[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 ground.>>] https://www.firstpost.com/tech/india/aadhaar-story-so-far-here-are-all-the-important-arguments-from-the-first-15-days-of-the-supreme-court-hearings-4421699.html -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to greenyouth+unsubscr...@googlegroups.com. To post to this group, send an email to greenyouth@googlegroups.com. Visit this group at https://groups.google.com/group/greenyouth. For more options, visit https://groups.google.com/d/optout.
