TheIndian EXPRESS LATE CITY, 22 + 4 (NEWSLINE) PAGES, PUNE, `5.00 ● THURSDAY, SEPTEMBER 27, 2018 ● WWW.INDIANEXPRESS.COM DAILY FROM: AHMEDABAD, CHANDIGARH, DELHI, JAIPUR, KOLKATA, LUCKNOW, MUMBAI, NAGPUR, PUNE, VADODARA CONSTITUTION BENCH UPHOLDS AADHAAR LAW 4-1, WANTS STRONG FIREWALLS Supreme Court gives Aadhaar some privacy Fair balance between privacy and right to life: CJI bench BUSINESS AS USUAL BY UNNY ANANTHAKRISHNAN G NEW DELHI, SEPTEMBER 26 INAlandmarkmajorityrulingon the world’s largest biometric identity project, the Supreme Court Wednesday upheld the Constitutional validity of the Aadhaar Act on the ground that it “struck a fair balance between the right of privacy of the individual with right to life of the sameindividualasabeneficiary” but ring-fenced the law from possible misuse by the State and private entities. Whileitupheldthelinkingof the permanent account number (PAN) to the unique Aadhaar number and the notifications allowing people to avail subsidies and benefits provided by the government, a five-judge Constitution Bench, in a 4-1 verdict on several petitions, struck down the requirement of linking Aadhaar to bank accounts and mobile phone numbers, and on its insistence for pension and school admissions. It expressed the hope that the government “shall not unduly expand the scope of ‘subsidies, services and benefits’ thereby widening the net of Aadhaar, where it is not permitted otherwise”. CONTINUED ON PAGE 2 NEED IT FOR TAX BUT NOT FOR... ■ Pension ■ Admission to schools ■ Examinations by CBSE, NEET, JEE and UGC ■ Mobile numbers ■ Bank accounts ■ Mutual Funds ■ Insurance companies ■ Payment banks like PayTM, Airtel Payments Bank FLAG BEARERS OF THE NATION A RED initiative appears in today’s edition of The Indian Express. This page is an initiative of the marketing solutions team of The Indian Express Group and contains content paid for by advertisers. This page should be read as an advertisement. MAHARASHTRA ● BJP READY FOR PRE-POLL TIE-UP WITH SHIV SENA, ● 1ST CASE OF FALL ARMYWORM INFESTATION IN STATE REPORTED FROM SOLAPUR DISTRICT, PAGE 6 12 THE EDITORIAL PAGE JOURNALISM OF COURAGE MoD official put on record objections to 36-Rafale deal Joint Secy (Air) objected to benchmark price, was overruled; Cabinet approved in September 2016; officer went on leave SUSHANT SINGH NEW DELHI, SEPTEMBER 26 NEARLYAmonthbeforethedeal for 36 Rafale aircraft was signed between then Defence Minister ManoharParrikarandhisFrench counterpart in New Delhi in September 2016, a senior officer of the Ministry of Defence, who had been part of the Contract Negotiations Committee (CNC), raised questionsaboutthe deal’s benchmarkprice andputhis objections on record, The Indian Express has learnt. This officer was then Joint Secretary&AcquisitionManager (Air) in the MoD and the one meant to initiate the note for the Cabinet’s approval. Sources have confirmed to The Indian Express that his objections delayed the Cabinet note approving the deal and its signing which only happened after his objections were “overruled” by another senior MoD official, Director General (Acquisition). The note by the JS & AM (Air), as part of the Rafale deal file, is currently with the office of the Comptroller and Auditor General (CAG) who is studying the deal which has set off a political controversy. Sources said the CAG is likely CONTINUED ON PAGE 2 BY ARVIND P DATAR Quota in promotions OK but keep out creamy layer among SCs, STs: Bench STRIKES DOWN PART OF SECTION 57 ECOSYSTEM HIT ANANTHAKRISHNAN G & SEEMA CHISHTI Private firms (banks and phones) can’t ask for Aadhaar linking Govt thumbs up but fingers crossed in tech space Ranjana Sonawane, the first Aadhaar beneficiary, at her home in Tembhli village, Nandurbar, Maharashtra, Wednesday. She got her card in 2010 and, apart from monthly rations, used it to get a subsidised gas cylinder, scholarship for her son. Prashant Nadkar REPORT, PAGE 11 KRISHN KAUSHIK Shaping digital destiny NEW DELHI, SEPTEMBER 26 IN UPHOLDING the Constitutional validity of the Aadhaar programme in a 4-1 ruling, a Constitution Bench of the Supreme Court also limited the scope of the biometric project, particularly on sharing data with private entities and ruled that Aadhaar was no longer mandatory for bank accounts, mobile connections, pension or school admissions. Aadhaar verdict will cleanse system of fakes and duplicates, ensure services reach intended beneficiaries. THEIDEASPAGE 13 The majority verdict by Chief Justice Dipak Misra and Justices A K Sikri, who wrote the