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Senior Advocate Shyam Dhavan apperared before the Supreme Court’s constitutional bench in the hearing on the matter concerning constitutional validity of Aadhar cards. The advocate has submitted arguments on various key issues of constitutional importance the essential being ,whether state surveillance is constitutionally valid, whether the scope of personal autonomy extends to biometrics, whether the Aadhar Act, 2016 is a validly enacted law having passed as a money bill, whether the concept of right to be forgotten and right to be let alone extends to protection of personal information of the citizens from the state , whether the coercive power of state under Aadhar project extends to children and many more. The lawyer has primarily argued that ‘Aadhar seeks to tether every resident of India to an electronic leash’. Mr. Divan arguing on behalf of petitioners has pointed out at how the Aadhar is a central data base of government aimed towards doing profiling of citizens, trying to track them, moreover trying to silently influence their behaviour. The advocate has further submitted that such profiling enables the state to stifle dissent. Mr. Divan has further submitted that Aadhar alters the relationship between state and citizen arguing further on this aspect the advocate has said that “The barter between State and citizens compels the citizens to give up individual ‘biometrics’ voluntarily , allowing that information to be stored with service providers.
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