Tl;dr
Today, we sent a joint representation to the Prime Minister's Office that is endorsed by 45 organisations and more than 100 individuals against the mandatory use of the Aarogya Setu App dated May 1, 2020. This joint representation becomes all the more urgent given yesterday's direction by the Home Ministry for the mandatory use of Aarogya Setu and for it's "100% coverage" especially in all workplaces. Violation of this direction can lead to criminal penalties thereby Aarogya Setu now not only impacts the data privacy of workers, or can lead to risks of exclusion and misidentification, a person not having it on their phone can also be charged with a criminal offence. This marks a dramatic and clear shift in government policy on Aarogya Setu from, "encouragement" towards coercion and increases the legitimacy of the demands articulated by the joint representation.
A joint representation co-signed by 45 organisations and more than 100 people
In yesterday's post we released a joint representation signed by 37 organisations and 75 individuals against mandating the use of the Aarogya Setu on workers. After we opened it for further sign-ons this number has grown to 45 organisations and more than 100 individuals who have expressed solidarity against the mandatory imposition of Aarogya Setu on workers. The endorsements are from a broad swathe of Indian society including trade unions, people's movements, digital rights organizations, public health experts, former civil servants and bureaucrats, activists, academics, technologists, journalists, lawyers etc.
A copy of the joint representation was sent today with a covering letter to the Prime Minister's Office with a copy to Ministry of Home Affairs and other central government ministries.
To this we attached a covering letter dated May 2, 2020 which further notes with concern yesterday evening's development of the issuance of 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.
Aarogya Setu : Not only mandatory but also criminal penalties
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:
- 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”.
- 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 responsibility of the Head of the respective Organisations to ensure 100% coverage of this app among employees”.
Presently here 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. The order further 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.
Hence, the mandatory imposition of Aarogya Setu is not only an issue of data privacy but second order harms which spring from it now includes loss of urban mobility, use of public spaces and transit, livelihood and personal liberty for millions of Indians all over India. Specially those without smartphones devices given the lack of any exemption categories.
Intention for further action
We at IFF in continuation of this Joint Representation dated May 1, 2020 and through this covering letter have requested specific review of Order No 40-3/2020-DM-I(A) and will also be shortly reaching out to each one of the co-signees and collaborators urging them to send individual letters of concern as much as examine further advocacy actions against this grave breach.
We also remain open to any suggestions and advice on what we can do better, or different not only through our collaborators, but even members of the public. We invite you to write to us, or discuss these issues over at the Internet Freedom Forum.
As stated before we at IFF will continue conducting public advocacy, awareness especially through digital media as well as continue to engage pro-actively with all government institutions on the issues concerning Aarogya Setu. This includes representations, RTI requests as well as other legal remedies which may be examined at an appropriate stage in consultation with IFF's legal team and several lawyers who continue to volunteer thier time and labour towards protecting fundamental rights.
