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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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RSS not seeking political power, focused on uniting Hindu society, says Mohan Bhagwat

RSS chief Mohan Bhagwat said the organisation is not seeking political power but is focused on uniting Hindu society and promoting character-building during an interaction with athletes in Meerut.

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Mohan Bhagwat

Rashtriya Swayamsevak Sangh (RSS) chief Mohan Bhagwat on Friday said the organisation is not driven by any ambition for political power and is instead dedicated to uniting Hindu society and building individual character.

He made the remarks while interacting with nearly 950 national and international sportspersons at Madhav Kunj in Shatabdi Nagar, Meerut, as part of the RSS centenary outreach initiatives. According to participants present at the event, Bhagwat spoke for about 50 minutes and stressed the importance of social harmony and collective responsibility in nation-building.

Quoting Bhagwat, a participant said the RSS’ “sole objective is the organisation of the entire Hindu society and character-building of individuals,” adding that the organisation does not function in opposition to or competition with any specific group.

Emphasis on unity and cultural roots

Explaining his idea of India, Bhagwat said the nation goes beyond geographical boundaries and draws inspiration from figures such as Lord Ram, Lord Krishna, Lord Buddha, Lord Mahavira, Swami Vivekananda, Swami Dayanand and Mahatma Gandhi, participants said.

He reportedly stated that the term “Hindu” reflects unity in diversity rather than caste identity. Differences in modes of worship and deities, he said, do not weaken society as long as cultural harmony is preserved. He added that whenever social unity declined, the country faced crises.

The RSS chief outlined four foundational pillars of society — value inculcation, Sanatan culture, the spirit of dharma and adherence to truth — reiterating that the Sangh’s mission centres on strengthening society through individual development. Volunteers, he said, are active across various spheres of social life and prioritise national interest.

Sports as a tool for nation-building

Addressing the athletes, Bhagwat described sports as a powerful medium for bringing people together. He said nation-building is not the responsibility of any single organisation but of society as a whole.

Referring to Meerut’s historic role in the First War of Independence in 1857, he said the legacy later inspired Keshav Baliram Hedgewar to establish the Rashtriya Swayamsevak Sangh in 1925.

Bhagwat also shared five guiding principles for those interested in associating with the RSS — understanding the organisation from within, engaging with its affiliated bodies, supporting its programmes, maintaining dialogue and working selflessly for the nation. He also answered questions from athletes during the session.

Outreach events in Uttar Pradesh

Bhagwat is currently on a tour of Uttar Pradesh. Earlier, he attended a two-day outreach event in Lucknow on February 17 and 18 and had also visited Gorakhpur. During his stay in Lucknow, he briefly met Chief Minister Yogi Adityanath, while both deputy chief ministers called on him before he left for Meerut.

Arjuna Award-winning wrestler Alka Tomar described the programme as grand and praised the organisational efforts of RSS volunteers. She said sportspersons must contribute to nation-building and appreciated Bhagwat’s emphasis on working in the national interest.

Para Cricket Club of India player Surya Pratap Mishra of Bareilly, selected for a Sri Lanka tour, said Bhagwat assured support for para athletes to help them enhance the country’s pride. Kabaddi coach Pintu Malik from Shukratal in Muzaffarnagar termed the interaction inspiring, especially the message that players should support one another.

Bhagwat reached Meerut on Thursday night and held breakfast discussions on Friday with representatives from the sports and industry sectors. On Saturday, he is scheduled to interact with members of the intelligentsia, including representatives from education, industry, medicine, literature, art and trade. Entry to the event is restricted to invitees with passes issued by the RSS headquarters.

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BJP MLA Vungzagin Valte dies after prolonged battle with injuries from Manipur violence

Manipur BJP MLA Vungzagin Valte has died in Gurugram nearly two years after suffering severe injuries in the 2023 ethnic violence in Imphal.

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BJP MLA (1)

Manipur BJP MLA Vungzagin Valte, who had been battling severe injuries sustained during the outbreak of ethnic violence in May 2023, died at a hospital in Haryana’s Gurugram on Thursday.

Valte, a representative from the Thanlon assembly constituency in Churachandpur district, was attacked in Imphal when tensions between Meitei and Kuki-Zomi communities escalated into widespread clashes. The assault left him with critical head injuries that significantly affected his mobility and speech.

Long medical struggle after 2023 attack

Following the attack on May 4, 2023, Valte was admitted to a hospital in Delhi, where he spent several months in intensive care. According to his family, he suffered debilitating head trauma that left him wheelchair-bound and dependent on assistance for routine physical movements.

Despite prolonged treatment in the national capital for nearly two years, his health remained fragile. He later returned to Manipur, but complications linked to the injuries persisted.

Earlier this month, Valte complained of breathlessness and chest pain, prompting doctors to stabilise him in intensive care before he was flown to Delhi in an air ambulance on February 8. His condition had reportedly shown slight improvement before the transfer.

Family alleges role of Arambai Tenggol

Valte’s family had alleged that members of the Meitei group Arambai Tenggol were responsible for the attack in 2023. His son, David Mang Valte, had earlier stated that the MLA was assaulted while returning after meeting the then Chief Minister amid the communal crisis involving Kuki, Meitei and Zomi communities.

Valte belonged to the Zomi tribe and was serving as a BJP legislator from Thanlon at the time of his death.

Condolences pour in

Several political leaders expressed grief over his passing. Two-time MLA T Robindro Singh said his last meeting with Valte at Imphal Airport before he was airlifted for advanced treatment remains “deeply emotional and unforgettable.” He described Valte as a kind-hearted and humble leader who was always concerned about the welfare of the people.

Valte’s death marks the end of a prolonged and painful chapter that began with the outbreak of ethnic unrest in Manipur in 2023.

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Amit Shah launches Rs 6,900 crore Vibrant Village Programme-II in Assam

Amit Shah has launched the Rs 6,900 crore Vibrant Village Programme-II in Assam to develop 140 villages along the Bangladesh border with improved infrastructure and employment opportunities.

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Amit Shah

Union Home Minister Amit Shah on Thursday launched the second phase of the Vibrant Village Programme in Assam, announcing a Rs 6,900-crore investment aimed at strengthening development in border areas.

The initiative seeks to transform 140 villages along the Bangladesh border in Assam into centres of modern education, employment and infrastructure. Shah formally inaugurated the programme at Natanpur village in the Barak Valley region of the state.

Focus on education, jobs and infrastructure

Addressing the gathering, Shah said the programme would ensure that border villages receive facilities on par with other parts of the country. He credited Prime Minister Narendra Modi for prioritising development in these regions.

“Today, we are officially beginning the Vibrant Village Programme-II, and through this, we will bring development to bordering villages and facilities like any other place across the country. This has been possible because of Prime Minister Narendra Modi,” Shah said.

He added that Natanpur would not be known merely for its proximity to the border but for excelling in education, employment generation, road connectivity, telecommunications and electricity.

Coverage across 17 states

According to Shah, the Centre has earmarked Rs 6,900 crore under Vibrant Village Programme-II to develop 334 blocks and 1,954 villages across 17 states.

In Assam alone, nine districts, 26 blocks and 140 villages have been identified under the scheme. Shah said all amenities in these villages would match those available in other villages across India.

“There was a time when border villages were called the last villages and lacked many amenities, but Prime Minister Narendra Modi decided that all border villages will be the first villages. Now these villages will be first in road, sanitation, drinking water, communications, employment and education,” he said.

The programme aims to strengthen infrastructure and socio-economic conditions in border areas, particularly those along the Bangladesh frontier in Assam.

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