Today’s Topic Summary

      Amitabh <amitabhpatra@gmail.com> Apr 02 12:28AM +0530
      *Rgds, *
      Amitabh
      M: +91-8763324299
      True democracy cannot be run by 20 people sitting at the centre….
      that should be run from the bottom by the people from each village…
      The power today is centered in Delhi, Calcutta, Mumbai i.e. in big cities…
      I want to distribute it amongst seven lakh villages in India.
      — Mahatma Gandhi on Swaraj

 

      *One Man with courage is a Majority – Andrew Jackson*
      Whosoever could make two ears of corn or two blades of grass
      to grow upon a spot of ground where only one grew before, would
      deserve better of mankind, and do more essential service to his
      country, than the whole race of politicians put together – Jonathan Swift

 

The Cyber Security, Data Security And Civil Liberties Implications Of Aadhaar Project And Biometric Collection By UIDAI In India

      Sukla Sen <sukla.sen@gmail.com> Apr 01 10:00PM +0530

http://perry4law.org/cecsrdi/?p=615

http://www.google.com/url?q=http%3A%2F%2Fperry4law.org%2Fcecsrdi%2F%3Fp%3D615&sa=D&sntz=1&usg=AFQjCNFYDQL7IzGPA-PwP23OYt3hzR8BiA

      The Cyber Security, Data Security And Civil Liberties Implications Of
      Aadhaar Project And Biometric Collection By UIDAI In India
      [image: The Cyber Security, Data Security And Civil Liberties Implications
      Of Aadhaar Project And Biometric Collection By UIDAI In
      India]<

http://www.google.com/url?q=http%3A%2F%2Fperry4law.org%2Fcecsrdi%2Fwp-content%2Fuploads%2F2013%2F04%2FThe-Cyber-Security-Data-Security-And-Civil-Liberties-Implications-Of-Aadhaar-Project-And-Biometric-Collection-By-UIDAI-In-India.jpg&sa=D&sntz=1&usg=AFQjCNFc_pwcv4PIh9D6AGsxbnIZKytg2g

      India there are many projects that are being implemented without any legal
      framework and parliamentary oversight. In fact, these projects are clear
      violation of the constitutional protections and fundamental rights
      conferred by Indian Constitution.
      Surprisingly, these projects have not only survived constitutional scrutiny
      by our otherwise active and praiseworthy judiciary but they have actually
      grown in their impact and application.
      One such project is Aadhaar project that is implemented in India in clear
      violation of constitutional norms. This unnecessary expenditure, that also
      on an unconstitutional project, could have been avoided. Fortunately,
      the illegality
      of Aadhaar project is questioned In India
      courts<

http://www.google.com/url?q=http%3A%2F%2Fperry4law.org%2Fcecsrdi%3Fp%3D609&sa=D&sntz=1&usg=AFQjCNHeyPfp5qaKpjUcIlpZQAkNOAIGXA

      In all probability Aadhaar project would be declared to be unconstitutional
      unless it is supported by an already existing constitutionally sound legal
      framework. As on date, the parliament of India has not passed any law that
      can authorise the existence and continued functioning of Aadhaar project in India.

 

      At Perry4Law Organisation<

http://www.google.com/url?q=http%3A%2F%2Fperry4law.org%2F&sa=D&sntz=1&usg=AFQjCNH9bRPiPTgh-4gnKiNpz1Jn33eopA

      and Perry4Law’s Techno Legal Base

 

      (PTLB)<

http://www.google.com/url?q=http%3A%2F%2Fwww.ptlb.in%2F&sa=D&sntz=1&usg=AFQjCNEfz_FkcOT-wtRiffSXxFmmdb-tAA

      >we believe that the Aadhaar project of India must be either suspended or
      scrapped till it is preceded by a constitutionally sound legal framework.
      Indian government is committing a big blinder by allowing the Aadhaar
      project to be continued in an unconstitutional manner.
      Similar rules apply to projects like central monitoring system (CMS)
      project of India<

http://www.google.com/url?q=http%3A%2F%2Fperry4law.org%2Fblog%2F%3Fp%3D157&sa=D&sntz=1&usg=AFQjCNHSY-hpzvMs88WnALkfTXIuj_0Mkg

      >
      national intelligence grid (Natgrid) project ofIndia<

http://www.google.com/url?q=http%3A%2F%2Fictps.blogspot.com%2F2011%2F06%2Fnational-intelligence-grid-natgrid.html&sa=D&sntz=1&usg=AFQjCNFN5dqvpSa4UGO45eqrTsIonwTOzA

