Monthly Archives: MAY 2018


SC reserves verdict on pleas challenging validity of Aadhaar law; Judge recalls personal experience
10.05.18 - Team PT
SC reserves verdict on pleas challenging validity of Aadhaar law; Judge recalls personal experience



NEW DELHI, May 10: The Supreme Court on Thursday reserved verdict on a clutch of 27 petitions challenging the constitutional validity of Aadhaar law on the ground that it violated human rights and right to privacy in every possible way and subjected the citizens to continued surveillance.

A five-judge Constitution Bench comprising Chief Justice Dipak Misra and Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan reserved verdict at the conclusion of marathon arguments for 38 days spread over nearly four months from January 17 and three days a week.

Supreme Court judge Justice D Y Chandrachud, while hearing the petitions challenging the Aadhaar scheme's constitutional validity, on Wednesday recalled a personal experience of how his mother, who was suffering from Alzheimer's disease, had faced difficulty in authentication to get her pension. 

The court was examining the contention that the 12-digit Unique Identification number given out to 1.2 billion Indians, violates the Right to Privacy, which was named a fundamental right by the top court last year.

The government had made Aadhaar compulsory for a host of services and welfare measures, including bank accounts, PAN cards, cellphone services, passport and even driving licenses. It was made the overarching proof of identity and residence, over-riding all other prior identity proofs.

The petitioners argued that Aadhaar -- built on a mammoth biometric database comprising fingerprints and iris scans -- cannot be made mandatory. They also contended that this huge database was open to compromise, citing a number of instances of data breach that had triggered a huge debate.

Arguing that the Aadhaar law impacts human life, the petitioners demanded that it be scrapped.

A battery of lawyers including Attorney General K K Venugopal, who represented the Centre and senior advocates like Kapil Sibal, P Chidambaram, Rakesh Dwivedi, Shyam Divan, Arvind Datar, Rakesh Dwivedi had appeared for various parties.

Former Karnataka High Court judge Justice K S Puttaswamy and other petitioners had challenged the constitutional validity of Aadhaar.

The court had also not agreed with the government's contention that the Aadhaar law was correctly termed as a Money Bill by the Lok Sabha Speaker as it dealt with "targeted delivery of subsidies" for which funds came from the Consolidated Fund of India.

On May 3, the Centre had strongly defended its decision to seed Aadhaar numbers with mobile phones, telling the top court that it could have been hauled up for contempt if the verification of mobile users was not undertaken by it. However, the court had said that the government had misinterpreted its order and used it as a "tool" to make Aadhaar mandatory for mobile users.
 
The petitioners had referred to the technical experts' views on the technical aspect of the Aadhaar architecture and said that real-time surveillance of citizens was possible. Earlier, the court also did not agree with the government's contention that the Aadhaar law was correctly termed as a Money Bill by the Lok Sabha Speaker as it dealt with "targeted delivery of subsidies" for which funds come from the Consolidated Fund of India.

Aadhaar authentication failures could create problems for those in need and some solution had to be found to address the issue, said the Bench. Recalling his experience, Justice Chandrachud said "my mother, who was suffering from Alzheimer's disease was entitled to family pension being the wife of a former Chief Justice of India (late Justice Y V Chandrachud)"."She had to give a thumb impression for authentication."

"I recall, every month the bank manager or his representative would come home and affix her thumb print on certain documents and only then could she get the pension," Justice Chandrachud said. "So it (authentication) is a serious issue. It's not largesse. It is not charity... we have to find answers for these problems," he said, adding that there was a class of needy people who may not get the benefits due to authentication failures.

The apex court judge was responding to the arguments of senior advocate Shyam Divan, appearing for former High Court judge Justice (Retd) K S Puttaswamy, who said a 90-year-old woman suffering from various ailments is being threatened that her bank account could be closed for non-authentication by Aadhaar. Divan said that through that bank account, she was getting her pension and she uses that money for her treatment as she has no one else to look after her."There are numerous cases where the Aadhaar authentication failures of the elderly, people suffering from any disease or physical disability, leads to denial of benefits to those otherwise entitled to it," Diwan said.He said in many villages, young people have now migrated to cities or nearby towns and only the elderly residing there were dependent on their pension or other grants. But due to Aadhaar authentication failure, they were not getting the benefits.

