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Constitutional Validity of Aadhaar, Day 37: “Is Aadhaar really for the oppressed?”

This is a record of the proceedings in the Supreme Court 5 judge bench hearings on the Constitutional validity of Aadhaar, which began on Feb 13, 2018. You may read the entire series here. The previous's day coverage in this series is here. Senior Advocate Shyam Divan continued his submissions. He refreshed the Court's memory on Prof. Manindra Agrawal's report and the conclusions he drew from that for the Court. He continued to read out the UIDAI'S answers to the questions posed by the petitioners. Divan talked about how inorganic seeding is happening under Aadhaar. He said that banks and telecoms were linking Aadhaar numbers of individuals with their bank accounts and mobile numbers without their permission. It's called inorganic seeding. Divan described the UIDAI's responses on surveillance and tracking location and activity and failure rates as evasive. "Their idea of candour is perhaps different from ours," he said. He pointed out that the security at the AUA and KUA level is compromised, no matter how secure the CIDR is. He said that if there are nine failures and one success, UIDAI treats it as 100% success. On a follow up question, the CEO declined to answer. Divan then talked about the pre-Aadhaar Act regime. He said that UIDAI collected the biometrics of a 100 crore people without statutory or other written authority. This is the size of the entire population of Europe and North America. He argued that in a republic like ours, basic rule of law demands that there has to be written authority…

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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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