major- ity judgement, and A M Khanwilkar besides chastising the Centre for trying to push Aadhaar on children had a range of suggestions to strengthen the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016. It also barred corporate bodies from using Aadhaar for authentications, unless backed by a law and ruled that the UIDAI cannot store any metadata related to Aadhaar-based authentications or authentication history for CONTINUED ON PAGE 2 ‘DID NOT QUALIFY AS MONEY BILL’ Fraud on Constitution...violates rights: Justice (Dissenting) Chandrachud KAUNAIN SHERIFF M ‘Suffers from Constitutional infirmities and violations of basic rights’ NEW DELHI, SEPTEMBER 26 FROM THE way it was passed as aMoneyBilltoitsprovisionsthat curtailed fundamental rights, the Aadhaar Act came in for blistering criticism from Justice D Y Chandrachud. Accepting the Government’s contentionthatthereneedstobe anIDsystemfortargeteddelivery of welfare benefits, Justice Chandrachud said that the state hadfailedtoshowthatthisentails sacrifices on “individual autonomy,dataprotectionanddignity.” Writing the dissenting opinion in the 4-1 verdict, Justice Chandrachud struck down the lawonthegroundsthat“(the)entire Aadhaar programme, since 2009” suffers from “Constitutionalinfirmitiesandviolations of fundamental rights”. Saying that it failed to qualify CONTINUED ON PAGE 2 Course correction KARISHMA MEHROTRA & RAVISH TIWARI NEW DELHI, SEPTEMBER 26 WHILETHEgovernmenthadreason to cheer the Supreme Court verdict, there is uncertainty and anxietyinthenascentdigitalecosystem building around the Aadhaar digital infrastructure. Beyondthedeclaredpurpose for targeted welfare/subsidy delivery, Aadhaar has grown as a digital infrastructure created by the government that served as a platform for creating a host of authentication-based services CONTINUED ON PAGE 2 9 EXPLAINED Decoding the Verdict: You & Your Aadhaar FULL COVERAGE PAGES 10, 11 NEW DELHI, SEPTEMBER 26 APPLYING THE creamy layer principle to promotions for Scheduled Castes and Scheduled Tribes in government jobs, the Supreme Court Wednesday declined to refer to a larger bench its 2006 verdict on the matter. It ruled that states no longer need to collect quantifiable data on the backwardness of SCs and STs in granting quota in promotions, but will have to back it with data to show their inadequate representation in the cadre. Ruling unanimously on a clutch of petitions to revisit the M Nagaraj & Others vs Union of India verdict, a five-judge Constitution Bench, comprising Chief Justice of India Dipak Misra, Justices Kurian Joseph, R F Nariman (he wrote the order), S K Kaul and Indu Malhotra, said: “The whole object of reservation is to see that backward classes of citizens move forward so that they may march hand in hand with other citizens of India on an equal basis. This will not be possible if only the creamy layer CONTINUED ON PAGE 2 It was a govt-to-govt discussion...I was not in charge at that time...we have very clear rules...This is very important to me because this is a strategic coalition EMMANUEL MACRON, FRENCH PRESIDENT RELATED REPORT PAGE 7 On EC table: Model code to kick in as soon as House dissolved P VAIDYANATHAN IYER & RITIKA CHOPRA NEW DELHI, SEPTEMBER 26 THE ELECTION Commission is considering passing an order shortly to ensure that the Model Code of Conduct kicks in immediately after a state dissolves its Assembly and seeks early elections. This will mean that states may be barred from taking any policy decision which may be in the nature of influencing the electorate. The kicking in of the Model Code of Conduct may not CONTINUED ON PAGE 2 Principal arrested for ‘raping, molesting tribal girls’ at Sangli residential school EXPRESS NEWS SERVICE PUNE, SEPTEMBER 26 AT LEAST eight students of a government-funded residential school in Sangli district were allegedly raped and sexually abused for the last six months by the principal. Police started investigating the abuse after a letter by an anonymous sender alerted them about the abuse in the school, which houses girls belonging to nomadic tribes. The principal and a woman employee of the school have been arrested. Initial investigation has revealed that five girls were raped and three more were molested by the principal multiple times in the last six months. Seven of the eight victims are between 13 to 16 years old, while one of them is 19 years old, said police. Police suspect the number of girls who suffered sexual abuse may be higher, as the school has nearly 70 students. The statements of some of