#Aadhaar (Day 31) hearing will commence shortly.
"Development requires the removal of major sources of un-freedom, poverty as well as tyranny"- Senior Advocate Rakesh Dwivedi quotes Amartya Sen.
CJI: Liberating people from un-freedom (poverty) is at one end of the spectrum and right to privacy is on the other.
J. Chandrachud: Aadhaar is a means for identification according to you. The only caveat to that is that there should be no exclusion.
J. Chandrachud: Aadhaar is a means for identification according to you. The only caveat to that is that there should be no exclusion.
RD reiterates that the point of Aadhaar is to bring the provider of benefit face to face with the beneficiary.
J. Chandrachud: I'm not sure if that's the best model.
The individual should not be a supplicant. The State should go to him and give him benefits.
J. Chandrachud: I'm not sure if that's the best model.
The individual should not be a supplicant. The State should go to him and give him benefits.
RD is reading the statement of objects and reasons of the Protection of Human Rights Act 1993. Says India has been a signatory to several international covenants.
RD: Various judgements of the Supreme Court on economic and social welfare culminated into the Parliament framing the Aadhaar act.
Next he quotes Subramanian Swamy judgment on balancing of fundamental rights wherein A.19(1)(a) was balanced against right to reputation.
Next he quotes Subramanian Swamy judgment on balancing of fundamental rights wherein A.19(1)(a) was balanced against right to reputation.
RD is still discussing balancing of fundamental rights. In this regard, he quotes X v. Hospital Z, G. Sundarrajan v. UoI, Ashan Ranjan v. State of Bihar, Noise pollution in re v. Union of India.
RD: What is being done under section 7 of the Aadhaar Act covers human rights of a lot of people of our country. Says this court should act as a sentinel to ensure that right to privacy is balanced with all the other rights under Article 21 that Aadhaar covers.
RD cites a 2017 case where a lady wanted an abortion but the court ruled that she cannot since having an abortion was a risk to her life. Here her right to choose was balanced against her right to life, he opines.
The termination of pregnancy case is Indu Devi v. State of Bihar.
J. Chandrachud recommends the book "Ant among elephants" by Sujatha Gidla to Mr. Rakesh Dwivedi.
RD: Privacy is a small price to pay for ensuring life itself and also the rights under Article 21 of the Constitution.
RD: Aadhaar Act draws distinction between demographic info, optional demographic info (mobile no.), core biometric information, and biometric information like photograph.
Idea of reasonable expectation of privacy varies from one set of data to another.
Idea of reasonable expectation of privacy varies from one set of data to another.
RD: Reasonable expectation of privacy in case of demographic info and photo will be very low as such information is publicly available.
RD: We are concerned only about real and general apprehension or fear of the public with respect to Aadhaar. Fear is subjective.
CJI says that some fears are misconceived.
CJI says that some fears are misconceived.
Bench rises for lunch. RD says he'll argue till 1pm on Wednesday.
Petitioners are given one and a half days for rejoinder.
Petitioners are given one and a half days for rejoinder.