Divan sought to assail a World Bank report which had praised the Aadhaar project and which was relied upon by the government to bolster its case for the 12-digit unique identification number. He said the World Bank had partnered with a private entity for preparing the report titled 'Identification for Development'.Divan claimed that the same private entity was also the company with which UIDAI had partnered to facilitate Aadhaar.

Divan told the apex court that there were 144 notifications issued by various ministries and departments of the government which covered 252 schemes. The senior lawyer concluded his rejoinder arguments saying that essential government schemes that apply to children or relate to citizen's rehabilitation, food, health, and nutrition should be excluded from the requirement of Aadhaar authentication.
 

Disclaimer : PunjabToday.in and other platforms of the Punjab Today group strive to include views and opinions from across the entire spectrum, but by no means do we agree with everything we publish. Our efforts and editorial choices consistently underscore our authors' right to the freedom of speech. However, it should be clear to all readers that individual authors are responsible for the information, ideas or opinions in their articles, and very often, these do not reflect the views of PunjabToday.in or other platforms of the group. Punjab Today does not assume any responsibility or liability for the views of authors whose work appears here.

_______________________________________________________________

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Punjab Today believes in serious, engaging, narrative journalism at a time when mainstream media houses seem to have given up on long-form writing and news television has blurred or altogether erased the lines between news and slapstick entertainment. We at Punjab Today believe that readers such as yourself appreciate cerebral journalism, and would like you to hold us against the best international industry standards. Brickbats are welcome even more than bouquets, though an occasional pat on the back is always encouraging. Good journalism can be a lifeline in these uncertain times worldwide. You can support us in myriad ways. To begin with, by spreading word about us and forwarding this reportage. Stay engaged.

— Team PT






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Comment by: bharat kapoor

Lawyers are trying hard to inveigle judiciary in helping them and others of their ilk hide incomes from Tax authorities.

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Comment by: CHANGE INDIA

Scrap Aadhar, it is useless tool used like a blind OX to plough land.

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ARMY, AZADI & KASHMIRI YOUTH
Azadi will never happen, you can’t fight us: Army Chief to Kashmiri youth
09.05.18 - Team PT
Azadi will never happen, you can’t fight us: Army Chief to Kashmiri youth



The forces haven’t been "so brutal”; look at Syria and Pakistan "how they are using tanks and air power in similar situations.” - General Rawat.
 
The Indian army chief General Bipin Rawat, in a message to Kashmiri youth, has said that Azadi [freedom] is not possible as "we will always fight those who seek Azadi”, a media report said today.

Rawat said the forces haven’t been "so brutal” and asked the Kashmiri youth to look at Syria and Pakistan and see "how they are using tanks and air power in similar situations,” reported Indian Express.
 
Gen Rawat, according to the report, expressed concern over Kashmiri youth "picking up the gun” and said they were being misled to believe "this path will bring Azadi”.

"I want to tell Kashmiri youth that Azadi isn’t possible. It won’t happen. Don’t get carried away unnecessarily. Why are you picking up weapons? We will always fight those who seek Azadi, those who want to secede. (Azadi) is not going to happen, never,” he said.

On the number of militants being killed in the gunfights, he said: "These numbers don’t matter to me because I know this cycle will continue. There are fresh recruitments happening. I only want to stress that all this is futile, nothing is going to be achieved by them. You can’t fight the Army”.
 
Gen Rawat said that he is perturbed by the killings. "We don’t enjoy it. But if you want to fight us, then we will fight you with all our force. Kashmiris have to understand that the SFs (security forces) haven’t been so brutal — look at Syria and Pakistan. They use tanks and air power in similar situations. Our troops have been trying their level best to avoid any civilian casualty despite huge provocation,’’ he said. 

"I don’t understand why people are coming out in huge numbers to disrupt our operations. Who is inciting them? If they want that the militants aren’t killed, they should go and tell them to come out without their weapons so that nobody is killed,’’ he said. "Let anyone of them say — mein le kay aata hun (I will bring him out). We will halt our operation.”

He said that the youth by pelting them with stones are "inciting security forces to become more aggressive.”

General Rawat said that he understands that "there isn’t a military solution to this issue”. "This is why we want politicians, political representatives to go into villages especially in South Kashmir to talk to people. But they are scared that they will be attacked,’’ he said. "It will happen once there is calm. And we are hopeful that people will soon realize that all this is futile and start thinking differently”.

