[Urbanstudy] PIL says Aadhaar encroaches right to protect self-information

[Vinay Baindur]

http://www.thehindu.com/news/national/aadhaar-encroaches-right-to-protect-selfinformation-says-pil/article6849298.ece


Aadhaar encroaches right to protect self-information, says PIL

KRISHNADAS RAJAGOPAL



The Supreme Court sought a clarification on the Union Government's current
position on the issue.

The Supreme Court on Monday asked the government to look into a public
interest petition contending that the Aadhaar scheme is “laden with fraud”
and a danger not only to the citizen's privacy and dignity, but also to his
“right to protect self-information”.

A Bench led by Chief Justice of India H.L. Dattu summoned Solicitor-General
Ranjit Kumar to the courtroom and sought a clarification on the
government's current position on the issue.

“We heard the government itself is having second thoughts,” Chief Justice
Dattu orally observed. Mr. Kumar sought time to study the petition and come
back with an answer.

The Bench scheduled the case for hearing on February 13, but did not issue
formal notice to the government.

The hearing came on a petition filed by Bangalore-resident and social
activist, Mathew Thomas, demanding how the Unique Identification Authority
of India (UIDAI), “which is not even a statutory body rolled out Unique ID
(UID) scheme called “Aadhaar” Scheme, for collection of personal data of
residents of India”.

Mr. Thomas, represented by senior advocate Gopal Subramanium and advocate
Aishwarya Bhati, pointed that various governmental bodies have made
availing essential services as well as withdrawal of salary contingent upon
possession of Aadhaar card.

“It is not mandatory, but yes, there is some insistence,” Chief Justice
Dattu orally observed at this juncture.

“To ask anybody information, you should have authority by law. You should
have a credible structure,” Mr. Subramanium continued. He argued that
enlisting citizens in the Aadhaar scheme is not “exactly a government
activity, but outsourced to private contractors”.

“On the surface it (Aadhaar) is a simple document of identity, but it has
linkages by means of iris scans and biometricdetails. God forbid if
identities are exchanged or mistaken. the Executive's scheme involves
private partners. Who are these private partners?” Mr. Subramanium
submitted.

Submitting how the ordinary man is now prone to the perils of identity
fraud, Mr. Subramanium said the “Sovereign State also has the duty to
protect its citizens, to protect his identity, his personal information
against possible misuse”.

In this connection, the petition also sought the quashing of Section 14-A
of the Citizenship Act, 1955 on the ground that “it does not prescribe to
what extent private information of citizens shall be required and leaves it
to the discretion of Executive”.

Keywords: Supreme Court
<http://www.thehindu.com/news/national/aadhaar-encroaches-right-to-protect-selfinformation-says-pil/article6849298.ece#>
, Aadhaar
<http://www.thehindu.com/news/national/aadhaar-encroaches-right-to-protect-selfinformation-says-pil/article6849298.ece#>
, right to protect self-information
<http://www.thehindu.com/news/national/aadhaar-encroaches-right-to-protect-selfinformation-says-pil/article6849298.ece#>
, Aadhaar PIL
<http://www.thehindu.com/news/national/aadhaar-encroaches-right-to-protect-selfinformation-says-pil/article6849298.ece#>
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