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Aadhaar linkages matter: This act will make the real person worthless, only the virtual person will prevail, says Gopal Subramanium

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Gopal Subramanium

Above: Gopal Subramanium

 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 Tuesday (February 13).

The following deliberations took place with senior counsel Kapil Sibal carrying on from where he broke off:

He talked about identity taken by face, iris and fingerprints. He also submitted about foreign situations where the government took all the information only for ten years. He said that “after the 10 years all databases will be deleted and recreated. That is what happens in the most secure countries in the world.”

He pointed out: “Even if you want to access the database, it will only be for limited things. The problems which are created by Aadhaar will be suffered by out our children, grandchildren and the children who are yet to be born.

“We all know that how much national security is important for us. And this government is trying to put it in danger,” he said. He then read retired Judge Puttaswamy’s arguments, on whose petition this case has come up. He submitted that the compilations of Trip Advisor, Alibaba, Uber, and some other websites showed the business reviews which were affected by Aadhaar.

Same he said of Facebook and WhatsApp which it acquired for $19 billion.

Sibal recited Right to Privacy judgment and laid down two points:

  1. My identity cannot be made a public identity
  2. My identity is not centralized

He said: “We are challenging the architecture of the act. On the one hand we have public interest and on the other we have national security.”

Involved are “personal information, medical information,  personal identity,” he said. “Our fundamental identity is that we are citizens of India. How can this be decided only on the basis of Aadhaar? Our passports, medical facilities etc. can be rejected? The state cannot choose how to prove our citizenship.”

He further referred to Sections 3,4,8 of the Aadhaar Act. Like argued before, Sibal also insisted that authentication is the key in the use of the Aadhaar number. “Meta data is not defined under the Aadhaar Act,” he said. “Section 57 was not needed. The proviso of Section 57 says subject to authentication. In short, for almost every purpose you will need authentication. And the concept of consent is illusionary. Identity can be established only by way of authentication. Such power is infringement of Article 19(1),20.”

He further stated: “Through Aadhaar the state seeks transparency of the individual. So the purpose of the RTI Act is violated. The proportionality argument is that you are presumed to be a criminal until you are proved innocent.

“There should not be the least restrictive opportunity to achieve the object. Hence proof of identity through Aadhaar is most restrictive way, hence violative of the principle  of proportionality,” the senior counsel argued.

“If Aadhaar is made mandatory wide powers will be given to the state in respect to when and where an individual will choose to travel, open an account, live, go etc. If someone’s account is deactivated because of any reason then an individual will not be able to even operate his account. So how is it justified without there being any alternative relief available to such persons?

“The Act says that all the expenditure should be from a consolidated fund, but it does not make clear which consolidated fund it is from, India or state?” he argued.

“The right to receive entitlement is also one point to be considered,” he said. “Entitlement is one’s status. So in case of our status we don’t need Aadhaar to claim our right? Certain entitlements are available to non citizens also. No service can be denied, especially to those who are below the poverty line.

“This statute impacts our fundamental right i.e. right to livelihood. That is why the test is far more stringent,” Sibal said. Proof of identification is a statutory restriction.

He said the infrastructure of this country doesn’t allow Aadhaar. “There is no public wi-fi. Many people don’t know how to use the internet and other facilities,” he said. He brought up the case of the Kerala Education Trust which supports his arguments related to use of Aadhaar in educational areas.

He also said that fingerprints and the iris are continuously changing when a child is growing. So during the in-between years Aadhaar is of no use.

Justice Chandrachud said that “an unconstitutional condition is when one person is surrendering the rights of his personal things or identity. The government is chosen by the public at large.”

Sibal said that the entitlement is made on the person who is a citizen of this country. “I don’t have any issue with Aadhaar, but lack of infrastructure is the biggest problem and taking all personal identity is the problem. You can give it in the name of Social Security Card, but on the name of Aadhaar, it is not good.”

