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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

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West Bengal government to launch Annapurna scheme from June 1, offering monthly aid of Rs 3,000 to women

The West Bengal government has announced the Annapurna Yojana, providing Rs 3,000 monthly financial assistance to eligible women aged 25–60 starting June 1, 2026. Existing beneficiaries of the older scheme will be automatically migrated subject to verification.

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The West Bengal government has officially notified the rollout of the ‘Annapurna Yojana,’ a welfare initiative aimed at providing assured monthly financial assistance of Rs 3,000 to women across the state. Introduced by the Department of Women and Child Development and Social Welfare, the scheme is structured to foster the socio-economic upliftment of women and will officially come into effect on June 1, 2026.

Under this new initiative, financial benefits will be transferred directly into the Aadhaar-linked bank accounts of qualified beneficiaries using the Direct Benefit Transfer (DBT) system.

Strict eligibility criteria outlined

According to the official government notification, specific guidelines have been established to determine eligibility for the monthly cash assistance:

  • Target Age Group: Eligible women must be between 25 and 60 years of age.
  • Employment Status: Applicants must not hold permanent government employment or receive a regular salary or pension from the central government, state government, statutory bodies, panchayats, municipalities, local bodies, or government-aided educational institutions.
  • Tax Criteria: Women who are income tax payers are excluded from the scheme.

Automatic migration and scrutiny rules

The new order clarifies that all current beneficiaries of the erstwhile Lakshmir Bhandar Scheme will be automatically migrated to the Annapurna Yojana. However, the transition involves a rigorous filtering process. Individuals identified as deceased, shifted, deleted, or recorded as absentee electors during the SIR-2026 exercise or voter slip distribution will be systematically excluded from the beneficiary list.

On the other hand, individuals who have filed appeals before the SIR Tribunal or submitted applications under the Citizenship (Amendment) Act will continue to receive financial assistance until their applications are legally resolved by authorities.

Application process for new beneficiaries

For fresh applicants, a dedicated online portal for the Annapurna Yojana will be launched on June 1, 2026. To ensure transparency, all new applications will undergo a strict multi-tier verification process by designated local administrative officials:

  • Rural Areas: Block Development Officers (BDOs) will manage the verification and inquiries.
  • Urban Areas: Sub-Divisional Officers (SDOs) will oversee the process.
  • Kolkata: Officials of the Kolkata Municipal Corporation (KMC) will handle applications within their jurisdiction.

Following field inquiries, verified reports will be uploaded directly to the digital portal. The respective District Magistrates and the KMC Commissioner will serve as the final sanctioning authorities in their corresponding jurisdictions to approve the disbursement of funds.

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Tamil Nadu Chief Minister C. Joseph Vijay travels to New Delhi for first official meeting with PM Narendra Modi

Newly sworn-in Tamil Nadu Chief Minister C. Joseph Vijay embarked on his first official visit to New Delhi to hold a high-level meeting with PM Narendra Modi, focusing on economic aid, fertilizer supply, and water rights disputes.

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Tamil Nadu CM Vijay and PM Modi

Marking his maiden official visit to the national capital since assuming office, Tamil Nadu Chief Minister C. Joseph Vijay is scheduled to meet Prime Minister Narendra Modi on Wednesday to deliberate on a wide range of state-specific matters. The Tamilaga Vettri Kazhagam (TVK) chief, who led his fledgling party to a historic victory in the recent assembly elections, took the oath of office on May 10. While the Prime Minister had previously extended his congratulations via social media, this marks the first formal in-person meeting between the two leaders.

According to official sources, the Chief Minister departed from Chennai on a chartered flight at 10:00 AM. The high-profile meeting with the Prime Minister is slated for 4:30 PM, where Vijay is expected to submit a comprehensive memorandum outlining Tamil Nadu’s long-pending welfare and developmental demands.

Key state matters on the table

The core of the discussions is expected to center around financial assistance and clearances for major infrastructure projects in the state. Media reports indicate that the Chief Minister will heavily push for additional funds to bankroll ongoing developmental initiatives.

Furthermore, the interstate Mekedatu water dispute remains a high-priority issue. Chief Minister Vijay has already written to the Prime Minister, urging him to instruct the Union Jal Shakti Ministry and the Central Water Commission (CWC) to reject the Detailed Project Report submitted by Karnataka for a reservoir at Mekedatu.

Other critical administrative concerns to be raised include ensuring an uninterrupted supply of fertilizers for the upcoming Kharif farming season and the removal of the 11 percent import duty on cotton to protect the raw material supply chain for the state’s textile industry.

A packed diplomatic itinerary

Accompanied by a team of senior officials and select cabinet colleagues, the Chief Minister’s itinerary extends beyond the Prime Minister’s Office. Vijay is likely to sit down with Union Finance Minister Nirmala Sitharaman to directly advocate for financial backings for key state portfolios.

The new administration has also drawn national interest for its structural innovations, including retaining critical departments under the Chief Minister—such as Home, Police, and Women Welfare—and carving out a dedicated cabinet-level Artificial Intelligence department, making Tamil Nadu only the second state in the country to do so.

Navigating a complex political landscape, the TVK-led government, which holds 108 seats in the assembly and enjoys backing from coalition partners including the Congress, Left parties, VCK, and IUML, is also using this trip to engage with national opposition leaders. Chief Minister Vijay is scheduled to meet Congress leaders Sonia Gandhi and Rahul Gandhi during his stay in the capital.

Before wrapping up his tour, the Chief Minister is slated to participate in a cultural event at Jawaharlal Nehru University (JNU), where he will formally inaugurate a statue of the revered Tamil poet-saint Thiruvalluvar installed by the Tamil Nadu government. Sources indicate that Vijay will conclude his official engagements and return to Chennai on Thursday.

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Assam clears Uniform Civil Code bill, becomes third state after Uttarakhand and Gujarat

Assam has officially become the third state in India to pass the Uniform Civil Code bill. The legislation was cleared by the state assembly on Wednesday despite strong objections raised by opposition lawmakers who claimed it impacts minority rights.

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The Assam Legislative Assembly on Wednesday passed ‘The Uniform Civil Code, Assam, 2026 Bill’, making it the third state ruled by the Bharatiya Janata Party (BJP) to adopt a uniform legal framework after Uttarakhand and Gujarat.

Opposition flags concerns over rights during house debate

The bill was taken up for final passage in the state assembly on Wednesday, sparking a heated discussion among lawmakers. During the legislative floor debate, opposition MLAs strongly voiced their concerns regarding the proposed law, stating that the legislation will hurt and compromise the fundamental rights of a certain section of society.

Despite objections from the opposition benches, the treasury benches cleared the passage of the bill, cementing Assam’s position as the latest state to move away from diverse personal laws in favor of a uniform code. Media reported that the legislative move follows extensive political discussions in the state surrounding civil regulations. With this enactment, Assam joins Uttarakhand and Gujarat, which have previously passed their respective uniform civil codes.

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