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2016 Aadhaar law can’t cure right to privacy invasion since 2009: SC told

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New Delhi, Feb 21 (IANS) The Supreme Court was on Wednesday told that the invasion of citizens’ right to privacy — by collecting their biometric data under Aadhaar scheme through an executive order since 2009 — can’t be saved and validated by a 2016 law.

“The invasion of my right (to privacy) by collecting and sharing my personal information with other players can’t be cured by the subsequent law validating the Aadhaar scheme,” senior counsel Gopal Subramanium told a five-judge Constitution bench.

He was referring to the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.

The bench, headed by Chief Justice Dipak Misra and also comprising Justice A.K. Sikri, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud and Justice Ashok Bhushan, referred to Section 59 of the Aadhaar Act, saying that the validation of the exercise carried out prior to the coming of statutory regime was to “cure an illegality”.

Appearing for petitioners — Maj. Gen. S.G. Vombatkere (retd) and Col. Mathew Thomas (retd), Subramanium said that Aadhaar Act, 2016 was an attempt to cure the illegality but “what is curable must be in the realm of curability”.

Told that the law had prospective application, the court said that no penal law can be retrospective but the consequences of penal law is retrospective as it pointed to Section 59 that seeks to validate all the government notifications since 2009 for collecting biometric data and its use.

“Should we destroy data which was collected for seven years on the strength of government’s notification” without statutory backing, asked the court as Subramanium insisted that biometric data collected from 2009 on the strength of the government’s notifications was illegal and could not be cured and validated by the 2016 law.

Telling the bench that there are things “we don’t want to share”, Subramanium asked “how can you have a mean of identification for all your activities”.

As the court said that at the heart of the Aadhaar Act is “authentication” of identity, Subramanium said that there was no form of “substantive and procedural” redressal.

“What we have parted is parted for good” and why should “we be in the state of servitude to the state,” he said.

The bench is hearing challenges to the constitutional validity of the Aadhaar scheme on the touchstone of the fundamental right to privacy on a batch of petitions by former Karnataka High Court Judge K.S. Puttuswamy, Magsaysay awardee Shanta Sinha, feminist researcher Kalyani Sen Menon and others.

The hearing will continue on Thursday.

–IANS
pk/him/vd

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Foodman Vishal Singh Honored for Hunger Free World Mission in Bangkok

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Lucknow: Vishal Singh, a renowned social worker from Lucknow, also known as Foodman, has once again made India proud. He was honored by the Happy Hands Gloves Cooperative Limited Company in Korathai, Thailand, for his work with the Hunger Free World Mission.

The Hunger Free World Mission’s meeting was held in Korathai, Thailand, under Vishal Singh’s leadership. Representatives from several countries, including Mr. Raja Dwivedi (Managing Director of Happy Hands Gloves Limited), Thailand Coordinator Mr. Raja Mishra, and member Mr. Varun Singh, attended the event.

Under Vishal Singh’s leadership, the attendees took a pledge to work together toward creating a hunger-free world.

Speaking on the occasion, Vishal Singh explained that the main goal of the Hunger Free World Mission is social participation. He said the mission is not just about feeding people but also about meeting other basic needs of those who are struggling. The mission focuses on helping families of terminally ill patients in hospitals by providing food and shelter. It also works to fulfill essential needs like education, jobs, and care for the elderly.

For the last 16 years, the Vijay Sri Foundation has been providing free services, benefiting thousands of people. Vishal Singh highlighted that the mission aims to gain global recognition like other organizations such as WHO, WWF, and Red Cross, which work for social causes.

During this meeting, Vishal Singh was appointed as the Chairman of the Hunger Free World Mission by representatives from various countries. They also discussed holding regular meetings in different countries to push the mission forward.

Business tycoon Dr. Abhishek Verma has also supported this humanitarian mission, vowing to promote the idea of “Seva Parmo Dharma” (Service is the highest duty) worldwide. Vishal Singh praised him, stating that people like Dr .Abhishek Verma inspire others to work for the betterment of society.

Recently, Romania’s Ambassador, Mr . Daniela Sezonov Ţane, invited Vishal Singh to the Romanian Embassy in Delhi, where they discussed the mission in detail. Impressed by his humanitarian work, she honored Vishal Singh and invited him to Romania to take the mission forward .

Food man Vishal Singh has been serving the people of India for the past 16 years. Through the Vijay Sri Foundation, he provides free meals to cancer patients & their families ,shelter, and education for women & children along with running free old-age homes in Lucknow.

In addition to his humanitarian work, Vishal Singh also addresses issues like crime and corruption through his role as Chairman of Seva Path Media and Managing Director of Vijay Sri Foundation.

During the COVID-19 pandemic, Vishal Singh and his team worked tirelessly to provide food and help to the needy, including starving children, elderly citizens, and pregnant women. Despite contracting the virus himself, he continued to assist others after his recovery. He even created a life-saving oxygen regulator using household items, which was praised by doctors both in India and abroad.

In his address at the meeting, Vishal Singh spoke about his mission to create a hunger-free world. He pointed out that India’s large population, along with issues like unemployment and poverty, has caused the country to fall on the Hunger Index. He urged people to contribute just one handful of grains daily to help create a hunger-free world.

He concluded by saying that through social participation, we can empower the people around us, meet their basic needs, and work together to build a stronger, more prosperous, and developed society.

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