himself with the Aadhaar platform.

Divan said that these affidavits were adding a different dimension. Then he read an affidavit by a computer entrepreneur on the problems he faced because of Aadhaar.

He also mentioned that the problem is also faced during the filing of ITR. He said: “Why should I trust the platform which is totally unsafe?”

Justice Chandrachud asked whether the UIDAI is supplying the documents (which have been leaked) or are they stolen?

Divan replied because a third company is managing the documents and database, it is becoming unsafe. “I am not blaming the UIDAI, but information from the database has been leaked several times.”

12:59pm: Divan said: “While creating the database, the data was also being saved at some other places. They are:

  1. In the RAM till the other fingerprints are not taken
  2. In the cache
  3. In the memory if the computer is turned off.

“These are places where such data is easily compromisable. These are the security reasons why people are not ready to register themselves with Aadhaar. They don’t want their personal identities compromised.”

Divan submitted a two-day-old a news report. He said: “I don’t have an affidavit regarding this, but my lords can take it as an example of the affidavit which I read regarding the entrepreneurs.

“Consider this as a hypothetical condition. Now I am showing a completely different dimension. The document on page 64 is a report of a newspaper which happened in Uttar Pradesh when hackers including 10 accused were arrested. They had chemically made artificial fingerprints of persons. They used this for making forged Aadhaar cards. They made it in Kanpur, Devariya and Kushinagar.

“The cyber team of STF arrested this team. They told the team that they were doing this to make forged documents. They also told the team that they made a bypass for not giving iris to the UIDAI database.”

Divan submitted that it was very easy to make a clone of fingerprints and this happened because of lack of security. “And now why should I register myself in these type of databases which are not secure?”

He submitted that as of November 15, a total of 6 crore 23 lakh fingerprints have been rejected because of biometrics duplication. He said this was happening because of database expansion. “As the database expands, the rejection rate is also increasing. And now people who genuinely require this, are not able to register themselves for Aadhaar.”

Then he gave an example of a school where the attendance system was attached with the online portal of the Aadhaar system. There are total of 230 girls in school but only 120 attendances were marked. This happened because some of girls were not registered on the database and some girls were rejected by the database. This system is accepted because of mid-day meal in schools.

He said: “Before summing up my submissions, I would just want to mention that I have submitted many law reports and articles which are mainly criticisms of Aadhaar. I don’t want to read all these, but you can consider those reports and articles.”

He then read from an article that had been published by a foreign university.

He said: “Are we living in a stage where we are being forced to give our personal identity? Sibal mentioned previously about a cab service running with the help of biometrics. This will be so unsafe. In a digital world, this will be very harmful for us and for national security.

“My second submission is about trust. The Aadhaar is being connected to all the services of the state. The trust which exists between the state and citizen will break down if it happens.

“The third major key was on ultra vires and rule of law.

“The two major aspects that remained were of surveillance and security. Look the domination that a state is having on its citizens in a democratic society.”

That concluded Divan’s submissions. While leaving the court the CJI said that a total of 42 volumes of handwritten notes had been submitted by Divan.

2:32 pm: Following the break, Sibal started his submissions.

He state that this was a matter of far reaching consequences as the Aadhaar number will be used by generations. “It will have huge implications in politics,” he said. “We are living in a digital world.

It’s hard to figure out what’s real and what’s not. What’s going to happen tomorrow no one knows, neither the bench nor the experts, such is the power of technology. The most powerful tool is information. One who controls data will rule. Hence the state will exercise power like never before.”

He also pointed out that: “Every technology can be hacked. If power has such great significance, brick walls need to be created, otherwise data will be hacked.

“As of technology, there is no technology in the world which has not been misused. The same technology can be used to create and destroy. Personal information of an individual once hacked cannot be retrieved. And it is important because of its ramifications. If you are an Aadhaar holder there will be transfer of account details. Fingerprints twice taken can be easily misused. Also, the more you know about people the more you can customise your product for economic gains. We have become toys of fingerprints.

