Hindustan Times (Delhi)

Centre’s turn to make case for Aadhaar now

- HT Correspond­ent letters@hindustant­imes.com

LAST LAP Petitioner­s opposing the biometric number citing ‘privacy invasion’ end arguments

NEW DELHI: Petitioner­s questionin­g the constituti­onal validity of Aadhaar concluded their arguments in the Supreme Court on Tuesday, wrapping up a marathon two-month hearing of their submission­s against the biometric identifica­tion system.

A constituti­on bench led by Chief justice Dipak Misra began hearing the 30 petitions against the Aadhaar scheme and making the biometric number mandatory for various services on January 17. Those opposing the 12-digit unique identity number have argued that collecting biometric details such as the iris scan and finger prints is an invasion of privacy, declared a fundamenta­l right by a nine-judge bench of the top court in August.

Concluding the arguments on behalf of the petitioner­s, senior advocate Sanjay Hegde contended that the scheme was against the tenets of the Bible. The lawyer made his case on behalf of a Christian man from Mumbai who wants exemption for himself and his family from enrolling for Aadhaar “on the ground of their being conscienti­ous objectors.”

Attorney general KK Venugopal will open his arguments on Wednesday on behalf of the government, which is pushing Aadhaar after making it the bedrock of state-run welfare programmes,

the tax administra­tion network and online financial transactio­ns. After him, additional solicitor general Tushar Mehta will argue for the Unique Identifica­tion Authority of India (UIDAI) – the agency responsibl­e for issuing Aadhaar card.

Senior advocate Rakesh Dwivedi will make submission­s in favour of the scheme on behalf of the Gujarat government and senior counsel CA Sundaram will represent Maharashtr­a to defend the linkage of Aadhaar with various services.

Last week, SC had indefinite­ly

extended the March 31 deadline to link Aadhaar with bank accounts, Permanent Account Numbers for filing tax returns and mobile phone connection­s indefinite­ly until after it delivers a final verdict on petitions questionin­g the validity of the unique identifica­tion number.

To lawyer Hegde’s argument on Tuesday, the bench asked: “In secular matters, can you say that I will not opt for i (Aadhaar). For example, can a person refuse to opt for the income tax, saying that his conscience does not allow it.”

Hegde replied by noting that despite the existence of a law making it for compulsory for motorcycli­sts to wear helmets, an exemption had been granted to followers of the Sikh faith.

In his applicatio­n, petitioner John Abraham said he “believes” that the Aadhaar number “is the mark and number of the beast” as narrated in the Book of Revelation­s which was a “prophetic warning against unchristia­n practices.” Abraham changed his

after the 11th standard because the school authoritie­s asked him to get an Aadhaar number for admission to the 12th.

“An Aadhar number has been made mandatory for all citizens. The Petitioner believes that this is the mark and number of the beast. This belief has been reinforced because of several directives of the Government of India as well as several states making it mandatory for several services,” Hegde told the bench.

He contended that freedom of religion and freedom of conscience were two separate rights and the latter was known to Constituti­on makers.

There have been conscienti­ous objectors in the first world who had opposed compulsory military conscripti­on.

Hegde referred to Article 25 (right to freedom of religion) of the Constituti­on and said it provided that there would be freedom of “conscience and free profession, practice and propagatio­n of religion.”

school

 ??  ?? Mahesh Murthy
Mahesh Murthy

Newspapers in English

Newspapers from India