_________________________________________________________________________

INTRA COLLEGE MOOT COURT COMPETITION, 2017

BEFORE THE HON’BLE SUPREME COURT OF INDIANA UNDER THE ARTICLE

21 OF THE CONSTITUTION OF INDIANA

MLRC and Ors = … petitioner

V.

UNION OF INDIANA … RESPONDENT

MEMORIAL FOR PETITIONER

- COUNSEL FOR THE PETITIONER

MEMORIAL FOR PETITIONER Page 1

 TABLE OF CONTENTS

INDEX OF AUTHORITIES…………………………………………………………………..4

BOOKS

REFERRED……………………………………………………………………………………4

JOURNALS……………………………………………………………………………………4

WEBSITIES…………………………………………………………………………………...4

CASES

REFERRED……………………………………………………………………………………4

STATEMENT OF JURISDICTION…… …………………………………………………….5

STATEMENT OF ISSUES……………… …………………………………………………..6

STATEMENT OF FACTS……………………………………………………………………7

SUMMARY OF ARGUMENTS……………………………………………………………...9

ARGUMENTS ADVANCED

1. WHETHER “RIGHT OF PRIVACY” IS GUARANTEED IN THE PART III OF

CONSTITUTION OF INDIANA?.......................................................................12
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 1.1 THE RIGHT TO PRIVACY IS PROTECTED AS AN INTRINSIC PART OF

THE RIGHT TO LIFE AND PERSONAL LIBERTY UNDER ARTICLE

…………………………………………………………………………….……12

1.2 INDIANA HAS DEVELOPED TO SERIES OF DECISIONS OVER THE PAST

60 YEARS…………………………………………………………………...

……..12

1.3 PRIVACY IS A NECESSARY CONDITION FOR THE MEANINGFUL

EXERCISE OF OTHER GURANTEED FREEDOMS………………..……….13

2. WHETHER THE JANADHAR CARD SCHEME IS UNCONSTITUTIONAL AND

VIOLATES THE PROVISIONS OF PART III OF THE CONSTITUTION OF

INDIANA?.......................................................................................................12

2.1 AFFECTS THE ACT (1) (f) WHICH DEALS WITH THE RIGHT TO

PRACTICE PROFESSION OR TO CARRY ANY OCCUPATION TRADE

OR BUSINESS. …………………………………………………………………..

……………...12

2.2 WITHOUT THE LINKING OF JANADHAR CARD THE BUSINESS MAN

CANNOT RUN HIS BUSINESS……………………………………...…………….14

2.3 THE JANADHAR CARD IS ALSO AFFECTING THE ACT 19 (1)(e)….…...14

2.4 AFFECTING THE RIGHT FOR EDUCATION……………………...…………15

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 2.5 AFFECTING THE TRIABLE AND MINORITY PEOPLES………..…………15

3. .WHAT IF BANKS AND PRIVATE FINANCE INSTITUE USE THE DATABASE?

3.1MISSUSE OF AN INDIVIDUAL DATABASE………………….……………....16

4.WHAT IS THE LEVEL OF PROTECTION LAW AND PRIVACY LAW FOR

JANADHAR

CARD? ......................................................................................................................17

4.1LEVEL OF PROTECTION…………………………………………………...……...17

4.2ALERT LESS OF JANADHAR CARD………………………………...……………17

4.3FAKING OF JANADHAR CARD……………………………………….……………17

4.4HANDS OF HACKER AND MISSUSES…………………………….……………….18

5.HOW SAFE IS JANADHAR CARD IS? ……………………………………………….18

5.1SAFETY LESS OF JANADHAR CARD………………………………………………18

5.2 ALIEN COUNTRY…………………………………………………………………….19

PRAYER FOR RELIEF…………………………………………………………..….20

MEMORIAL FOR PETITIONER Page 4

 INDEX OF AUTHORITIES

BOOKS REFERRED

CONSTITUTIONAL LAW OF INDIA -DR.J.N.PANDEY

THE CONSTITUTION OF INDIA -DR.POORNIMA G.R SURESH

KUMAR M.N.