The Army chief said he is "ready to suspend” military operations to avoid civilian casualties. "But who will guarantee that there won’t be fire at our men, at our vehicles? Who will guarantee that policemen, political workers, our men returning home on leave aren’t attacked, aren’t killed?’’ he asked.
 

Disclaimer : PunjabToday.in and other platforms of the Punjab Today group strive to include views and opinions from across the entire spectrum, but by no means do we agree with everything we publish. Our efforts and editorial choices consistently underscore our authors' right to the freedom of speech. However, it should be clear to all readers that individual authors are responsible for the information, ideas or opinions in their articles, and very often, these do not reflect the views of PunjabToday.in or other platforms of the group. Punjab Today does not assume any responsibility or liability for the views of authors whose work appears here.

_______________________________________________________________

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_______________________________________________________________


Punjab Today believes in serious, engaging, narrative journalism at a time when mainstream media houses seem to have given up on long-form writing and news television has blurred or altogether erased the lines between news and slapstick entertainment. We at Punjab Today believe that readers such as yourself appreciate cerebral journalism, and would like you to hold us against the best international industry standards. Brickbats are welcome even more than bouquets, though an occasional pat on the back is always encouraging. Good journalism can be a lifeline in these uncertain times worldwide. You can support us in myriad ways. To begin with, by spreading word about us and forwarding this reportage. Stay engaged.

— Team PT


 




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DYAL SINGH COLLEGE CONTROVERSY
Either move privilege motion against Javadekar for misleading or quit ministry: Sarna to Harsimrat Badal
04.05.18 - Team PT
Either move privilege motion against Javadekar for misleading or quit ministry: Sarna to Harsimrat Badal



NEW DELHI, April 4: The RSS has audaciously shown the Badals their place, with a small-time chairman of a DU institution over-riding their central minister’s widely-circulated letter of protest over the renaming of Delhi’s Dyal Singh College, SADD chief Paramjit Singh Sarna said today.

"Courtesy of the Badals, the sentiments of the Sikh community for its academic icon Dyal Singh Majithia have been given a kick in the teeth by college chairman Amitabh Sinha,” noted  Sarna.
 
"This, after union minister Harsimrat Kaur Badal went to town, planting her protest letter to PM Modi in every media outlet of the country. She also planted rhetoric that she put her foot down in a cabinet meeting chaired by the prime minister by lodging ‘strong objections’ over Sinha’s moves to internally rename the institution as Vande Matram Dyal Singh College.”

But a day later, chairman Sinha — a hardline RSS advocate — asserted his supremacy, saying the college management and the DU were well within their rights to rename institutions.

"Led by Harsimrat Badal, Akali MPs now must vow a privilege motion against HRD minister Prakash Javadekar, who publicly promised that no renaming of Delhi’s Dyal Singh College would be allowed. If the Badals cannot realistically confront the ruling BJP that way, their minister should quit her post and MPs pull out of the NDA immediately as a sign of self-respect, if at all it’s left,” Sarna remarked.

But if they had any say in the government, Sinha would never have defied them as he did, the SADD chief observed. "By now, the chairman would have been told to put his papers in. Instead, he went ahead with a press conference to declare the RSS doesn’t give a damn to the Badals,” said Sarna.

The writing unfortunately is clear on the wall, noted the SADD president.
 
"The Badals surrendered abjectly before the RSS. The result is for every Sikh to see. The Sangh is out there to saffronise our legacies. But we will not take this hands down, even if that means moving the Supreme Court of India in our endeavour to protect our heritage and identity,” Sarna said.

Disclaimer : PunjabToday.in and other platforms of the Punjab Today group strive to include views and opinions from across the entire spectrum, but by no means do we agree with everything we publish. Our efforts and editorial choices consistently underscore our authors' right to the freedom of speech. However, it should be clear to all readers that individual authors are responsible for the information, ideas or opinions in their articles, and very often, these do not reflect the views of PunjabToday.in or other platforms of the group. Punjab Today does not assume any responsibility or liability for the views of authors whose work appears here.

_______________________________________________________________

Most shared Punjab Today articles: 

The Comrade In Punjab - Lost, Irrelevant, Asleep, Even Bored!