Justice Chandrachud asked where the doctrine of Unconstitutional conditions really lies in this. Does it ask to relinquish the condition which is created?”

The judge said: “There are some people in this country who don’t have any identity. When the government is giving one identity for all things, then what is the issue?”

Sibal said that this is given in the act. That is the social purpose of this. He referred to the act and said the answer is in the act. He said “you must have some identification cards for making Aadhaar. Hence the intention of Aadhaar is not for those people who don’t have any identity card.”

As to the distance things have been taken with Aadhaar, Sibal said: “I cannot book a railway ticket if I don’t have Aadhaar. The point is, my identity refers to me. If I show my identity it must show that I am Mr Sibal. Identity is the thing which proves that I am who I am.”

He then referred to the writ petition 841/2017 which is related to the state of West Bengal. Page 114 of the petition refers to the services rendered via Aadhaar.

He said that the government is issuing notifications from time to time. On November 17, they have issued a notification in which school attendance came on this list. He referred to the Minarva Mills case.

Sibal said: “I gave all these things to create a picture which shows that it hasn’t any constitutional validity.”

“Perhaps this is the more important case, because of the imposition,” Sibal said. The ADM Jabalpur case came before this court and this case will be remembered by me, my children and grandchildren. Now you are going to create a future. This judgment will affect many people. These are the elements your lordships have to keep in mind.

Gopal Subramanium

Senior counsel Gopal Subramanium then took up his stand. He said: “This matter is related to a sequel of saving our rights. When the Right to Privacy came before this court, the question arose. Today, we are looking at what is called a living constitution. When we see this, then we have to decide, is it fundamental or not?

“I am willing to say that the technology is getting vast. He said. “First we have to see what is the real purpose of this act. This act is a danger. It is no longer a state when it allows these type of things in a democratic society. When the identification and authentication lies with government then there is no use of a real person. Then the name is not the name, it will just be a number. And the virtual person will rule.”

The matter will again be heard on February 15.

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Mani Shankar Aiyar’s remarks on Hindutva spark political backlash from BJP

Congress leader Mani Shankar Aiyar’s comments on Hindutva at a Kolkata debate have triggered sharp reactions from the BJP, escalating the Hinduism versus Hindutva debate.

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Veteran Congress leader Mani Shankar Aiyar has triggered a political controversy after describing Hindutva as “Hinduism in paranoia” during a public debate in Kolkata, prompting a strong rebuttal from leaders of the Bharatiya Janata Party (BJP).

Aiyar made the remarks at a discussion titled “Hinduism needs protection from Hindutva”, organised by the Calcutta Debating Circle at the Calcutta Club on Sunday. Several political leaders, legal experts, historians and journalists participated in the debate.

Aiyar draws distinction between Hinduism and Hindutva

Speaking at the event, Aiyar argued that Hinduism and Hindutva are fundamentally different, describing Hinduism as a spiritual and civilisational faith, while calling Hindutva a political ideology that emerged in the early 20th century.

“Hindutva is Hinduism in paranoia. It asks 80 per cent Hindus to feel threatened by 14 per cent Muslims,” Aiyar said, adding that Hinduism had survived and flourished for thousands of years without the need for what he described as political protection.

He referred to incidents involving attacks by vigilante groups and criticised actions against individuals over religious practices, beef consumption and participation in Christmas celebrations. Aiyar also cited writings of Vinayak Damodar Savarkar, contrasting them with the teachings of Mahatma Gandhi and Swami Vivekananda, whom he described as proponents of non-violence and inclusivity.

According to Aiyar, “There is no way Gandhi’s or Vivekananda’s Hinduism can be protected or promoted by Savarkar’s Hindutva.”

BJP leaders push back strongly

Aiyar’s comments drew an immediate response from BJP leaders present at the debate and later from party spokespersons.

BJP MP Sudhanshu Trivedi questioned the framing of the debate itself, arguing that the term “Hindutva” refers to “Hindu tattva” or the essence of Hindu philosophy. He said that associating Hinduism with the suffix “ism” was misleading and dismissive of India’s indigenous traditions.