JOURNALS

THE LAW HOUSE

WEBSITIES

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1.THE WIRE.IN

2.THE HINDU.COM

3.WWW.EFF.ORG

CASES REFERRED

 BINOY VISMAN v. UNION OF INDIA ( WP( C) 247/2017)

 S.G.VOMBATKERE & A V R .v. UNION OF INDIA (W.P(C) 277/2017)

 JUSTICES K S PUTTASWAMI v. UNION OF INDIA

 ARUNA ROY, NIKHIL DEY v. UNIONOF INDIA

 SHANTHA SINHA v. UNION OF INDIA

 S.G. VOMBATKRE v. UNION OF INDIA

 MATHEW THOMAS v.UNION ONDIA

 RAJU v. DEPT OF FINANCE

 VICKRAM CRISHNA v. U I D A I

 NAGRIK CHETNA MANCH v. UNION OF INDIA

 NAGRIK CHETNA MANCH v. PRAEE KUMAR SINHA

 SHANKAR PRASAD DANGI v. BHARAT COOKING GAS

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STATEMENT OF JUSRISDICTION

MEMORIAL FOR PETITIONER Page 7

THE APPELLANT MRCL, A LEGAL RESREACH CENTRE AND ACCESS AN NGO

FILED A WRIT OF PUBLIC INTEREST LITIGATION APPILANT BEFORE THE

HON’BLE COURT SUPREME COURT OF INDIANA ARTICLE 21 OF THE

CONSTITUTION OF INDIA CHALLENGING THE POLICY DECISION OF THE

RESPONDENT, UNION OF INDIANA.

STATEMENT OF ISSUES

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1. WHETHER “RIGHT OF PRIVACY” IS GUARANTEED IN THE PART III OF

CONSTITUTION OF INDIANA?

2. WHETHER THE JANADHAR CARD SCHEME IS UNCONSTITUTIONAL AND

VIOLATES THE PROVISIONS OF PART III OF THE CONSTITUTION OF

INDIANA?

3. WHETHER BANKS AND PRIVATE FINANCE INSTITUE CAN USE THE

DATABASE?

4. TO PROVIDE THE INFORMATION TO THE PEOPLE OF THE LEVEL OF

PROTECTION LAW AND PRIVACY LAW OF JANADHAR CARD

5. HOW SAFE IS JANADHAR CARD IS?

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 STATEMENT OF FACTS

 A LEGAL RESEARCH CENTRE, HAS APPROACHED THE HON’BLE SUPREME

COURT OF INDIANA, THROUGH A PUBLIC INTEREST PETITION, AGAINST

THE UNION OF INDIANA, CONTENDING THAT THE COLLECTION OF THE

BIOMETRIC DATA FOR THE PURPOSE OF JANADHAR COURT, VIOLATES

THE RIGHT TO PRIVACY OF THE CITIZENS.

 FOR THE OBTAINING THE JANADHAR CARD, APPLICANT HAS TO

PROVIDE HIS BIOMETRIC DATA.

 THE PETITIONER CONTENDED THAT THIS IS A VIOLATION OF ARTICLE 21

OF THE CONSTITUTION OF INDIANA WHICH GRANTS “RIGHT TO

PRIVACY” AS A FUNDAMENTAL RIGHT.

 WHICH IS EVIDENT IN VARIOUS DECISIONS OF THE APEX COURT.

 THEREFORE, THE JANADHAR COURT SCHEME SHOULD BE DECLARED

UNCONTITUIONAL.

 IN ANOTHER PETITION FILED BY ACCESS, A NGO WORKING ON THE

ISSUES REGARDING CIVIL AND POLITICAL RIGHTS OF CITIZENS.

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 JANADHAR CARD IS MADE MANDATORY BY GOVERNMENT TO AVAIL

THE BENEFITS UNDER VARIOUS SOCIAL WELFARE SCHEMES.

 PETITIONER ALLEGED THAT NON AVAILABILITY OF JANADHAR CARD

DENIES THE CITIZENS THE ACCESS TO THE BENEFITS UNDER VARIOUS

SOCIAL WELFARE SCHEMES, WHICH IS CLEAR VIOLATION OF

FUNDAMENTAL RIGHT TO EQUALITY AS GUARANTEED BY THE

CONSTITUTION OF INDIANA.

 THE NGO HAS CONTENDED THAT BY DENYING CITIZENS ACCESS TO

SCHEME ALSO DEFEATS THE BASIC PURPOSE OF WELFARE STATE

ENSHRINED UNDER THE DIRECTIVE PRINCIPLES OF STATE POLICIES

GIVEN IN CONSTITUION OF INDIANA.

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 SUMMARY OF ARGUMENTS

1. WHETHER “RIGHT OF PRIVACY” IS GUARANTEED IN THE PART III OF

CONSTITUTION OF INDIANA?

 THE RIGHT TO PRIVACY IS PROTECTED AS AN INTRINSIC PART OF THE

RIGHT TO LIFE AND PERSONAL LIBERTY UNDER ARTICLE 21.

