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(Shivi Shrivastava and Vaibhav Singh are third year students at Institute of law, Nirma University, Ahmedabad)
INTRODUCTION Ever Since the inception of the Aarogya Setu app, it has been swarming with controversies and debates. Amidst the grave public health crisis, Prime Minister Narendra Modi on 2nd April 2020 launched this application to keep a track of the health status of citizens and for coronavirus case contact tracing. Earlier on 1st May 2020, the Ministry of Home Affairs with an objective to augment the number of users issued the guidelines which mandated the use of Aarogya Setu for both public and private employees. But the latest guidelines of 17th May ruled that the private sector employees should on a best effort basis ensure that the application is installed in their phones. The app is still required for train travel, air travel and even most of the government employees. In addition to this, the Jharkhand High Court has passed an order making installation of Aarogya Setu Application a prerequisite condition for granting bail. As the coronavirus positive cases are incessantly proliferating, the government, to protect the people, from the infection has started regulating their movement. There is no end to the gamut of restrictions that can be foisted through this app. The app has induced a miasma of distress as it breaches the privacy of citizens and grossly violates their fundamental right. The application seems to be a benign one but it is crammed with the potential to violate international conventions and principles. The app is invasive from the security and safety point of view as it is silent on the requisite data confidential practices.
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