The Supreme Court has issued notice to all the states to respond to petitions challenging the constitutional validity of Aadhaar cards, and it being made mandatory for enjoying the benefits of the government's social welfare schemes.
A PIL had been filed contending that the entire Aadhaar scheme was unconstitutional as the biometric data collected under it was an incursion and transgression of individual privacy.
A bench of Justice B.S. Chauhan and Justice S.A.Bobde sought the views of states' to ascertain their understanding of the nature of the UID scheme and whether they have also linked Aadhaar cards to such services.
The petitioners include Justice K Puttaswamy, former high court judge, seeking to restrain the Centre, Planning Commission and the Unique Identification Authority of India (UIDAI) from issuing Aadhaar cards by way of an executive order of January 28, 2009.
Notice was issued after court was told that a large number of States have linked the entitlement of socially and economically beneficial schemes with the Aadhaar scheme.
Referring to the provisions in various State, senior counsel Shyam Divan told the court that possessing a Aadhaar card has become necessary for the registration of marriages under Hindu Marriage Act, Special Marriage Act, solemnization of marriages, admission to schools, drawing salaries, and for securing essential services, cooking gas, rural jobs scheme, food subsidy and other welfare schemes.
Divan, said that even if the Aadhaar scheme was voluntary even then the government could not keep such personal data of the citizens as it violated Article 14 and 21 of the Constitution and would remain a coercive instrument in the hands of the government.
Pointing to the possible commercial use of this digitized biometric data, Divan said that besides being unconstitutional, the entire project was being executed by private enterprises with no statutory rules and guidelines to safeguard the data from being misused.
The court will take up the matter for further hearing on December 10.
(with inputs from IANS and ANI)
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