 INDIANA HAS DEVELOPED TO SERIESOF DECISIONS OVER THE PAST

60 YEARS.

 PRIVACY IS A NECESSARY CONDITION FOR THE MEANINGFUL

EXERCISE OF OTHER GURANTEED FREEDOMS.

2. WHETHER THE JANADHAR CARD SCHEME IS UNCONSTITUTIONAL AND

VIOLATES THE PROVISIONS OF PART III OF THE CONSTITUTION OF

INDIANA?

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 AFFECTS THE ACT (1) (f) WHICH DEALS WITH THE RIGHT TO PRACTICE

PROFESSION OR TO CARRY ANY OCCUPATION TRADE OR BUSINESS.

 WITHOUT THE LINKING OF JANADHAR CARD THE BUSINESS MAN

CANNOT RUN HIS BUSINESS.

 THE JANADHAR CARD IS ALSO AFFECTING THE ACT 19 (1) (e).

 LEAKING OF PERSONAL INFORMATION.

 AFFECTING THE RIGHT FOR EDUCATION.

 AFFECTING THE TRIABLE AND MINORITY PEOPLES.

3. WHAT IF BANKS AND PRIVATE FINANCE INSTITUE USE THEDATABASE?

 MISSUSE OF AN INDIVIDUAL DATABASE

4. WHAT IS THE LEVEL OF PROTECTION LAW AND PRIVACY LAW FOR

JANADHAR CARD?

 LEVEL OF PROTECTION.

 ALERT LESS OF JANADHAR CARD.

 FAKING OF JANADHAR CARD

 HANDS OF HACKER AND MISSUSES.

 HOW SAFE IS JANADHAR CARD IS?

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5. HOW SAFETY IS JANADHAR CARD ?

ARGUMENTS ADVANCED

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 1. WHETHER “RIGHT OF PRIVACY” IS GUARANTEED IN THE PART III OF

CONSTITUTION OF INDIANA?

1.1 THE RIGHT TO PRIVACY IS PROTECTED AS AN INTRINSIC PART OF THE

RIGHT TO LIFE AND PERSONAL LIBERTY UNDER ARTICLE 21.

 THE RIGHT TO PRIVACY IS PROTECTED AS AN INTRINSIC PART OF THE

RIGHT TO LIFE AND PERSONAL LIBERTY UNDER ARTICLE 21 AND AS A

PART OF THE FREEDOMS GUARANTEED BY PART III OF’’FUNDAMENTAL

RIGHTS

1.2 INDIANA HAS DEVELOPED TO SERIES OF DECISIONS OVER THE PAST 60

YEARS.

 THE RIGHT TO PRIVACY IN INDIANA HAS DEVELOPED TO SERIES

OF DECISIONS OVER THE PAST 60 YEARS.

 OVER THE YEARS, INCONSISTENCY FROM TWO EARLY JUDGEMENTS

CREATED A DIVERGENCE OF OPINION ON WHETHER THE RIGHT TO

PRIVACY IS CONFORMITY WITH INTERNALTION HUMAN RIGHTS

INSTRUMENTS RATIFIED BY INDIA.1

1JUSTICES K S PUTTASWAMI v. UNION OF INDIA.

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 1.3 PRIVACY IS A NECESSARY CONDITION FOR THE MEANINGFUL

EXERCISE OF OTHER GURANTEED FREEDOMS.

 THE JUDGEMENT ALSO CONCLUDES THAT PRIVACY IS A NECESSARY

CONDITION FOR THE MEANINGFUL EXERCISE OF OTHER GURANTEED

FREEDOMS.

 THE OPINIONS COVER A WIDE RANGE OF ISSUES I CLARIFYING THAT

PRIVACY IS A FUNDAMENTAL INALIENABLE RIGHT, INTRINSIC TO

HUMAN DIGNITY AND LIBERTY.2

 THEREFORE, “RIGHT OF PRIVACY” IS GUARANTEED IN THE PART III OF

CONSTITUTION OF INDIANA

2BINOY VISHWAM, BEZWADA WILSON,S.G VOMBATKERE V UNION OF INDIA

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2.WHETHER THE JANADHAR CARD SCHEME IS UNCONSTITUTIONAL AND

VIOLATES THE PROVISIONS OF PART III OF THE CONSTITUTION OF

INDIANA?

2.1 AFFECTS THE ACT (1) (f) WHICH DEALS WITH THE RIGHT TO PRACTICE

PROFESSION OR TO CARRY ANY OCCUPATION TRADE OR BUSINESS.

