#Section377 Respondents state that the Yogyakarta principles are not a treaty or a law and it has no value. Nariman J. followed by saying that they apply to us as per the NALSA judgment of this court. #LGBTQ
#Section377 UOI, Adv Tushar Mehta began by submitting that the UOI will not contest and leave the Constitutional validity of consensual sex on the Bench.
#Section377 TM: submitted that the center acknowledges J. CJ understanding that right to choose your partner is a FR.
J. Chandrachud clarified that right to choose your partner is a FR, however in the matter of LGBTQ community, it’s not a matter of choice but it’s innate.
We will be live tweeting the Supreme Court proceedings on petitions challenging the constitutionality of #Section377 starting tomorrow. You may catch all our tweets at @SFLCin. Here is a short message from us and Ishan @TheDeltaApp about the impending proceedings. #LGBTQI
The Constitution Bench comprising of - CJI Dipak Misra, J. RF Nariman, J. Khanwilkar, J. DY. Chandrachud & J. Indu Malhotra will be hearing the matter in the CJI's court. #Section377#LGBTQI@TheDeltaApp
The Bench will be hearing 6 petitions clubbed together, they are as follows: Navtej Singh Johar v. UOI, Akkai Padmashali v. UOI, Keshav Suri v. UOI, Arif Jafar v. UOI, Ashok Rao Kavi & Ors. v. UOI and Anwesh Pokkuluri & Ors. v. UOI. #Section377#LGBTQI@TheDeltaApp
We call upon other organizations and members of civil society around the world to lend their names and support to this letter. To read the letter and add yourself as a signatory, visit sflc.in/open-letter-me…
#Aadhaar (day 36) hearing will begin shortly. State will conclude it's arguments today.
Attorney General K.K Venugopal commences his submissions. Repeats that Article 110(1)(g) is a standalone provision. There can be a bill that does not relate to 110(1)(a)-(g) but is still covered independently under 110(1)(g)
AG: Therefore the Aadhaar bill did not have to to be passed by the Rajya Sabha. RS could only make recommendations.
#Aadhaar (Day 34) hearing will begin shortly. Advocate Gopal Sankarnarayanan will continue his submissions.
J. Chandrachud: Aadhaar section 7 seeks to identity the beneficiaries that require subsidies. It doesn't take away other forms of identity.
GS: Aadhaar is a no.which helps identify people who need subsidies. Many don't need that identity.
GS says he supports Aadhaar for the control, security and safeguards it provides but section 139aa of the income tax act takes away those.
#Aadhaar (day 33) hearing will begin shortly. Senior advocate Rakesh Dwivedi appearing for State/UIDAI will finish by lunch today.
RD: What sort of control does UIDAI have over RE? Fair and reasonable safeguard under Article 21.
RD: Data under REs is segregated. There's no way to aggregate that data as there are over 300 REs.
J. Sikri: what about an individual RE collecting data?
RD: lets take the example of Vodafone. what will vodafone do with the authentication data? They can't track any individual.
#Aadhaar (Day 32) hearing will begin shortly.
Senior advocate Rakesh Dwivedi will resume his submissions for the State/ UIDAI. He's likely to finish by lunch tomorrow.
RD quotes two professors from Georgetown university and Stanford law school on conflict of human rights.
Also cites a book of Emmanuel Kant.
RD discusses reasonable and legitimate expectation of privacy from a UK judgement. Says context is very important. A criminal might not have any expectation of personal autonomy whereas a common man will.
"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.
Attorney general resumes his arguments from yesterday. Reiterates that we live in a digital era and Aadhaar is the best way to prevent money laundering and deliver subsidies and benefits. Says that a lot of govt. funds has gone into this project.
AG: Aadhaar will last for a long time in the future. It has been approved by UN and world bank. Aadhaar is an ongoing process and the technology and security will be updated as and when required.
Day 24 of final #Aadhaar hearing will begin shortly. CEO of UIDAI will answer the questions put forth by the petitioners. Attorney General will resume his submissions.
AG reads out the list of questions asked by the petitioners.what are the statistics of authentication failures ask the petitioners. AG says they cannot give a number because they don't track this kind of information.