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Constitutional Validity of Aadhaar, Day 8: No State has the right to make any citizen feel vulnerable

This is a record of the proceedings in the Supreme Court bench hearings on the Constitutional validity of Aadhaar. You may read the previous days here: Day 1, Day 2, Day 3, Day 4, Day 5, Day 6., Day 7. Kapil Sibal continued to present the case, clarifying that he had meant that Section 8 (3)(c) is 'completely wrongly drafted' with respect to "alternatives", because for authentication, according to definition, there is no scope for alternatives. Some discussion followed with Justices Sikri and Khanwilkar thinking there may be alternatives, Justice Bhushan suggesting that they may be for verifying rather than authenticating, Justice Chandrachud thinking the act contemplates something else, other than demographic and biometric information as identity and Mr. Sibal explaining the problems with "one nation, one identity" but they agreed that this line of argument was more political than legal and moved on. Mr. Sibal submitted that Israel is the only other country in which even a remotely similar central id system exists. To a query by Justice Sikri, he explained that we are more than our Aadhaar numbers. Brief levity ensured when Justice Chandrachud quipped that he was yet to get over 8 (3)(c). Mr. Sibal presented the different ways of authenticating - Biometric, Demographic and using an OTP. Mr. Sibal explained that most jurisdictions with an implementation of biometrics have the biometrics encrypted in a smart card so that they can't be stolen. He clarified that he was not questioning a policy decision, but the constitutionality of the method of storage…

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Vidyut is a commentator on socio-political issues with a keen interest in behavioral sciences, digital rights and security and manages to engage her various proficiencies to bring an unusual perspective to issues related with the intersection of tech and people.

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