the girls, who have left the school, are yet to be recorded. “On Tuesday, the local police station received an anonymous letter, which alleged that girls at the residential school were being sexually abused. A team led by a woman officer was sent to the school and a preliminary inquiry was conducted. The allegations were found to be true. Subsequently, officials from the local units of the Child Welfare Department and Women and Child Development Department were informed. Till now, it has come to light that five girls were raped and three more were molested by the principal, who was helped by the woman employee of the school,” Kishor Kale, deputy superintendent of police, Islampur division, told The Indian Express. “Following the investigation, an FIR has been registered and two persons have been arrested on Wednesday. Further investigation is on,” said Sangli District Superintendent of Police Suhail Sharma. ● PAGE ONE ANCHOR ‘I AM JUST A SAFAI KARAMCHARI HERE BUT THIS POLICE STATION DEPENDS ON ME’ APURVA CHAURICHAURA(UP), SEPTEMBER26 MAHATMA SWACHH BHARAT PART II The Indian Express reporters fan out across the country to mark milestones in the Mahatma’s journey. To bring stories of the footsoldiers of Swachh Bharat, whose job it is to wipe, mop and dust where the Mahatma once walked. BEADS OF sweat trickling down her face, she leans on a five-foot makeshiftbroommadeofbristles tied to a police lathi, stares at the pile of dry leaves in a corner and looks up to the darkening sky. A faintsmile,andthebroomismoving again, faster, a little careless even. It's past 7 am. “I love the rain, except between 6 and 10 every morning. If it rains now or the wind starts blowing, all my work will be wasted,” she says. Days to go for October 2 and the 150th birth anniversary of Mahatma Gandhi, 65-year-old Malti Devi is among the thousandsof workersatthefrontlines of Swachh Bharat, the flagship cleanliness scheme launched on Gandhi Jayanti four years ago. She is also the only one responsible for cleaning the Chauri Chaura police station in eastern Uttar Pradesh’s Gorakhpur district. Chauri and Chaura are the namesoftwovillages,buttheyare also two words that scarred a nationwidemovementlaunchedby the Mahatma 98 years ago. “My grandfather always talked about it," she says, "They called it 'baees ka kand' (the incident of 1922).” OnFebruary4,1922,twoyears after Gandhi launched the NonCooperation Movement, police opened fire at volunteers participating in a non-violent civil disobedience rally in Chauri Chaura, killing three. In retaliation, a mob set fire to the police station, leaving23policemendead.Eightdays later, his vision seared by the violence, Gandhi suspended the movement. In1924,theBritishbuiltanew, Tashi Tobgyal CHAURI CHAURA: VIOLENCE AT THIS POLICE STATION PROMPTED GANDHI TO CALL OFF NATIONAL MOVEMENT Malti Devi, 65. Job: Casual labour. Salary: `600. Work hours: 6 am-10 am. Cleans: Premises, assembly area, 2 toilets fortified station. And since then, amid a series of transfers and changes,ChauriChaurahashada few constants -- Malti, who started cleaning the premises in 1983, is one. She is employed as “casual labour” with her Rs 600 monthlywageloggedinthelocal police accounts book. "I am just a safai karamchari butthispolicestationdependson me... I work with my husband Moti.Hewasbornin1947.Hehad ajobearlieratthetehsilofficebut weworktogetheratthepolicestation,” she says. Every morning at 6, armed withthatbroom,Maltistartswith themaincourtyardofthe10-man policestation,whichincludesthe SHO'soffice,recordroom,lock-up andMalkhana.Thenshemovesto the yard outside the residential quarters of the SHO and three otherpersonnel,akitchen,aguest room, a computer room and an assembly area. Maltisweepsandpilesupthe trash, and Moti, a retired Class IV employee,helpsinfillingthefour trash cans on the premises. The policemen clean the floors inside the rooms, but that still leaves Malti with a task she hates -cleaning the two separate bathroom blocks for males and females. This, she does with a bottle of phenyl and a bucket. And that broom."I made this broom myself. I needed something that cansweepleaves,paper,sandand pebbles.Thebroomfromthemarketwillnotwork,itistooweak.It takes four hours to clean the station,andIneedsomethingwitha longer handle so that I don't have to bend so much,” she says. Buttoday,there'snobathroom duty, the station has run out of phenyl.“Icannotbuythecleaning liquid,they(police)giveittome. CONTINUEDONPAGE2 TOMORROW CHAMPARAN
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