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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

LPU students protest over reported rape allegation, police call it rumour

Students at Lovely Professional University protested over a reported rape allegation involving a worker, with police describing the claim as a rumour.

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Students of Lovely Professional University (LPU) in Punjab staged a protest after an allegation involving the reported rape of a student by a worker at the university surfaced.

The protest led to disruption around the university, with students taking to the streets and blocking the Jalandhar-Phagwara National Highway, according to the report.

The allegation triggered anger among students, who demanded action over the reported incident.

Police describe rape claim as rumour

Police, however, described the rape claim as a rumour, indicating that the allegation had not been established as a confirmed incident.

The distinction is important because the reported sexual assault allegation should not be treated as a confirmed rape unless investigators or other authoritative sources establish that fact.

The protests nevertheless continued as students sought clarity and action over the issue.

Protest disrupts traffic

The student demonstration also affected traffic on the Jalandhar-Phagwara National Highway. The protest brought attention to the allegations and the concerns being raised by students at the university.

With police calling the claim a rumour, further verification and investigation would be necessary to establish what actually happened.

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India News

INDIA bloc likely to meet on September 30 over Gyanesh Kumar row

INDIA bloc parties are likely to meet in New Delhi on September 30 amid growing opposition to Chief Election Commissioner Gyanesh Kumar and the Special Intensive Revision of electoral rolls.

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Rahul-Gandhi

Opposition parties belonging to the INDIA bloc are set to meet in New Delhi on September 30 to discuss concerns surrounding the Election Commission, the Special Intensive Revision (SIR) of electoral rolls and a proposed removal motion against Chief Election Commissioner Gyanesh Kumar.

The proposed meeting comes amid growing coordination among opposition parties over the functioning of the poll panel and demands for action against Chief Election Commissioner Gyanesh Kumar. The parties are also discussing a possible joint response to the developments.

Why is the INDIA bloc meeting being planned?

The INDIA bloc meeting on September 30 comes amid reports of objections within the Election Commission over certain decisions and orders related to the SIR exercise. 

According to the report, Opposition leaders have been discussing a coordinated response to their concerns over the Election Commission and the electoral-roll revision process. 

The issue is also expected to be discussed at the Congress Working Committee meeting scheduled for September 29, a day before the proposed INDIA bloc meeting.

Gyanesh Kumar removal demand in focus

The demand for the removal of Chief Election Commissioner Gyanesh Kumar has become a major point of contention between the Opposition and the Election Commission.

The CPI(M), CPI and CPI(ML)-Liberation have demanded Kumar’s removal and an immediate halt to the SIR exercise. Congress has also intensified its criticism of the CEC.

Opposition parties are also working on a fresh removal motion against Gyanesh Kumar. The September 30 meeting is expected to finalise the strategy for the motion, including the collection of signatures. According to the report, this would be the Opposition’s third such attempt. 

What is the SIR controversy?

The political dispute is linked to the Special Intensive Revision of electoral rolls, or SIR.

The controversy intensified following a report that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded objections on several occasions concerning decisions and orders related to the SIR process.

The Election Commission has said that differing views and observations are part of normal deliberations in a multi-member constitutional body. The poll panel has also maintained that its orders have legal sanction and follow statutory procedures, while stating that the final decisions on the SIR were taken unanimously. 

TMC and Left parties coordinate over the issue

The developments have also brought the Trinamool Congress and the CPI(M) together on the Election Commission issue, despite their political differences in West Bengal.

CPI(M) general secretary M A Baby proposed an immediate meeting to discuss a joint strategy. According to the report, Mamata Banerjee spoke with M A Baby and Leader of Opposition Rahul Gandhi, after which the leaders settled on September 30 for the meeting. 

What could be discussed at the September 30 meeting?

The proposed meeting is expected to focus on:

  • Concerns surrounding the Election Commission
  • The Special Intensive Revision of electoral rolls
  • Opposition demands concerning CEC Gyanesh Kumar
  • A possible fresh removal notice against the CEC
  • A coordinated response by INDIA bloc parties

The exact agenda and participation will depend on the discussions among the opposition parties before the proposed meeting.

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“Will die but won’t give up”: Sahil Wakode’s parents urge IIT students to continue fight 

Sahil Wakode’s parents have appealed to IIT Bombay students to continue their fight for justice amid the ongoing investigation into their son’s death.

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Sahil Wakode

The parents of IIT Bombay student Sahil Wakode have appealed to students to continue raising their voices and fighting for justice following their son’s death.

Sahil Wakode, a second-year student at IIT Bombay, died in his hostel room on September 18. His death has led to student protests and an ongoing investigation by the Mumbai Crime Branch.

What Sahil Wakode’s parents have alleged

Sahil’s parents have alleged that their son faced caste-based discrimination and harassment at IIT Bombay before his death. They have sought action against those they hold responsible and have demanded a thorough investigation into the circumstances surrounding his death.

The family has also called for a CBI inquiry and has sought the arrest of officials named in the case. These remain allegations and are part of the ongoing investigation.

The Mumbai Crime Branch took over the probe after an FIR was registered following the complaint by Sahil’s parents.

IIT Bombay’s position

IIT Bombay has said that Sahil was allegedly caught using a mobile phone during a mid-semester examination and had uploaded the question paper to ChatGPT to seek answers.

The institute has maintained that no disciplinary action had been initiated against him. It said the matter had been discussed with him by the instructor and the Head of the Department, who counselled him and assured him that the incident would not adversely affect his academic career.

The circumstances surrounding Sahil’s death are being investigated by the appropriate authorities.

Investigation continues

The case remains under investigation, with the Mumbai Crime Branch examining the circumstances surrounding Sahil’s death and the allegations made by his family.

His parents have continued to demand justice and action against those they believe were responsible, while the investigation is expected to establish the facts surrounding the case.

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