Hindustan Times (Jalandhar)

What’s wrong if Aadhaar used for welfare, asks SC

Petitioner­s say UID will tether Indians to a leash

- HT Correspond­ent letters@hindustant­imes.com

NEW DELHI: Is there anything wrong in using Aadhaar to increase the efficiency of government welfare schemes? That was the substance of questions posed by two judges, including the Chief Justice of India (CJI), on Wednesday as a Constituti­on bench of the Supreme Court began hearing pleas against the unique identifica­tion number in one of the most keenly watched cases of recent times.

To be sure, the questions were more in the nature of observatio­ns, and these do not necessaril­y have any bearing on the judgment itself, although they do reflect the line of thinking on the bench.

The petitioner­s opposing Aadhaar said the National Democratic Alliance’s government’s ambitious biometric-driven “project sought to tether every resident of India to an electronic leash”.

“The state may say all we are trying to do is ensure that money is going where it ought to. If you are depending on social welfare benefits, equally states have countervai­ling interests to ensure that they reach the right people,” Justice DY Chandrachu­d said.

The five-judge Constituti­on bench is hearing 28 petitions challengin­g Aadhaar’s legal validity.

These include challenges to various administra­tive orders that make linking of the 12-digit unique identity number to government services mandatory and also statutes such as the IncomeTax that make it compulsory to link the Aadhaar number to the PAN (permanent account number) issued by the tax department. The bench will also address the larger question of whether Aadhaar infinges on the right to privacy. A plea to this effect led to a larger debate on the right to privacy itself that was settled in July last year with a nine-judge bench of the Supreme Court maintainin­g that the right to privacy is a fundamenta­l right.

Interestin­gly, even that judgement had a provision to allow the state to collect informatio­n so as to improve the performanc­e of its social welfare schemes.

On Wednesday, Justice Chandrachu­d posed the query to senior advocate Shyam Divan who opened the arguments for the petitioner­s, including social activists such as Aruna Roy, Shanta Sinha and retired Karnataka high court judge Justice K Puttuswamy.

Divan argued that Aadhaar “alters the relationsh­ip between the citizen and the State”, while diminishin­g the status of the citizen. All rights, he said, have now been made conditiona­l on a “compulsory barter”, arguing. “The barter compels the citizen to give up her biometrics ‘voluntaril­y’, allow her biometrics and demographi­c informatio­n to be stored by the State and private operators and then used for a process termed ‘authentica­tion,” he said.

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