[The report, in its first part here, lists out 13 arguments put forward by
the petitioners.

<<4. Real-time surveillance from electronic footprints: Technical evidence
was provided showing how the electronic footprint created via Aadhaar
authentication records enabled real-time tracking of a person. In relation,
issues of data aggregation and data sharing with the State Resident Data
Hubs was also raised. Later, senior counsel Meenakshi Arora also argued on
the chilling effect created by an apprehension of surveillance. Foreign
judgments were cited which held that secret surveillance had the ability to
undermine a democracy. More importantly, there is a need to protect the
future generations from such surveillance.

5. Fundamental right violations cannot be validated in retrospect: On
Section 59 of the Aadhaar Act which seeks to provide retrospective validity
to Aadhaar, it was argued that the violation of a fundamental right could
not be validated in retrospect. The Bench later observed that a law may
supplement the absence of a law in retrospect, but it could not validate
the breach of a law in retrospect. Senior counsel KV Vishwanath later
argued that even if Section 59 was a valid validating provision, it could
not declare compliance with safeguards for the infringement of privacy,
when there was none.

6. Aadhaar based exclusion: Extensive arguments were made on the issue of
Aadhaar-based exclusion, particularly that Aadhaar was causing more
inclusion than exclusion. Incidents such as diversion of pensions and food
grains, starvation deaths, etc. were pointed to. The State cited exception
handling mechanisms under Section 7, but the petitioners countered that the
situation on the ground could not be ascertained by looking at the law. The
Bench also expressed concerns with the exclusion being caused on the


Peace Is Doable

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