      >national counter terrorism centre (NCTC) of India<

http://www.google.com/url?q=http%3A%2F%2Fwww.electroniccourts.in%2Fblog%2F%3Fp%3D552&sa=D&sntz=1&usg=AFQjCNFlXEXrTQzJ9-4HxAWMf3TeWCS95g

      >,In all these projects, including Aadhaar project, we are facing some common
      problems. The first and foremost has already been discussed, i.e. lack of
      legal framework and parliamentary oversight. The second on the list is lack
      of dedicated privacy rights and laws in India<

http://www.google.com/url?q=http%3A%2F%2Fperry4law.org%2Fcecsrdi%3Ftopic%3Dprivacy-rights-and-laws-in-india&sa=D&sntz=1&usg=AFQjCNGHkeW4e_QI7_0Fv-i_lRPxc35vaA

      >.Till date we have no dedicated data protection laws in India<

http://www.google.com/url?q=http%3A%2F%2Fwww.electroniccourts.in%2Fblog%2F%3Fp%3D346&sa=D&sntz=1&usg=AFQjCNETGy0r6SwWAsfh51gYC58tGciNwA

      > privacy laws and rights in India<

http://www.google.com/url?q=http%3A%2F%2Fwww.electroniccourts.in%2Fblog%2F%3Fp%3D58&sa=D&sntz=1&usg=AFQjCNGdniZ_bc1ObAg5NLnHy7qMET9NoA

      > data security laws in India<

http://www.google.com/url?q=http%3A%2F%2Fperry4law.org%2Fcecsrdi%3Fp%3D127&sa=D&sntz=1&usg=AFQjCNEP6B6Os_A29lkPuaYZ1pF17b3rsQ

      >cyber security laws in India<

http://www.google.com/url?q=http%3A%2F%2Fperry4law.org%2Fcecsrdi%3Fp%3D115&sa=D&sntz=1&usg=AFQjCNEZT8XZ26_uF0wY3hHIJwkD70bSfw

      >,etc.

 

        The third problem associated with projects like these is related to
        violation of civil liberties in India. The civil liberties and national
        security requirements must be reconciled by
        India<

    http://www.google.com/url?q=http%3A%2F%2Fhrpic.blogspot.com%2F2013%2F03%2Fcivil-liberties-and-national-security.html&sa=D&sntz=1&usg=AFQjCNHY869G02M93sn34p9YBppDbes5Wg

        >.While national security and cyber security are important, they must not
        Result in blatant and unnecessary violation of civil liberties like speech
        and expression and privacy rights.
        The fourth problem with which Aadhaar project is suffering pertains to lack
        of cyber security infrastructure in India<

    http://www.google.com/url?q=http%3A%2F%2Fperry4law.org%2Fcecsrdi%3Fp%3D531&sa=D&sntz=1&usg=AFQjCNEBWRly6KPEAH_lEo9KK-E7biDTAg

        >.

     

        Not only the biometrics collection in India is unconstitutional<

    http://www.google.com/url?q=http%3A%2F%2Fhrpic.blogspot.com%2F2012%2F09%2Funconstitutional-and-illegal-biometrics-collection-laws-and-practices-in-india.html&sa=D&sntz=1&usg=AFQjCNGhQEtUrrHeEdwEFlAEtOtvQ6rXbg

        >but the biometric database is also highly vulnerable to cyber attacks,
        cracking, data thefts and biometric data manipulations.

     

        India is increasingly facing serious cyber attacks<

    http://www.google.com/url?q=http%3A%2F%2Fperry4law.org%2Fcecsrdi%3Ftopic%3Dindia-is-facing-serious-cyber-threats&sa=D&sntz=1&usg=AFQjCNH0_ZYrTrI_j_x0jf5k51VUjtyjCg

        >.Recently, thecomputer systems of DRDO and security officials were breached
        and sensitive files were leaked.<

    http://www.google.com/url?q=http%3A%2F%2Fperry4law.org%2Fcecsrdi%3Fp%3D382&sa=D&sntz=1&usg=AFQjCNHj6iGznKL-7XR8H6EfD2x-ZLtVYw

        >Further,
        it is also well known that Internet is full of unprotected and unsafe devices, SCADA systems and computers<

    http://www.google.com/url?q=http%3A%2F%2Fperry4law.org%2Fcecsrdi%3Fp%3D518&sa=D&sntz=1&usg=AFQjCNF-I8cJ-nqy09dcZNZaISXt5tfHkA