WE MISSED A REVOLUTION, BUT CAN IT STILL BE A GAME CHANGER?

A POLITICIAN SPEAKS – YOU SHOULD HEAR

ENCOUNTER, JULOOS & SELFIES

SOWING ANGER - NO QUICK FIX - Democracy is an Empty Ritual in Punjab

OUT-OF-BOX SOLUTION TO STOP FARMERS' SUICIDES

WATERS ROYALTY - The Loot that Rajasthan Committed

'THORRI BAHUTI EHNA NU SHARAM AUNI CHAHEEDI HAI'

ASSEMBLY COMMITTEE ON SUICIDE-HIT BATS FOR AARHTIYAS

RANGROOT OFFERS A PEEK INTO PUNJAB'S TRAGEDY

WHAT MAKE NEWS IN INDIA, AND WHAT DOES NOT?

HITLER, MODI & GANDHI: ON THE SAME PAGE?

PUNJAB IS STILL VERY FAR FROM INDIA

APOLOGY – AKALIS BIG LOSER, CONG TOO 

AMARINDER GOVT's LOVE FOR FARMERS, AND MY DAD's FOR HIS SCOOTER

SUPER EFFICIENCY ONBOARD CM’S CHOPPER

OF SUNNY KID & HORSE SENSE: The Punjab-Punjab Ties: The Coordinated Silence of Amarinder Singh & Badals

PM MODI VINDICATES PUNJAB TODAY REPORTAGE

NEW DELHI V/S OTTAWA — WILL QUEBEC DEFEAT INDIA?        

A SAFFRON JOURNEY VIA CANADA - Trudeau came to Punjab, pushed Amarinder closer to BJP, then called him a liar

JASPAL ATWAL CONTROVERSY: Mr. Ujjal, will you throw some light on this too?   

TRUDEAU VISIT AND RIGHT-WING MEDIA MACHINE

J&K – RAM MADHAV LEAVES SPACE FOR MEHBOOBA’S POLITICS

SHEKHAR GUPTA'S HALF-BAKED TRUTHS 

OF NIRMAL SINGH'S EYES - Karze Ne Layee Ikk Hor Kisan Di Jaan...

PNB Scam: Who is Nirav Choksi and what he is doing In the name of God?

Congress upset due to Priyanka’s cleavage on calendar 

RENUKA'S LAUGHTER: Thank you for your guffaws. We needed this non-violent weapon.

MR CLEAN to PAKKE DHEETH: How Punjab’s Congress hurt Brand Rahul Gandhi? 

MANJIT SINGH CALCUTTA– THE DISSENTER

PUNJAB FARMERS AND IPL CRICKETERS - Finally, they can stand like equals

Mr. CHIEF MINISTER, PLEASE CALL OFF JANUARY 7 FUNCTION. My teacher is not alive, but you please call it off!

SUKHBIR IS RIGHT – On 97th anniversary  Panth Khatre Vich Hai. Where does this threat come from?

THE FINAL HONESTY CERTIFICATE: ISSUED BY THE TRIBUNE

NO TIME TO READ THIS STORY? – That’s OK - Please do not feel guilty 

BAD, BAD WOMAN! – Punjab’s top playwright slams woman complainant against Langah

MR PRESIDENT, PLEASE TAKE BACK HIS GALLANTRY MEDAL – On Amod Kanth’s badge of shame

RELAX! ALL 30 WERE DERA PREMIS – Panchkula says something stinking about its conscience

PUNJAB: AN IDEA IN SEARCH OF WORDS: Punjab, more than a poster boy of progress or a renegade from modernity

_______________________________________________________________


Punjab Today believes in serious, engaging, narrative journalism at a time when mainstream media houses seem to have given up on long-form writing and news television has blurred or altogether erased the lines between news and slapstick entertainment. We at Punjab Today believe that readers such as yourself appreciate cerebral journalism, and would like you to hold us against the best international industry standards. Brickbats are welcome even more than bouquets, though an occasional pat on the back is always encouraging. Good journalism can be a lifeline in these uncertain times worldwide. You can support us in myriad ways. To begin with, by spreading word about us and forwarding this reportage. Stay engaged.

— Team PT





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call number: +91-9500703584
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