Final list of signatories
The full list of 45 organisations and more than 100 individuals who have expressed solidarity against the mandatory imposition of Aarogya Setu through the Joint Representation dated 01.05.2020 sent to the Government is given below:
| Organisation Name |
|---|
| Access Now |
| ADF India |
| All India Central Council of Trade Unions |
| All India Union of Forest Working People |
| Amnesty India |
| Asia Dalit Rights Forum |
| Association for Progressive Communications |
| Association for Protection of Democratic Rights |
| Bachchao Project |
| Chennai Metropolitan Construction and Unorganised Workers Union |
| Common Cause |
| Delhi Solidarity Group |
| Digital Empowerment Foundation |
| Feminism in India |
| Forum Against Oppression of Women, Bombay |
| Foundation for Media Professionals |
| Free Software Community of India |
| Human Rights Law Network |
| Indian Delivery Lions Organization |
| Indian Federation of App Transport Workers |
| Indian Journalists Union |
| Indian Social Action Forum |
| Indic Project |
| Internet Democracy Project |
| Internet Freedom Foundation |
| Jan Swasthya Abhiyan, Mumbai |
| Jharkhand Nagrik Prayas |
| LABIA - A Queer Feminist LBT Collective |
| Medianama |
| Metacept |
| Mazdoor Kisan Shakti Sangathan |
| National Alliance of People’s Movements |
| National Adivasi Alliance |
| National Fishworkers' Forum |
| Pakistan-India Peoples' Forum for Peace & Democracy, India Chapter |
| Point of View |
| Pothe Ebar Namo Sathi |
| Project Constitutionalism |
| People’s Union of Civil Liberties |
| People’s Union for Democratic Rights |
| Red Dot Foundation |
| Socialist Party of India |
| Swathanthra Malayalam Computing |
| Tandem Research |
| United Christian Forum |
| Individual Name | Profession/Affiliation |
|---|---|
| Abha Bhaiya | One Billion Rising |
| Abhinav Anand | Student |
| Akram Parvez | Technical Art Director |
| Ammu Abraham | PUCL Maharashtra |
| Anand Patwardhan | Film Maker |
| Ankur Sarin | Faculty, IIM Ahmedabad |
| Anuradha Kapoor | Feminist Activist |
| Arun PS | Policy Researcher |
| Ashish Ghosh | Retired Teacher, University of Delhi |
| Asis Kumar Das | Social Activist |
| Avani Chokshi | Advocate |
| Basawa Prasad Kunale | Advocate |
| Brijesh Kumar | Former Secretary, Ministry of Electronics & Information Technology |
| Brinda Adige | Ananya Mahila Okkutta |
| Ch Narendra | Senior Journalist |
| Chayanika Shah | Queer Feminist Writer and Researcher |
| Chitra R | Educator |
| Darshan R | Software Engineer |
| Deepak Mukarji | Founder Member, United Christian Front |
| Dr Shakeel | Physician |
| Dr. Mira Shiva | Public Health Physician |
| Dr.Mohan Rao | Former Professor, Centre of Social Medicine and Community Health, |
| Dr.Tusharkanti Dey | Community Health Adviser (Retired), All India Institute of Hygiene & Public Health |
| Felix Padel | Anthropologist and Author |
| Gautam Bhatia | Advocate |
| Geeta Seshu | Free Speech Collective |
| Gurbir Singh | President, Mumbai Press Club |
| Gurshabad Grover | Technology and Law Researcher |
| Harsh Kapoor | South Asia Citizens Web |
| Indira Unninayar | Advocate |
| Irfan Engineer | Director, Centre for Study of Society and Secularism |
| Janaki Srinivasan | IIIT-Bangalore |
| Japleen Pasricha | Feminist Activist and Entrepreneur |
| John Dayal | Former President, All India Catholic Union |
| Kalyani Menon Sen | Feminist Learning Partnerships |
| Kannan Gopinathan | Former IAS Officer and Activist |
| KP Sasi | Film Maker |
| Kunal Majumdar | Committee to Protect Journalists |
| Leo Saldanha | Researcher |
| Madhu Bhaduri | Retired IFS Officer |
| Madhu HS | Chartered Accountant |
| Maitreyi Krishnan | Advocate |
| Manoj Mitta | Journalist and President, FMP |
| Mary Mathai | Former Chemist and Homemaker |
| Meena Gupta | Retired Civil Servant |
| Megha Garg | Gandhi Fellow |
| Nachiket Udupa | Activist |