“The questions to be decided are what is the government trying to do and how the individual is being protected. I have no other entity but Aadhaar? What about article 21 which entitles an individual to choice? Choice is the soul of our constitutional rights, but here the state tells us that we have no choice. You can enjoy services only through Aadhaar.

“The heart of article 21 is to have choice. Under article 21 the procedure must be reasonable and the substance should be reasonable. With Aadhaar, the whole thing is procedurally unreasonable.”

He supported Divan’s submission and stated that the whole procedure is wrong as there are no checks in taking Aadhaar details. My identity has nothing to do with my status. My entitlement such as for a widow, SC/ST etc. That’s my status and it is not related to my identity. How can my status be denied on the ground that I don’t have an Aadhaar number?

“How can I be denied my entitlement which I confer as a right by virtue of my status, for the want of my identification? Identification and entitlement are two separate issues

“The DPSP provided under part 4 of the Constitution provides that the state has to take care of the security of state, and people. It is a big problem for poor and rural people where there are no digital facilities. Money is not the criteria.

“The digital world is easier to be manipulated as compared to physical world,’’ he said.

He submits six propositions:

  1. Digital world is far more susceptible than the physical world
  2. No legislation can allow personal data to be put at risk in the absence of a technologically safe environment
  3. Such a level of endurance is impossible to obtain in a digital space.
  4. Biometric code and demographic info of an individual, once parted with into the digital world is irretrievable.
  5. The digital world is a vehicle to benefit the information economy
  6. Once a part of digital world, the information becomes irretrievable, “once the Genie out of the bottle can’t be put back in”

He said now 1.3 billion is the market for big corporations “The more they infringe, the more they know about us and more profit for them.”

Then he referred to the Aadhaar Act, 2016. He said Sections 3 and 7 were being emphasised upon. About Aadhaar number, he says my entitlement is Aadhar number. As a condition you are required to undergo authentication. Section 57 is totally unconstitutional.

Justice Chandrachud said that this section is confined to subsidy etc i.e Nexus is in relation to consolidated funds. As far section 7 is concerned, test of constitutionality must be looked into.

He gives a hypothetical example that if the state has the power to mandate Aadhaar at all services then where is the use of consent and choice?  We are heading towards a system of no preference and no choices.

—India Legal Bureau

India News

Drunk speeding Audi crushes pedestrians in Jaipur, one killed and 15 injured

A late-night crash involving a drunk speeding Audi in Jaipur left one pedestrian dead and at least 15 others injured after the car ran over roadside vendors and pedestrians.

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One person was killed and at least 15 others were injured after a speeding Audi car, allegedly driven by drunk occupants, ran over pedestrians and roadside vendors in Rajasthan’s Jaipur late Friday night.

According to the police, the luxury car lost control and first hit a road divider before ploughing into food carts and roadside stalls over a stretch of nearly 30 metres. The vehicle eventually crashed into a tree and came to a halt, damaging several parked vehicles along the way.

Visuals from the scene showed shattered food carts scattered across the road, while the Audi was left completely mangled due to the impact.

A total of 16 people were hit in the incident and were rushed to a nearby hospital. Four of the injured were reported to be in critical condition and were later referred to Sawai Man Singh (SMS) Hospital for advanced treatment.

One of the injured, identified as Ramesh Bairwa, a resident of Bhilwara, succumbed to his injuries during treatment.

Police officials said that four people were inside the car at the time of the crash, and all of them were allegedly under the influence of alcohol. While one person has been arrested, three others fled the spot after the incident.

The driver of the Audi has been identified as Dinesh Ranwan, a resident of Churu district in Rajasthan. The vehicle has been seized, and a search is underway to trace the remaining accused.

Rajasthan Chief Minister Bhajanlal Sharma expressed grief over the incident and instructed officials to ensure proper medical care for the injured. Deputy Chief Minister Premchand Bairwa and Health Minister Gajendra Singh Khimsar visited the hospital to enquire about the condition of those injured.

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Mamata Banerjee says ED raids on I-PAC have politically rejuvenated her

Mamata Banerjee led a protest rally in Kolkata after ED raids linked to I-PAC, saying political attacks only rejuvenate her and accusing the Centre of misusing agencies.