THE JANADHAR CARD SCHEME IS UNCONSTITUTIONAL AND VIOLATES

THE PROVISIONS OF PART III OF THE CONSTITUTION OF INDIANA SOME ISSUES

LIKE IT AND PAN CARD WHICH AFFECTS THE ACT (1) (f) WHICH DEALS WITH

THE RIGHT TO PRACTICE PROFESSION OR TO CARRY ANY OCCUPATION TRADE

OR BUSINESS.

2.2 WITHOUT THE LINKING OF JANADHAR CARD THE BUSINESS MAN

CANNOT RUN HIS BUSINESS.

1
WITHOUT THE LINKING OF JANADHAR CARD THE BUSINESS MAN

CANNOT FILE HIS IT RETURNS AND CANNOT BUY HIS RAW MATERIALS 2 (GOLD ,

METALS ETC.) THROUGH PAN CARD3.

2.3 THE JANADHAR CARD IS ALSO AFFECTING THE19 (1) ( e).

 THE JANADHAR CARD IS ALSO AFFECTING THE ACT 19 (1) ( e)

OF THE CONSTITUTIONAL WHICH DEALS WITH RIGHT TO

RECIDE IN ANY PART OF INDIANA . IF AN INDIVIDUAL OR A

GROUP OF PEOPLES WHO MIGRATES FROM ONE PLACE TO

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 ANOTHER CANNOT GETS HIS TRANSFER OF IDENTY FOR PLACE

AND SOME BASIC SCHEME OF GOVT BECAUSE OF JANADHAR

CARD.

 THE JANADHAR CARD ALSO AFFECTS THE ARTICLE 21

GURANATEES THE PRODUCTION LIFE AND PERSONAL

LIABILITY BY LEAKING OF PERSONAL INFORMATION TO

PRIVATE SECTORS OR AN INDIVIDUAL GROUPS.

2.4 AFFECTING THE RIGHT FOR EDUCATION.

 THE JANADHAR CARD IS ALSO AFFECTING IN THE ARTICLE 29

TO 30 WHICH CONTAIN THE EDUCATIONAL RIGHTS WITHOUT

OBTANING THE JANADHAR CARD THE STUDENT OR THE

CHILDREN CANNOT AVAIL ANY BENEFITS SCHEMES OF THE

STATE OR CENTRAL GOVT OR EVEN CANNOT PURSUE THEIR

STUDIES SO IT IS AFFECTING THE RIGHT FOR EDUCATION.

2.5 AFFECTING THE TRIABLE AND MINORITY PEOPLES.

 THE JANADHAR CARD IS ALSO AFFECTING THE PRODUCATION

OF MINORITIES IN ARTICLE 29 WHICH DEALS WITH THE

PRODUCTION OF INTEREST MINORITY IS AFFECTING DUE TO

JANADHAR CARD1. IF THE MINORITY DIDN’T OBTAIN THE

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 JANADHAR CARD, HE CANNOT GET THE ANY BENEFITS OF THE

GOVT WHICH IS GIVEN TO THE TRIABLE PEOPLES OR

MINORITIES2, THEREFORE IT IS ALSO AFFECTING THE TRIABLE

AND MINORITY PEOPLES3 WHICH TOTALLY VIOLATES THE

PART III OF CONSITUTION OF INDIANA.

1.ARUNA ROY,NIKHIL DEY V UNION OF INDIA

2.SHANTHA SINHA V UNION OF INDIA

3.NAGRIK CHETNA MANCH V PRADEEP KUMAR SINHA

2.WHAT IF BANKS AND PRIVATE FINANCE INSTITUE USE THE DATABASE ?

3.1MISSUSE OF AN INDIVIDUAL DATABASE.

 S BANK, Y INFOSERVE, FOR ILLEGALLY STORING AND USING

AADHAAR DATA TO IMPERSONATE PEOPLE AND CARRY OUT

TRANSACTION. ALLEGEDLY, Y INFORSERVE AND X PROVIDER HAD

CONDUCTED MULTIPLE TRANSCATIONS USING THE SAME

FINGERPRINT, WHICH IMPLIED THAT ORGANISATIONS ARE

ILLEGALLY STROING BIOMETRIC DATA ON THEIR SERVERS.3

3S.G VOMBATKERE V UNION OF INDIA

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 1. 2.VICKRAM CRISHNA V UIDAI

2. WHAT IS THE LEVEL OF PRODUCTION LAW AND PRIVACY LAW FOR

JANADHAR CARD ?

4.1 LEVEL OF PROTECTION.

 A STRONG DATA RPOTECTION LAW AND PRIVACY LAWS SHOULD

COME SOON TO BRING AN ACCOUNTABLE STRUCTURE FOR THE

USE AND MISUSE OF CITIZEN DATA.

