https://www.thehindu.com/news/natio...-on-sept-26/article25039815.ece?homepage=true
NEW DELHI, September 25, 2018 18:58 IST
Updated: September 25, 2018 19:39 IST
The challenge against Aadhaar had begun even before the Aadhaar law came into existence in 2016.
A Constitution Bench of the
Supreme Court, led by Chief Justice , is scheduled to pronounce on Wednesday its much-awaited judgment on whether the Aadhaar scheme is unconstitutional and a violation of the fundamental right to privacy and personal body autonomy.
The five-judge Bench, also comprising Justices
reserved their judgment in May last, thus ending over seven years of various challenges against Aadhaar before various apex court Benches.
The Constitution Bench is scheduled to give three opinions by Justices.
The challenge against Aadhaar had begun even before the Aadhaar law came into existence in 2016.
In
hearings that spanned over four months, the government and the Unique Identity Authority of India (UIDAI) time and again stressed before the Constitution Bench that Aadhaar has covered 99% of the population and is voluntarily accepted as a unique identifier by the masses.
An Aadhaar card gives the poor the dignity of an identity, the government argued.
On the other hand,
27 different petitions argued that Aadhaar is an electronic leash that leads the gullible citizen towards a totalitarian State. The aggregation of personal data of citizens in a central base is prone to leakage. The record of personal data of every citizen would enable the State in future to profile citizens, track their movements, assess their habits and silently influence their behaviour.
Over time, the profiling enables the State to stifle dissent and influence political decision-making, senior advocate argued for the petitioners.
The historic judgment of August 2017, which
upheld privacy as a fundamental right, is an off-shoot of the Aadhaar litigation. Whether the nine-judge Bench judgment would rub off on the Aadhaar verdict on Wednesday is to be seen.
Informed consent
The 27 petitions are a comprehensive challenge against Aadhaar, including the constitutional validity of the
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act of 2016, which was
introduced as a Money Bill.
The petitions have contended that most people were enrolled into Aadhaar between 2009 and 2016, that is, before the Act came into existence. If so, were the consent of those enrolled an informed one?
The petitions have raised the fact that most of the Aadhaar enrollment agencies were private ones. They collected highly-sensitive personal data from lakhs of citizens without any audit. Quite a few were blacklisted by the UIDAI.
The petitions also raised a question about the
139 notifications issued by various government departments under Section 7 of the Aadhaar Act. These notifications, they alleged, made Aadhaar linkage a mandatory condition to access social welfare scheme and benefits.
The petitions also highlighted the government’s push to link Aadhaar numbers with SIM cards, bank accounts and PANs. The implementation of these have been indefinitely postponed till the court’s final judgment.
The petitioners had argued that a person’s very existence should not hinge on just one source. A person may suffer “civil death”. The right to choose, whether or not to enroll for Aadhaar, is a fundamental right, they argued.
Data breach
Justice had once pointed out how the “1.3 billion Indians may be poor, but we are a goldmine of commercial information”.
The government and the UIDAI have asserted that Aadhaar is not a “fly-by-night effort to score some brownie points” and personal data collected from millions of people was safe from breach.
It would take hackers “more than the age of the universe for the fastest computer on earth, or any super computer, to break one key” of Aadhaar encryption, UIDAI CEO had assured the Supreme Court in a PowerPoint presentation conducted in the courtroom.
UIDAI CEO submitted that UIDAI does not “collect emotions, likes/dislikes or pull out data” and that it has no aggregate record of the prupose, location or details of data of Aadhaar holders.
The government and the UIDAI said “legitimate State interest” to fight against bogus identities and “larger public interest” were one and the same.
The UIDAI asked the Supreme Court to not fall for the “hyperphobia” of the petitioners.
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The UID number, popularly known as Aadhaar, was envisaged as an end to fake or multiple identities
The UID number, popularly known as Aadhaar, was envisaged as an end to fake or multiple identities. However, the ambitious scheme has been facing controversies and successive governments have been silent on questions on the security of personal data collected by the Unique Identification Authority of India (UIDAI). A Constitution Bench of the Supreme Court is hearing arguments on whether Aadhaar breaches the privacy of citizens.
The current NDA government has gone ahead with linking Aadhaar with various centrally sponsored schemes. It has maintained in courts that obtaining an Aadhaar number and using it to avail subsidy is voluntary.
The Aadhaar Act, tabled as a Money Bill and passed by the Lok Sabha, says its aim is to “ provide for targeted delivery of subsidies and services to individuals residing in India by assigning them unique identity numbers, called Aadhaar numbers,” and does not mention the word ‘mandatory.’ But it is now unavoidable, as over 50 schemes are linked to Aaadhar.
As proof of identity
Aadhaar is accepted as a valid identity proof by the Central and all State governments for availing services, including application for passport, opening of bank or insurance accounts, getting telephone and mobile phone connections, and buying rail tickets and availing concessions.
To verify electoral rolls
In order to keep a check on multiple entries in electoral rolls, the Election Commission has started a drive to include Aadhaar number along with Electors Photo Identity Card or voter Id card.
To open bank accounts and transact over ₹50,000
The Centre on June 16, 2017 made quoting of Aadhaar mandatory for opening of bank accounts as well as for any financial transaction of ₹50,000 and above.
Existing bank account holders have been asked to furnish the Aadhaar number by December 31, 2017, failing which the account will cease to be operational, according to a Revenue Department notification.