| Nadika N | Writer and Researcher |
| Nidhi Agarwal | Activist |
| Nikhil Naren | Advocate and Author |
| Oishik Sircar | Associate Professor, Jindal Global Law School |
| Padmini Ray Murray Design Beku | Design Beku |
| Pamela Philipose Journalist | Journalist |
| Paranjoy Guha Thakurta | Journalist and Filmmaker |
| Prabha Nagaraja | TARSHI |
| Pradeep Esteves | Context India |
| Prajval Shastri | Astrophysicist |
| Prof. Sandeep Kumar Shukla | Professor, Department of Computer Science and Engineering, IIT Kanpur |
| R Ramanujam | Professor, Institute of Mathematical Sciences, Chennai |
| Rahim Contractor | Civil Engineer |
| Rajinder Chaudhary | Former Professor, Department of Economics, M. D. University, Rohtak |
| Rashi Balachandran | Human Centred Designer |
| Reetika Khera | Associate Professor, IIM Ahmedabad |
| Revati Laul | Journalist and Director, FMP |
| Rishab Bailey | Technology and Law Researcher |
| Ritu Dewan | Director and Professor, Department of Economics, University of Mumbai |
| Rupsa Mallik | CREA |
| Salma Francis | Vision for Oasis Waves Society (VOWS) |
| Sandeep Pillai | Software Professional |
| Sandhya Gokhale | Forum Against Oppression of Women, Mumbai |
| Sanjay Kak | Film Maker |
| Satyavir Singh Former Principal Commissioner, Customs and Central Excise | Former Principal Commissioner, Customs and Central Excise |
| Saurabh Bhattacharjee | Assistant Professor, West Bengal National University of Juridical Sciences |
| Sebastian Poomattam | Lawyer and Priest |
| Sharanya Nayak | Activist |
| Shivaji Sarkar | National Union of Journalists |
| Shreya Munoth | Advocate |
| Soma Basu | Journalist and Media Researcher |
| Sonakshi Yadav | Student |
| Sreechand Tavva | Independent Technology Consultant |
| Srikanth L | Cashless Consumer |
| Srikanth. KS | Independent Researcher |
| Srinivas Kodali | Free Software Movement of India |
| Srinivasan G | Software Professional |
| Subhashis Banerjee | Professor, Dept of Computer Science and Engineering, IIT Delhi |
| Subodh Lal | IPoS (Retd.) Former Deputy Director General, Ministry of Communications, Government of India |
| Subodh S Gupta | Public Health Professional |
| Subodh Sharma | Professor, Dept of Computer Science and Engineering, IIT Delhi |
| Sudhanshu Pathania | Ph.D Scholar, NALSAR |
| Sujata Patel | Distinguished Professor, Savitribai Phule Pune University |
| Sukla Sen | Peace Activist |
| Sulakshana Nandi Public Health Researcher | Public Health Researcher |
| Sundar Burra Retired IAS Officer | Retired IAS Officer |
| Sunep Imsong Technologist | Technologist |
| Sunila Singh | Women's Rights Activist |
| Swati Punia Lawyer | Lawyer |
| Tara Murali Architect | Architect |
| Tarunima Prabhakar | Project and Research Lead, Tattle Civic Technologies |
| Teesta Setalvad Citizens for Justice and Peace | Citizens for Justice and Peace |
| Ujjwal Singh Professor, Department of Political Science, University of Delhi | Professor, Department of Political Science, University of Delhi |
| Vandana Mahajan | Independent Feminist |
| Vickram Crishna | Independent Researcher |
| Vinay K Sreenivasa | Advocate |
| Virginia Saldanha | Activist |
| Xavier Dias | Editor, Khaan Kaneej Aur Adhikaar |
| Zafar Iqbal | Former Civil Servant, Consultant and Advocate |
We remain committed working with more organisations and individuals to broaden the scope and improve the impact of interventions around Aarogya Setu. Please do feel free to reach out to us.
Important Documents
- Finalised Joint Representation dated 01.05.2020 sent to the Government with the list of signatories (link)
- Covering letter dated dated 02.05.2020 sent to the Government (link)
- Public call for endorsements on May Day against the mandatory imposition of Aarogya Setu (link)
- Comparative Analysis of Aarogya Setu (link)
- Working Paper on Privacy Concerns on Technological Responses to COVID-19 in India (link)