        >.The cyber security infrastructure of India is also not in a good shape. The offensive
        and defensive cyber security capabilities of India<

    http://www.google.com/url?q=http%3A%2F%2Fperry4law.org%2Fcecsrdi%3Fp%3D155&sa=D&sntz=1&usg=AFQjCNEFjDrJTVct6JMMSfht4lEfDycOBQ

        have still to be developed. In these circumstances managing the cyber security
        of biometric data collected by the Aadhaar project and UIDAI is next to impossible.
        Neither UIDAI nor Indian government is ready for a project like Aadhaar
        that has been given such a long life span against all odds. It would be in
        larger interest of India if the Aadhaar project is put at rest immediately
        unless we are inviting some catastrophe to happen.
        This entry was posted in
        Uncategorized<

    http://www.google.com/url?q=http%3A%2F%2Fperry4law.org%2Fcecsrdi%2F%3Fcat%3D1&sa=D&sntz=1&usg=AFQjCNG3wGOXUnf3uquD6_yf-0s15Gmo1w

        >on April 1, 2013<

    http://www.google.com/url?q=http%3A%2F%2Fperry4law.org%2Fcecsrdi%2F%3Fp%3D615&sa=D&sntz=1&usg=AFQjCNFYDQL7IzGPA-PwP23OYt3hzR8BiA

        >Peace Is Doable

     

        Mani Ram Sharma <maniramsharma@gmail.com> Apr 01 09:23PM +0530

    To, All the Chairpersons,Human Rights Commission In The Republic of India

     

        Sir,
        *PROTECTION OF HUMAN DIGNITY- PREVENTION OF TORTURES*
        It is a matter of pleasure for all of us that protection of Human RightsAct has been enacted to protect the human dignity. But sheer violation ofhuman rights continues, and the Country registers about 9000 custodial deaths and more than 100000 cases of violation of human rights. However paltry cases are decided with compensation to victims. The term torture hasnot been defined in any law of the land; this has been a boon for the perpetrators of torture.
          Government of Philippines has enacted an exhaustive and comprehensive law-Anti-torture Act, 2009 to combat with the menace of tortures. Salientfeatures of the Act are as under: SEC. 4. Acts of Torture.– For purposes of this Act, torture shall include, but not be limited to, the following:

     

     

        (a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body, such as:

     

       

          (1) Systematic beating, headbanging, punching, kicking, striking with

       

          truncheon or rifle butt or other similar objects, and jumping on the stomach;
          (2) Food deprivation or forcible feeding with spoiled food, animal or human
          excreta and other stuff or substances not normally eaten;
          (3) Electric shock;
          (4) Cigarette burning; burning by electrically heated rods, hot oil, acid;
          by the rubbing of pepper or other chemical substancea on mucous membranes,
          or acids or spices directly on the wound(s);
          (5) The submersion of the head in water or water polluted with excrement,urine, vomit and/or blood until the brink of suffocation;
          (6) Being tied or forced to assume fixed and stressful bodily position;
          (7) Rape and sexual abuse, including the insertion of foreign objects into
          the sex organ or rectum, or electrical torture of the genitals;
          (8) Mutilation or amputation of the essential parts of the body such as the
          genitalia, ear, tongue, etc.;
          (9) Dental torture or the forced extraction of the teeth;

       

