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SupremeCourtObserver @clprscobserver
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#Aadhaar Day 9; Session 1 - @KapilSibal begins with reading a newspaper report abt, how ppl are being denied pension because of Aadhaar. Justice Bhushan enquires - if there are so many problems with Aadhaar, then why 1.2 billion ppl have enrolled for it? #scobserver,
replies that difference between enrolment and requirement of authentication each time. Authentication requirement continuously leads to exclusion, which is a ground for challenging Aadhar. J. Bhushan seems non-convinced. #scobserver
J. Chandrachud says that exclusion can be because of 2 factors - lack of infrastructure and biological factor like old age. Observes that government can upgrade infrastructure. ASG Tushar Mehta questions claim of exclusion due to Aadhaar. #scobserver #Aadhaar
Bench asks ASG to explain further. Counsel Rakesh Dwivedi says that there are statutory mechanisms to ensures that people are not excluded because of Aadhar. Cites S.7 of Aadhar Act where in case of authentication problem, person can show the card and number #scobserver
cont., Rakesh Dwivedi addressing the point about old age submits that provision for exception to be made for ppl who cant provide biometric info. Says that Aadhar does not lead to exclusion either at enrolment or authentication stage #scobserver #Aadhaar
ASG Tushar Mehta argues that 96% ppl enrolled under Aadhar. Govt has taken steps to ensure that there is no exclusion for lack of infrastructure or Aadhaar card. #scobserver #Aadhaar
continues with S.7 argument - says that high possibility of exclusion if people are not able to authenticate their biometrics. . J. Sikri replies that S.7 can be interpreted in manner where if authentication fails, then proof of enrolment can be given. #scobserver,
cont. Kapil Sibal submits that it would amount to adding "or" in S.7. J. Chandrachud says that section can be interpreted so that there is no exclusion. #scobserver, #Aadhaar
moves to discussing UK Biometric Identity Project, which was scrapped in 2010. Argues that Aadhar claims to achieve the same objective - detect illegal migration, fight terrorism and prevent identity fraud for welfare. Reads various objections to UK Project by MPs.
argues that there is distinction between social security cards and Aadhar. Says Aadhaar is "identity+" J. Chandrachud asks - what is "plus". replies "plus"is metadata. #Aadhar #scobserver
Then @KapilSibal says that Sec.3,4,8,57 in addition toS.7 need to be struck down. Argues, S.57 allows making Aadhaar mandatory for non-welfare services even by private parties. Says that even if Sec.7 not there, then State can make Aadhar compulsory under different Statues (cont.
like Food Security Act through Sec.57. Assails Aadhaar Act by telling that all proofs of identity, which are otherwise acceptable are excluded by Act. J. Sikri disagrees - says that alternate identity proofs allowed at stage of enrolment. #Aadhar
asks that what is the logic of allowing alternate id proofs for enrolment but not for identification. #scobserver #Aadhar
summarises for bench - ID card can be there but authentication should be optioned, data should be on card and citizens should have choice in alternatives. Bench rises. @KapilSibal to continue on Tuesday(13.02.2018)
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