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2018 It is being republished in light of the Supreme Court’s verdict on the constitutionality of Aadhaar likely being pronounced tomorrow On Day 31 of the Aadhaar hearings senior counsel Rakesh Dwivedi continued his arguments on behalf of the Unique Identification Authority of India (UIDAI) He argued extensively on the issue of balancing of fundamental rights arguing that this balance is a symbol of justice Further he discussed the reasonable expectation of privacy with respect to the data collected under the Aadhaar Act Representational image Reuters Amartya Sen on un-freedom Dwivedi commenced his arguments for the day by quoting Amartya Sen ‘Development requires the removal of major sources of un-freedom poverty as well as tyranny’ The Bench here observed that liberating people from un-freedom or povertywas at one end of the spectrum and privacy at the other Aadhaar they said is only a means of identification and thus the only caveat is that there should be no exclusion Here the counsel repeated his argument that the advantage of Aadhaar was that it made the provider of benefits come face to face with the beneficiaries The Bench here observed that this may not be the best model since the individual should not be a supplicant and instead the State has a duty to provide him with benefits Aadhaar and the protection of human rights The counsel then cited the Statement of Objects of the Protection of Human Rights Act 1993 which sets up the National Human Rights Commission and State Human Rights Commission for the protection of human rights India being a signatory to many related international treaties on this was also cited Next he argued that various judgments of the Supreme Court which discuss economic and social welfare had led to the enactment of the Aadhaar Act Balancing fundamental rights in view of public interest He then turned to various landmark judgments which dealt with the need to balance the various fundamental rights The case of Subramaniam Swamy v Union of India on criminal defamation was discussed The discussion was on the balancing of the right to freedom of speech against the right to reputation Next X vs Hospital Z was cited where an HIV patient’s right to marry and right to privacy has to be balanced against his fiance’s right to know These cases laid down the test to be applied to balance in case of a conflict under Article 21: the test is of the larger public interest and the balance that would in certain circumstances advance public morality Two types of conflict for balancing rights Along these lines several case laws were cited including GSundarrajan v Union of India on the set up a nuclear power plant Asha Ranjan v State of Bihar which discussed balancing of rights in relation the respondent’s right to a fair trial and other cases Two types of conflicts were drawn out that between two individuals with respect to the same fundamental right and that between two separate rights under the same fundamental right for a single individual Further it was argued that Section 7 of the Aadhaar Act covers the human rights of the people of the country The Court it was urged must act as a sentinel to ensure that the right to privacy is balanced with all other rights under Article 21 that Aadhaar covers It was argued that balance is a symbol of justice and there shouldn’t be extremes with the rights in question Instead both should exist Further the case of Indu Devi v the State of Bihar was cited where a woman’s right to choose to have an abortion was dealt with against her right to life Further the counsel argued that privacy was a small price to pay for ensuring life itself along with other rights under Article 21 of the Constitution A woman waits for her turn to enrol for the Unique Identification (UID) database system Aadhaar at a registration centre in New Delhi India Image: Reuters Reasonable expectation of privacy Next the counsel turned to the reasonable expectation of privacy quoting from the Puttaswamy judgment on the matter Further a distinction was drawn between the types of information dealt with under the Aadhaar Act for demographic information optional demographic information (mobile numbers and e-mail) core biometric information and biometric information such as photographs He argued that most data collected by Aadhaar was basic data that was available everywhere The Bench here observed that caste religion etc were excluded from the ambit of the Aadhaar Act He argued that the reasonable expectation of privacy varies from one set of data to the other for instance it will be lower with respect to demographic information and photographs since such information is already publicly available Public apprehensions with Aadhaar data misuse The counsel further argued that the only concern was the real and general apprehension of the public with respect to Aadhaar The Bench here observed that the question was of using the data in a manner and for purposes which are unauthorised and against the individual Further it was observed that some of the fears of the public were misconceived The arguments will continue on 24 April 2018 Sources of arguments include live-tweeting of the case by Prasanna S and SFLCinand Written Submissions of the counsel You can read our complete coverage of the Aadhaar Supreme Court case below Why SC needs to look into technical evidence of Aadhaar’s surveillance capabilities Lack of governmental ownership of CIDR’s source code can have serious consequences Will State give citizens rights only if they agree to betracked forever asks lawyer Shyam Divan Coalition for Aadhaar: A collective of private companies wants to ensure that Aadhaar ID and related services continue to be offered Petitioners argue on centralisation of data and challenge Aadhaar’s claims on savings Petitioners argue for a voluntary ID card system that does not collect user data Petitioners argue that receipt of govt benefits cannot be at the cost of compromising fundamental rights Aadhaar is architecturally unconstitutional argue the petitioners Petitioners argue that Aadhaar violates dignity by objectifying and depersonalizing an individual Petitioners seek compensation for starvation deaths and extension of March 31st deadline Section 7 exception in Supreme Court’s interim order greatly affects people’s constitutional rights Entire Aadhaar project is beyond the stated objectives of Aadhaar Act argue petitioners Petitioners conclude their arguments on ‘the number of the beast’ Aadhaar highlighting various issues Aadhaar hearing: Political liberties cannot be foregone for economic and social justice states the Bench Aadhaar hearing: UIDAI’s presentation discusses Aadhaar enrolment updation and authentication processes in detail Aadhaar hearing: Supreme Court expresses concerns with data breaches Aadhaar security and profiling Aadhaar hearing: Petitioners question UIDAI on verification of residency requirement de-duplication rejections and authentication failures Aadhaar hearing: Attorney General argues that pervasive collection of fingerprints meets proportionality requirements Aadhaar hearing: Bench criticises the argument that Aadhaar can prevent bank frauds and terrorists from acquiring mobile numbers Aadhaar hearing:Additional Solicitor General argues Aadhaar-PAN linkage enables deduplication prevents fraud and widens the tax base Aadhaar hearing: Not necessary to prove least possible invasion of privacy argues Additional Solicitor General Aadhaar hearing: Counsel argues that Aadhaar is more secure than a data protection law SC disagrees Aadhaar hearing: Supreme Court questions why both the right toprivacy and right to food cannot be secured under the Constitution The author is a lawyer and author specialising in technology laws She is also a certified information privacy professional Xi proclaimed that "we Chinese love peace, traffic signs and banners. the E3 in particular, in chemistry, ) Eventually, If we just 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