          (10) Pulling out of fingernails;
          (11) Harmful exposure to the elements such as sunlight and extreme cold;
          (12) The use of plastic bag and other materials placed over the head to the
          point of asphyxiation;
          (13) The use of psychoactive drugs to change the perception, memory,
          alertness or will of a person, such as:
          (i) The administration of drugs to induce confession and/or reduce mental
          competency; or
          (ii) The use of drugs to induce extreme pain or certain symptoms of a
          disease; and
          (14) Other analogous acts of physical torture; and
          (b) “Mental/Psychological Torture” refers to acts committed by a person in
          authority or agent of a person in authority which are calculated to affect
          or confuse the mind and/or undermine a person’s dignity and morale, such
          as:
          (1) Blindfolding;
          (2)Threatening a person(s) or his/her relative(s) with bodily harm
          execution or other wrongful acts;
          (3) Confinement in solitary cells or secret detention places;
          (4) Prolonged interrogation;
          (5) Preparing a prisoner for a “show trial”, public display or
          public humiliation of a detainee or prisoner;
          (6) Causing unscheduled transfer of a person deprived of liberty
          from one place to another, creating the belief that he/she shall be
          summarily executed;
          (7) Maltreating a member/s of a person’s family;
          (8) Causing the torture sessions to be witnessed by the person’s
          family, relatives or any third party;
          (9) Denial of sleep/rest;
          (10) Shame infliction such as stripping the person naked,
          parading him/her in public places, shaving the victim’s head or putting
          marks on his/her body against his/her will;
          (11) Deliberately prohibiting the victim to communicate with any member of his/her family; and ‘
          (12) Other analogous acts of mental/psychological torture.
          SEC. 5. Other Cruel, Inhuman and Degrading Treatment or Punishment.
          Other cruel, inhuman or degrading treatment or punishment refers to a deliberate and aggravated treatment or punishment not enumerated under
          Section 4 of this Act, inflicted by a person in authority or agent of a person in authority against another person in custody, which attains al evel of severity sufficient to cause suffering, gross humiliation ordebasement to the latter. The assessment of the level of severity shalldepend on all the circumstances of the case; including the duration of the
          treatment or punishment, its physical and mental effects and, in some
          cases, the sex, religion, age and state of health of the victim.
          SEC. 6. Freedom from Torture and Other Cruel, Inhuman. and DegradingTreatment or Punishment, An Absolute Right. – Torture and other cruel,
          inhuman and degrading treatment or punishment as criminal acts shall apply to all circumstances. A state of war or a threat of war, internal politicalinstability, or any other public emergency, or a document or any determination comprising an “order of battle” shall not and can never be invoked as a justification for torture and other cruel inhuman anddegrading treatment or punishment.
          SEC. 7. Prohibited Detention. – Secret detention places solitary
          confinement, incommunicado or other similar forms of detention, where
          torture may be carried out with impunity, are hereby prohibited.
          Since the term torture has not been defined in Indian law we may rely upon
          and take beneficial assistance of the above definitions from this legislation to protect the Human Dignity (till legislation be passed in our country) whenever a question arises as to torture and protection of Human Rights. Please apprise me of the action taken by your kind honour in this behalf and oblige.
          With regards,
          Yours faithfully
          Mani Ram Sharma Dated
          01.04.2013
          Advocate
          Behind Roadways Depot
          Sardarshahar -331403
          Distt. Churu (Raj)
          MANIRAM SHARMA <maniramsharma@gmail.com> Apr 01 09:34PM +0530
          To,
          All the Chairpersons,
          Human Rights CommissionIn The Republic of India
          Sir,
          *PROTECTION OF HUMAN DIGNITY- PREVENTION OF TORTURES*
          It is a matter of pleasure for all of us that protection of Human Rights
          Act has been enacted to protect the human dignity. But sheer violation of
          human rights continues, and the Country registers about 9000 custodial
          deaths and more than 100000 cases of violation of human rights. However
          paltry cases are decided with compensation to victims. The term torture hasnot been defined in any law of the land; this has been a boon for the perpetrators of torture.
          Government of Philippines has enacted an exhaustive and comprehensive lawAnti-torture Act, 2009 to combat with the menace of tortures. Salientfeatures of the Act are as under:
          SEC. 4. Acts of Torture.– For purposes of this Act, torture shall
          include, but not be limited to, the following:
          (a) Physical torture is a form of treatment or punishment inflicted by aperson in authority or agent of a person in authority upon another inhis/her custody that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body, such as:
           (1) Systematic beating, headbanging, punching, kicking, striking with runcheon or rifle butt or other similar objects, and jumping on the stomach;
          (2) Food deprivation or forcible feeding with spoiled food, animal or human
          excreta and other stuff or substances not normally eaten;
          (3) Electric shock;
          (4) Cigarette burning; burning by electrically heated rods, hot oil, acid;by the rubbing of pepper or other chemical substancea on mucous membranes,or acids or spices directly on the wound(s);
          (5) The submersion of the head in water or water polluted with excrement,urine, vomit and/or blood until the brink of suffocation;
          (6) Being tied or forced to assume fixed and stressful bodily position;
          (7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical torture of the genitals;
          (8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.;
          (9) Dental torture or the forced extraction of the teeth;
          (10) Pulling out of fingernails;
          (11) Harmful exposure to the elements such as sunlight and extreme cold;
          (12) The use of plastic bag and other materials placed over the head to the
          point of asphyxiation;
          (13) The use of psychoactive drugs to change the perception, memory,
          alertness or will of a person, such as:
          (i) The administration of drugs to induce confession and/or reduce mental
          competency; or
            (ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and

