02.05.2020 - Covering Letter To Joint Representation - IfF - 2020 - 131

internetfreedom.in @internetfreedom +91 011 4143 7971 [email protected]
By Email
Without Prejudice

To:
Shri Narendra Modi
Prime Minister
Government of India
Email: [email protected]
Also through : CPGRAMS Portal

Dated: 2 May 2020 Ref. No. IFF/2020/131
Subject: Covering letter for the Joint representation against the mandatory
installation of Aarogya Setu

Dear sir,
1. Internet Freedom Foundation (IFF) is a digital liberties organisation registered as a
public charitable trust which aims to ensure that technology respects and furthers
fundamental rights of internet users in India. We work across a wide spectrum of
issues, with expertise in free speech, electronic surveillance, data protection, net
neutrality and innovation. In particular, we believe in the democratizing potential of
technology and work towards ensuring that every Indian has access to a free and
open internet.

2. We write this covering letter with a copy of a joint representation signed by 44
organisations and 104 individuals on the issue of the Aarogya Setu App dated May 1,
2020. This representation made on the occasion of labour day is to state the
negative impact of requiring the installation of the Aarogya Setu App on ordinary
workers across the country. The endorsements are from trade unions, people's
movements, digital rights organizations, public health experts, former civil servants
and bureaucrats, activists, academics, technologists, journalists, lawyers etc.

3. Subsequent to this joint representation we note that an Order No
40-3/2020-DM-I(A) has been issued on May 1, 2020 around 6:00 PM by the Ministry
of Home Affairs requiring mandatory installation of Aarogya Setu. This goes against
the core demands of the joint representation which is attached to this covering
letter. We at IFF in continuation of this Joint Representation dated May 1, 2020
E-215, Third Floor, East of Kailash, New Delhi 110065

through this covering letter request specific review of Order No
40-3/2020-DM-I(A).

4. Presently the Order No 40-3/2020-DM-I(A), which has been issued under Section
10(2)(I) of the Disaster Management Act, 2005 mandates for the mandatory
installation and operation of Aarogya Setu in two specific ways:

a. First, after classification of the districts into three zones, for the Red
(Hotspots) Zones, a further sub-classification has been made for,
“containment zones”. As per the Order under Section 3(iii), “The local
authority shall ensure 100% coverage of Aarogya Setu app among the
residents of Containment Zones”.
b. Second, at Para 15(i) further reference is made for, “all the district
magistrates” to, “strictly enforce the lockdown measures” for, “public and
workplaces, as specified in Annexure I”. This direction extends to all three
zones. Annexure I further states at Point No. 15 that, “Use of Aarogya Setu
app shall be made mandatory for all employees, both private and public. It
shall be the responsibility of the Head of the respective Organisations to
ensure 100% coverage of this app among employees”.

Kindly note there are no exceptions or conditionality provided in these directions
which place emphasis on 100% coverage in effect meaning total and complete
mandatory installation of Aarogya Setu for all workers, all across the country.

5. We further note that Order No 40-3/2020-DM-I(A) indicates criminal penalties for
non-compliance in Paragraph No. 16 that states, “Any person violating these
lockdown measures and the National Directives for Covid-19 Management will be
liable to be proceeded against as per the provision of Section 51 to 60 of the Disaster
Management Act, 2005, besides legal action under Section 188 of the IPC and other
legal provisions as applicable”. The specific provision that may be attracted for
prosecution under the Disaster Management Act, 2005 is Section 51(b) that provides
for a maximum punishment of up to 1 year for disobedience, and 2 years when such
actions may lead to a loss of life. The penalty for conviction under Section 188 of the
IPC extends to 6 months imprisonment.

6. Through this covering letter we at IFF assert that the original text of the demands
that are attached and endorsed by a wide collective of organisations and individuals
have clearly indicated the harm and injury which will be caused due to the
mandatory imposition of Aarogya Setu. We assert that the reasoning and the
demands which require a greater focus on health care and labour rights during this

time are the prefered constitutional obligation and goal as opposed to the
mandatory installation of a smartphone application. Worse, the non-compliance
invites a criminal penalty thereby being a threat not only to the livelihood but also
the liberty of workers all across India. This marks a dramatic shift from a model of,
“encouragement” and trust to one of, coercion and compulsion which we urge your
offices to kindly reconsider.

7. Kindly find attached more detailed reasons on the impact of Aarogya Setu in the
Joint Representation endorsed by 44 organisations and 104 individuals for your
consideration. As stated before the underlying demands, reasoning and justifications
remain unchanged and valid. In view of this we urge your offices to generally require
that Aarogya Setu (without prejudice to the larger concerns around it) remains at
the very least a purely voluntary measure. More specifically, we urge you to make
specific changes to Order No 40-3/2020-DM-I(A) considering the spirit and text of
this joint representation.

Kind Regards,
Apar Gupta, Advocate

Executive Director, Internet Freedom Foundation
[email protected]

CC:
Shri Amit Shah Shri Ajay Kumar Bhalla
Minister of Home Affairs Unioon Home Secretary
Government of India Government of India

Email: [email protected] Email: [email protected]
[email protected]
[email protected]


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internetfreedom.in @internetfreedom +91 011 4143 7971 [email protected]

E-215, Third Floor, East of Kailash, New Delhi 110065

internetfreedom.in @internetfreedom +91 011 4143 7971 [email protected]

E-215, Third Floor, East of Kailash, New Delhi 110065

internetfreedom.in @internetfreedom +91 011 4143 7971 [email protected]

Apar Gupta, Advocate

E-215, Third Floor, East of Kailash, New Delhi 110065

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