4.2 ALERT LESS OF JANADHAR CARD.

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  ON JANUARY 6, 2017 THE OFFICIAL TWITTER ACCOUNT OF THE

AADHAAR TWEETED GIBBERISH TWEET AND PEOPLE THOUGHT

THAT THEIR ACCOUNT HAS HACKED. NOW THE FUNNY THING IS

THAT THEY SAID THAT SOME FILES WERE MISTAKELY KEPT ON

THE KEYBOARD, SO IT HAPPENED AND THEIR ACCOUNT WAS NOT

HACKED. THIS MEANS THEIR ACCOUNT IS LOGGED INA DN OPEN

AND ANY ONE CAN…

4.3. FAKING OF JANADHAR CARD

 AN EXAMPLE OF HOW EASY IT IS TO MAKE A FAKE AADHAR IS

THAT JHANSI’S QUEEN COW, PUPPPY, MANTU DOG EETC. HAD

THEIR AUNTY THEN, WHEN NEWS CAME IN THE MEDIA

4.4 HANDS OF HACKER AND MISSUSES.

 NOW YOU SHOULD BE THINKING THAT EVEN IF SOMEONE GOT

YOUR AADHAR NUMBER, THEN IT DOESN’T MATTER BECAUSE I

HAVE MY FINGERPRINTS WITH ME, HOW CAN SOME ONE TAKE IT ?

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 ONE CAN TAKE IT, AND CAN TAKE IT PERFECTLY 1. FOR EXAMPLE,

A HACKER NAMED JAN KRISSLLER OBTAINED THE FINGERPRINTS

OF GERMANY DEFENSE MINISTER USING HER PHOTOGRAPHS

ONLY.4 THIS NEWS WAS COVERED WHOLE WORD MEDIA.

1.1BINOY VISHWAM,BEZWADA WILSON,S.G VOMBATKERE V UNION

OF INDIA

3.MATHEW THOMAS V UNION OF INDIA

4.VICKRAM CRISHNA V UIDAI

5. HOW SAFE IS JANADHAR CARD IS?

5.1. SAFETY LESS OF JANADHAR CARD.

THE DATA IS ON THE FAMOUS CRICKET PLAYER, AADHAAR NUMBER

AND THE REST OF THE INFORMATION WAS LEAKED WHEN HE WENT TO

4S.G.VOMBATKERE V UNION OF INDIA

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 REGISTER5 HIS AADHAAR AND ONE OF HIS “FAN” HAD POSTED ALL

INFORMATION ON TWITTER. WHEN HIS WIFE TO THE HON’BLE MINISTER.

NOW THE POINT IS THAT UIDAI IS A CENTRAL BODY AND IT HAD

OUTSOURCED THE RESPONSIBILITY OF COLLECTING THE DATA TO 556

PRIVATE AGENCIES. THERE HAVE BEEN 1,390 COMPLAINTS AGAINST THEM

AND THE PROCEEDINGS TOOK PLACE ONLY IN THE CASE OF FAMOUS

CRICKET PLAYER.

5.2 ALIEN COUNTRY.

5BINOY VISHWAM,BEZWADA WILSON,S.G VOMBATKERE V UNION OF INDIA

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  AND WHAT IS THE GUARANTEE THAT COUNTRIES WILL NOT

HACK INTO THIS GIANT DATA, WHEN THEY HAVE DONE SUCH

ACTS BEFORE.6

6MATHEW THOMAS V UNION OF INDIA

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 PRAYER FOR RELIEF

IN THE LIGHT OF THE FACTS STATED, ARGUMENTS ADVANCED AND

AUTHORITIES CITED, THE PETITIONER HUMBLY PRAYS BEFORE THE HON’BLE

COURT, TO BE GRACIOUSLY PLEASED TO DECLARE

1. THAT THE RIGHT OF PRIVACY” IS GUARANTEED IN THE PART III OF

CONSTITUTION OF INDIANA

2. THE JANADHAR CARD SCHEME IS UNCONSTITUTIONAL AND VIOLATES

THE PROVISIONS OF PART III OF THE CONSTITUTION OF INDIANA

3. THAT STOPING THE BANKS AND PRIVATE FINANCE INSTITUE USE THE

DATEBASEWITHOUT THE KNOWLEDGE OF JANAHAR CARD HOLDER

4. TO PROVIDE THE INFORMATION TO THE PEOPLE OF THE LEVEL OF

PROTECTION LAW AND PRIVACY LAW OF JANADHAR CARD

5. TO PROVE HOW SAFE IS JANADHAR CARD

And pass any other order that this Hon’ble Court may be pleased to deem fit in the interests of

justice.

---- COUNSEL FOR PETITIONER

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