“When you cherish Hinduism, it is called Hindutva,” Trivedi said, rejecting the distinction drawn by Aiyar.

BJP spokesperson Shehzad Poonawalla accused Aiyar of repeatedly making remarks that, according to him, insult Sanatan Dharma. He claimed that the comments echoed the Congress party’s broader stance on Hindutva.

Poonawalla also referred to past statements by Congress leaders and said that Hindutva has been defined by the Supreme Court as a “way of life.” He accused the party of attempting to portray Hindutva as violent and divisive.

Political debate intensifies

The exchange has added to the ongoing political debate over the relationship between Hinduism and Hindutva, a subject that has remained contentious in Indian politics. While Aiyar defended his views as ideological and historical critique, BJP leaders framed the remarks as an attack on religious identity.

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TVK chief Vijay to appear before CBI in Karur stampede probe

TVK leader Vijay will appear before the CBI in Delhi as part of the probe into the Karur stampede that claimed 41 lives during a political rally in 2024.

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Tamilaga Vettri Kazhagam (TVK) chief and actor Vijay is set to appear before the Central Bureau of Investigation (CBI) in Delhi on Monday in connection with the Karur stampede case that claimed 41 lives. The incident occurred on September 27 last year during a massive political rally addressed by Vijay, making it one of the deadliest crowd-related tragedies in Tamil Nadu’s recent political history.

Supreme Court handed probe to CBI

The investigation into the stampede has undergone multiple legal changes. Initially, the Madras High Court had constituted a Special Investigation Team (SIT) to probe the incident. However, the Supreme Court later transferred the case to the CBI, directing that the investigation be monitored by a panel headed by a retired Supreme Court judge.

The apex court also set aside a one-member commission earlier appointed by the Tamil Nadu government, observing that the matter required a more independent and credible inquiry. Notably, TVK itself had sought an independent probe into the tragedy.

A senior party source told media that Vijay would cooperate fully with the investigation and expressed hope that the truth would emerge through the CBI inquiry.

Police and Vijay trade blame

Following the stampede, the Tamil Nadu Police had attributed the chaos to Vijay’s alleged delay in reaching the venue, claiming the prolonged wait led to an uncontrollable surge of the crowd. Police officials had also pointed to inadequate arrangements such as food, drinking water and toilet facilities, stating that the situation worsened as the crowd grew restless.

Vijay rejected these allegations, calling them a conspiracy by the ruling DMK, a charge the party has denied. He, in turn, blamed the police for poor crowd management and failure to clear bottlenecks on approach roads leading to the rally venue.

Film certification issue adds political edge

Vijay’s appearance before the CBI comes amid a separate controversy over the delay in certification of his film Jana Nayagan, which was originally slated for release ahead of Pongal. While a single judge of the Madras High Court had directed the Central Board of Film Certification (CBFC) to grant certification, a division bench later stayed the order and adjourned the matter to January 21. Neither Vijay nor TVK has officially commented on the issue.

Opposition leaders, including those from the Congress, have alleged that central agencies are being used to exert pressure on TVK ahead of the Tamil Nadu Assembly elections due in a few months. Chief Minister MK Stalin recently remarked that the CBFC had “joined the list of central agencies being used as weapons by the Union government.”

The BJP has rejected these allegations. The party has also denied speculation that it is indirectly aiding TVK to split anti-DMK votes following its renewed alliance with the AIADMK.

Political stakes ahead of elections

Vijay has repeatedly described the upcoming Assembly election as a direct contest between the ruling DMK and TVK, referring to the DMK as his “political enemy” and the BJP as his “ideological enemy.”

Responding to questions on whether the ongoing CBI probe could make the party vulnerable to political pressure, a senior TVK leader said the party had faith in the investigation and would approach the courts if any undue pressure was applied.

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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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