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Can’t leave 160 million WhatsApp users ‘trapped in a corridor of Charity’ : Supreme Court

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Whatsapp, Pixabay
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New Delhi, May 16, 2017: Online messaging service WhatsApp on Tuesday sought to assure the Supreme Court that it has never shared the contents of the messages between its users with third parties even as the top court said that it could not leave 160 million users “trapped in a corridor of charity”.

The five-judge constitution bench headed by Justice Dipak Misra indicated that it would examine the 2016 privacy policy of the online messaging app on the reopening of the court after its summer vacations.

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Besides Justice Misra, the bench includes Justice A.K. Sikri, Justice Amitava Roy, Justice A.M. Khanwilkar and Justice Mohan M. Shantanagoudar.

The court said that it would examine the new privacy policy, which WhatsApp had brought in 2016, after it was acquired by the social networking site Facebook, on the grounds whether it was contrary to public policy and whether it was required to be put to constitutional controls.

However, this would happen only if the court comes to conclusion it required judicial interference, said the bench in course of the hearing of a plea by petitioners Karmanya Singh Sareen and Shreya Sethi who have challenged the Delhi High Court’s September 23, 2016 order allowing WhatsApp to roll out its new privacy policy but stopping it from sharing the data of its users collected up to September 25, 2016, with Facebook or any other related company.

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Tuesday was the second day of the hearing and further hearing would take place after top court reopens after summer vacations. On Monday, the court had asked WhatsApp why it changed its policy of non-sharing of data of users after its acquisition by Facebook ito permit sharing of the attributes of its users.

Resuming his arguments on the maintainability of the petitions challenging the Delhi High court verdict, senior counsel K.K. Venugopal, appearing for Facebook, said: “We can file an affidavit stating that not a single piece of information has been shared with anybody. Even I cannot access the information if I want to. There is no element of human intervention in the process. Machines take care of this.”

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He said that any fundamental right – be it of communication or choice of communication – could only be invoked against the state and not against a private entity like WhatsApp, which was not discharging public functions. He argued that petitioners challenging its 2016 new privacy policy will have to first approach the regulatory authorities – TRAI.

He said that regulations framed under the Information Technology Act in 2009 and 2011 covered WhatsApp – a position contested by the petitioners who are contending that these regulations have been outpaced by the technological advancements.

Reiterating that it was in no position to go into the contends of the messages exchanged between its users as they were in encrypted form, senior counsel Siddharth Luthra, appearing for WhatsApp, told the bench that it was not generating meta data and all that was being shared was contact details, profile photo and status of the users of the App.

Lawyer Madhvi Divan, appearing for the petitioners, said that WhatsApp was using public resource like spectrum and was performing public functions.

Comparing it with telephone services, Divan said while one was paying for availing telephone services, WhatsApp was free but describing its operation as “economic espionage in the name of free service”, urged the bench to look at their business model. (IANS)

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All You Need to Know About the Sport of Jallikattu

Jallikattu is certainly a dangerous sports, which poses a risk of life for the participants.

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banned bull taming sport of Tamil Nadu
Jallikattu sport of Tamil Nadu, Wikimedia

By Ruchika Verma

  • Jallikattu is a traditional Tamil sport
  • The sport involves bulls and humans, the latter trying to control the former
  • The sport was banned in 2014, which created a lots of controversy

Jallikattu or Sallikkattu, also known as ‘eru thazhuvuthal’ and ‘manju virattu’ traditionally, was in news last year, around this time due to the ban imposed on it by the Supreme Court. The ban was much hyped and gathered a plethora of media’s attention.

Jallikattu ban was much hyped. Wikimedia Commons
Jallikattu ban was much hyped. Wikimedia Commons

Jallikattu ban has also garnered lots of political attention due to the involvement of Tamil Nadu and Central governments. The issue is much hyed due to the political context involved in it too.

What exactly is Jallikattu ? 

Jallikattu is a traditional sport and spectacle in which bulls of the Pulikulam or Kangayam breeds are released into a crowd of people, and multiple human participants attempt to control the bulls while they try to escape.

Jallikattu is seen as animal cruelty by many activists. Flickr
Jallikattu is seen as animal cruelty by many activists. Flickr

Jallikattu is practised in the Indian state of Tamil Nadu as a part of Pongal celebrations. The districts, Madurai, Thanjavur, and Salem are the most famous for conducting Jallikattu. The game dates back to Tamil classical period, which went back to 400 BC. Ancient Tamil Sangam literature described the practice as ‘Yeru thazhuvuthal’ which literally means “bull embracing.” With time the sport has become synonymous with valour and bravery.

Also Read : Tamil Nadu legalises Jallikattu with a New Law

What happens in Jallikattu and how?

The bulls participating in the game are all lined up behind a narrow gate and released one by one into the arena. The participants have to either control the bull by holding its hump or clutch away a flag attached to the horns. Owners of the bulls often announce prizes for the man who gets the hold of their bull.

The objective of the game is not to kill or overpower the bull, but to hold onto their hump for a certain amount of time or distance.

The participants are only allowed to hold onto the hump of the Bull. www.in.com
The participants are only allowed to hold onto the hump of the Bull. www.in.com

There are three variants to the game. First, when the  bulls are released from an enclosed area. Second, when the bull is directly released into open ground. And third, when bull is tied to a rope as the only restriction, and a team of 7-9 members has to untie the prize from the bull’s horns in 30 minutes of time period.

The gate through which bulls enter the arena are called vadi vasai. The bulls charge at the men standing most near to the gate. One of the rules also say that a participant is only allowed to hold bull’s hump and no other body part. The other rules varies from region to region.

Also Read : Animal rights organisations challenge new law on Jallikattu

Jallikattu Ban and Controversy

Jallikattu is certainly a dangerous sports, which poses a risk of life for the participants.

In 2014, The Supreme Court banned the sport, endorsing the activists’ concerns according to which, Jallikattu is not only cruelty towards the animal, but also poses a threat to humans. According to the data provided, between 2010 and 2014, 17 people were killed and approximately 1000 were injured during Jallikatu.

The Jallikattu ban was protests by many Tamilians.
The Jallikattu ban was protests by many Tamilians.

However, the ban invited a lots of protests. Many Tamil communities called this ban a violation of their culture and tradition.

In 2017, many lawyers plead to remove the ban which was rejected by the court. After requests and arguments of Tamil communities, central government reversed the ban, however, after Supreme Court stuck the order down, the ban was imposed again. However, the government of Tamil Nadu sanctioned the sport and brought it back into the practice.