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#Aadhaar final hearing- Day 17: Hearing to commence shortly. KV Viswanathan will continue with his arguments.
Missed first 15 mins of the hearing.
KVV: Now distinguishes between compulsion by State and non- State actors.
KVV: Reads an article ' The relational nature of privacy' and identifies the types of harms caused by the State in case of search and seizure.
KVV: Says that State doesn't have the power to compel citizens to do particular acts except in certain defined circumstances.
KVV: Then goes on to detail the limits of compulsion by law on individual freedoms.
KVV: Says that on the aspect of Section 7, subjecting vast majority of people to a probabilistic method of authentication is of grave concern.
KVV: Submits that the presumption of criminality inherent in the collection of identity information is disproportionate and arbitrary.
KVV: Says that sexual assaults are going undetected. Says if it made compulsory for all males to submit their DNA samples so that in case of a victim of harassment, it is to later matched from the database , will it pass the muster?
KVV: Says that in case of Aadhaar, biometric data of individuals is collected by enrollment agencies who are private entities.
Says that there is no judicial or independent oversight.
KVV: Says that on point of storage, Aadhaar Act is violative of privacy. Says that centralised storage of data in CIDR is disproportionate.
KVV: Further says that absence of a right to access one's own biometric data is violative of Art. 19 & 21 and represents state's failure to fulfill its obligation of providing unimpeded access to the individuals' own data.
Reads the case of MG v. UK.
KVV: Says that the Act lacks purpose limitation. Says it is an 'open ended general purpose vehicle'.
Reads the case of S v. Marper.
KVV: Says that the Act legitimises mass surveillance by State which is antithetical to the principles of democracy.
Further says that it doesn't define 'national security' and doesn't require any ex-ante or ex-post independent oversight.
KVV: Says that section 7 is unconstitutional and violates article 14.
Says that it has resulted in the exclusion of most marginalized sections of society.
Gives the examples of rates of authentication failures in Rajasthan(37%) and Jharkhand (49%), citing Economic Survey of India
KVV: Says that the validity of the Act is to be judged not by its object but by its direct effect on the fundamental rights of the individuals.
KVV: Says that mandatory authentication at point of use violates Art. 21. Says right to food is a fundamental right. Says mandatory authentication violates their right to choose how to identify themselves.
KVV: Submits that govt. has failed to discharge its burden of proof to justify such infringement under Art. 21.
It has also failed to show how Aadhaar has resulted in stopping the losses and caused significant savings.
KVV: Says that wherever Aadhaar is not given or linked, it is taken as savings or plugging of leakages.
KVV: Says there are four incorrect assumptions in the claims of savings. Says that they have assumed that leakages caused only due to identity fraud.
Bench rises for the day.
Hearing to continue tomorrow at 11:30 am.
CJI wants petitioners to finish their arguments by afternoon Tuesday, 20th March.
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