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mamta banerjee

West Bengal Chief Minister Mamata Banerjee on Friday escalated her confrontation with the Centre following Enforcement Directorate (ED) raids linked to the Indian Political Action Committee (I-PAC), asserting that political attacks only strengthen her resolve.

Banerjee led a nearly 6-kilometre protest rally in Kolkata, beginning from Jadavpur and ending at Hazra, with senior Trinamool Congress leaders and party workers marching alongside her. Large crowds gathered along the route in a show of support.

Addressing party supporters after the rally, the Trinamool Congress chairperson defended her decision to enter the residence of I-PAC co-founder Pratik Jain during the ED raids on Thursday, an act that has drawn criticism from the Bharatiya Janata Party and prompted demands for an investigation.

“I did nothing illegal. I went there as the Trinamool Congress chairperson,” Banerjee said, adding that several items had already been taken away by the time she reached the premises.

Allegations of misuse of central agencies

The chief minister accused the Centre of using agencies such as the ED and the Central Bureau of Investigation for political purposes. Questioning the intent behind the raids, she said political opponents were attempting to weaken her party ahead of the 2026 West Bengal Assembly elections.

“If someone tries to kill me politically, don’t I have the right to defend myself?” she asked.

The ED action against I-PAC is linked to an alleged coal scam. Banerjee claimed that leaders from the BJP were also involved in coal-related irregularities and asserted that she possessed evidence. “I have proof on pen drives. I will release it when the time comes,” she said.

‘Politically rejuvenated and reborn’

Taking a combative tone, Banerjee said repeated attempts to target her had only made her stronger politically. “If someone tries to hit me politically, I get politically rejuvenated and reborn,” she declared.

Referring to recent political developments in other states, she alleged that central agencies had been used to destabilise elected governments elsewhere, adding that similar attempts would fail in West Bengal. She expressed confidence that the Trinamool Congress would secure a decisive mandate in the 2026 Assembly polls.

BJP hits back

The BJP accused the West Bengal government of corruption and claimed that the chief minister’s actions during the ED raids raised serious questions. Party leaders alleged that Banerjee had intimidated officials and demanded that she be made an accused in the case.

The political confrontation comes hours after several Trinamool Congress MPs, including Derek O’Brien and Mahua Moitra, were detained by Delhi Police while protesting outside Union Home Minister Amit Shah’s office. Banerjee criticised the detentions, describing the ruling party’s approach to democracy as one that demands “obedience”.

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Ayodhya bans online delivery of non-veg food within 15 km of Ram temple

Ayodhya authorities have prohibited online delivery of non-vegetarian food within 15 km of the Ram temple following complaints over violations in sacred areas.

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Ram Mandir

The Ayodhya district administration has imposed a ban on the online delivery of non-vegetarian food items within a 15-kilometre radius of the Ram temple, following repeated complaints about violations in religiously significant areas.

Officials said the decision was taken after residents and pilgrims raised concerns over online food delivery platforms supplying non-vegetarian items in locations falling under the Panchkosi Parikrama route, considered sacred by devotees.

Complaints against hotels and online platforms

Authorities also flagged reports suggesting that certain hotels and homestays in Ayodhya were serving non-vegetarian food and alcoholic beverages to guests, despite restrictions. Establishments have been issued strict warnings to immediately stop such practices, officials said.

The ban comes months after the Ayodhya Municipal Corporation decided in May 2025 to prohibit the sale of liquor and meat along the 14-km Ram Path, which connects Ayodhya with Faizabad. However, locals claim that liquor sales continue along the route, with more than two dozen outlets still operating.

A municipal officer said meat shops along the Ram Path, including those in Faizabad, had been removed. However, action against liquor vends requires authorisation from the district administration, leading to delays in enforcement.

Monitoring to ensure compliance

Assistant Food Commissioner Manik Chandra Singh said complaints had surfaced that non-vegetarian food continued to be delivered to tourists through online platforms despite existing restrictions.

“Following these complaints, a ban on online non-vegetarian food delivery has been imposed. Hotels, shopkeepers and delivery companies have been informed, and continuous monitoring will be conducted to ensure compliance,” Singh said.

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