English हिन्दी
Connect with us

India News

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

Published

on

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.

India News

Abhishek Banerjee says will not bow to BJP after nearly 11 hours of ED questioning

After spending nearly 11 hours before the Enforcement Directorate, TMC leader Abhishek Banerjee said he would not bow to the BJP and accused the ruling party of using investigative agencies for political purposes.

Published

on

Abhishek Banerjee

Trinamool Congress leader and Diamond Harbour MP Abhishek Banerjee on Tuesday said he would not bow to the BJP after spending nearly 11 hours being questioned by the Enforcement Directorate (ED) in connection with an ongoing investigation.

Speaking after the questioning, Banerjee alleged that central agencies were being used to target opposition leaders and asserted that he would continue his political fight despite what he described as sustained pressure.

The TMC leader has repeatedly maintained that investigations involving him are politically motivated, a charge he has made on several previous occasions while appearing before central agencies.

His appearance before the ED comes amid a period of heightened political activity and multiple investigations involving leaders in West Bengal. Recent days have also seen Banerjee face summons and questioning in separate matters by state investigative agencies.

After leaving the ED office, Banerjee reiterated that he would not be intimidated and said he remained committed to his political responsibilities. He also accused the BJP of attempting to weaken opposition parties through investigative action, an allegation that the BJP has rejected in the past.

The Enforcement Directorate has not publicly commented on Banerjee’s remarks. The investigation related to the questioning remains ongoing.

Continue Reading

India News

DMK attacks Rahul Gandhi, accuses him of weakening opposition unity

DMK has intensified its criticism of Rahul Gandhi, alleging that the Congress leader’s actions have weakened opposition unity and strained relations within the INDIA bloc.

Published

on

Rahul-Gandhi

The war of words between the DMK and Congress has intensified, with the DMK launching a strong attack on Leader of Opposition Rahul Gandhi and accusing him of contributing to divisions within the opposition alliance. The criticism comes amid strained ties between the two parties following their political split in Tamil Nadu.

According to the DMK, Rahul Gandhi’s political approach has weakened unity among opposition parties. The party’s IT wing mocked the Congress leader on social media, while an editorial published in the DMK’s official mouthpiece Murasoli questioned his recent remarks on opposition solidarity.

DMK questions Rahul Gandhi’s remarks on opposition unity

In its editorial, Murasoli argued that Rahul Gandhi was speaking about opposition unity despite, according to the DMK, contributing to disagreements among alliance partners in several states. The publication cited criticism directed at Congress by various opposition parties and suggested that the party’s actions had often created tensions within the INDIA bloc.

The editorial also referred to past political disputes involving Congress and Left parties, particularly in Kerala, claiming such episodes had raised concerns among opposition allies about Congress’s approach toward its partners.

Tamil Nadu political fallout adds to tensions

The attack comes after a major political realignment in Tamil Nadu. Following the 2026 Assembly elections, Congress ended its alliance with the DMK and joined the government led by Vijay’s Tamilaga Vettri Kazhagam (TVK). The move left the DMK in the opposition and significantly altered the political equation between the two former allies.

The DMK has alleged that Congress benefited from the alliance during the election and later abandoned its partner. The party’s editorial questioned whether assurances from Congress leadership would be trusted by alliance partners after the developments in Tamil Nadu.

Congress rejects allegations

Congress has not issued a detailed official response to the editorial, but party sources have rejected the allegations. According to the party, its decisions in Tamil Nadu were made in line with the mandate delivered by voters and were not intended to undermine either the DMK or the broader opposition alliance.

The latest exchange highlights growing strains between two key opposition parties even as leaders continue to stress cooperation on national issues. Just days earlier, Rahul Gandhi had said that the DMK remained aligned with the opposition on defending the “idea of India” despite political differences.

Continue Reading

Entertainment

Kumkum Bhagya actor Sanchita Ugale dies by suicide near Mumbai at 22

Television actor Sanchita Ugale, known for Kumkum Bhagya and Wagle Ki Duniya, died by suicide at her residence near Mumbai. Police have launched an investigation.

Published

on

Sanchita Ugale

Television actor Sanchita Ugale, known for her appearances in Kumkum Bhagya, Wagle Ki Duniya and Dilwali Dulha Le Jayegi, died by suicide at her residence in Nalasopara East near Mumbai on June 14. She was 22.

According to police officials, the incident took place at her home in Achole village, Nalasopara East. Authorities said Ugale had locked herself inside her bedroom and was later found hanging from a ceiling fan. Family members and local residents rushed her to a hospital, where doctors declared her dead.

Police have registered an Accidental Death Report (ADR) and launched an investigation into the circumstances surrounding her death. Officials said inquiries are underway and the exact reason behind the incident has not yet been established.

Career across television, OTT and films

Ugale had built a growing presence in the entertainment industry through television, streaming projects and films. Apart from Kumkum Bhagya and Wagle Ki Duniya, she played a lead role in Dilwali Dulha Le Jayegi. She also appeared in OTT projects such as Crime Aaj Kal and Silence 2.

The actor was also associated with the film Chhaava, which contributed to her growing recognition among audiences.

Last social media post draws attention

Following news of her death, social media users shared and commented on Ugale’s final Instagram post, which had been uploaded hours before the incident. The post showed the actor in traditional attire lip-syncing to a classic Bollywood song. Fans expressed shock and grief after learning of her death.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com