       

          (14) Other analogous acts of physical torture; and
          (b) “Mental/Psychological Torture” refers to acts committed by a person in
          authority or agent of a person in authority which are calculated to affect
            or confuse the mind and/or undermine a person’s dignity and morale, such as:

       

          (1) Blindfolding;
          (2)Threatening a person(s) or his/her relative(s) with bodily harm
          execution or other wrongful acts;
          (3) Confinement in solitary cells or secret detention places;
          (4) Prolonged interrogation;
          (5) Preparing a prisoner for a “show trial”, public display or
          public humiliation of a detainee or prisoner;
          (6) Causing unscheduled transfer of a person deprived of liberty
          from one place to another, creating the belief that he/she shall be
          summarily executed;
          (7) Maltreating a member/s of a person’s family;
          (8) Causing the torture sessions to be witnessed by the person’s family, relatives or any third party;
          (9) Denial of sleep/rest;
          (10) Shame infliction such as stripping the person naked,
          parading him/her in public places, shaving the victim’s head or putting marks on his/her body against his/her will;
          (11) Deliberately prohibiting the victim to communicate with any member of his/her family; and ‘
          (12) Other analogous acts of mental/psychological torture.
          SEC. 5. Other Cruel, Inhuman and Degrading Treatment or Punishment.
          Other cruel, inhuman or degrading treatment or punishment refers to a deliberate and aggravated treatment or punishment not enumerated under
          Section 4 of this Act, inflicted by a person in authority or agent of a
          person in authority against another person in custody, which attains a level of severity sufficient to cause suffering, gross humiliation or debasement to the latter. The assessment of the level of severity shalldepend on all the circumstances of the case; including the duration of the treatment or punishment, its physical and mental effects and, in somecases, the sex, religion, age and state of health of the victim.
          SEC. 6. Freedom from Torture and Other Cruel, Inhuman. and DegradingTreatment or Punishment, An Absolute Right. – Torture and other cruel,inhuman and degrading treatment or punishment as criminal acts shall apply to all circumstances. A state of war or a threat of war, internal politicalinstability, or any other public emergency, or a document or any determination comprising an “order of battle” shall not and can never be invoked as a justification for torture and other cruel inhuman and degrading treatment or punishment.
          SEC. 7. Prohibited Detention. – Secret detention places solitary
          confinement, incommunicado or other similar forms of detention, where
          torture may be carried out with impunity, are hereby prohibited.Since the term torture has not been defined in Indian law we may rely upon and take beneficial assistance of the above definitions from this legislation to protect the Human Dignity (till legislation be passed in our country) whenever a question arises as to torture and protection of HumanRights. Please apprise me of the action taken by your kind honour in thisbehalf and oblige.

       

          With regards,
          Yours faithfully
          Mani Ram Sharma Dated
          01.04.2013
          Advocate
          Behind Roadways Depot
          Sardarshahar -331403
          Distt. Churu (Raj)

       

      Arun Khote <arun.khote@gmail.com> Apr 01 05:52PM +0530

      *Dalits Media watch*

      *News Updates 01.04.13***

      *Eight held, 18 booked for Dalit double murder *- *The Hindustan Times*

      http://www.hindustantimes.com/India-news/Haryana/Eight-held-18-booked-for-Dalit-double-murder/Article1-1035407.aspx
      **

      *Move to shift crematorium in Moodbidri draws flak from Dalits – **Deccan
      Herald*

      http://www.deccanherald.com/content/323000/move-shift-crematorium-moodbidri-draws.html
      **
      Four posing as cops gang-rape Dalit girl – *The Hindu*

      http://www.thehindu.com/news/national/andhra-pradesh/four-posing-as-cops-gangrape-dalit-girl/article4561387.ece
      **

      *Lathore arson victims return home after 1 year – **The Times Of India*

      http://timesofindia.indiatimes.com/city/bhubaneswar/Lathore-arson-victims-return-home-after-1-year/articleshow/19314086.cms
      **

      * *

      *The Hindustan Times*
      Eight held, 18 booked for Dalit double murder

      http://www.hindustantimes.com/India-news/Haryana/Eight-held-18-booked-for-Dalit-double-murder/Article1-1035407.aspx

      Sat Singh
      <http://www.hindustantimes.com/Search/search.aspx?q=Sat%20Singh&op=auth>,
      Hindustan Times Rohtak , April 01, 2013

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