Can Aadhaar be forced upon? Supreme Court to spell it out

With Aadhaar set to unlock the dream of achieving 'one-nation-one-identity', much is at stake for the Centre, state governments, banks, mobile phone companies, government departments, and associated public service agencies as the Supreme Court is all set to pronounce its verdict on the validity of this scheme and the law that backs it — namely the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 — on Wednesday.

The case was keenly contested by a host of 31 petitioners on one side who said the common identity document collected by the Unique Identification Authority of India (UIDAI) is fraught with dangers as it collects and stores valuable biometrics of citizens for all times to come. If a citizen prefers to opt out of the scheme, he has no access to the central storage facility of UIDAI.

The Centre, UIDAI and state governments, on the other hand, defended the Aadhaar by touting it as the largest biometric identity system which provides any citizen with the ease of accessing all public welfare schemes and facilities using a single document. To showcase the strength and uniqueness of Aadhaar, the hearing of the case witnessed a rare sight in Court when the UIDAI set up screens and projectors to give a live demonstration to the judges in open court on the security features that go behind Aadhaar.

But the petitioners based their arguments on the constitutional plane basing their challenge against Aadhaar as a threat to personal privacy. Advocates who argued this case said the concept of Aadhaar was ridden with flaws as by the application of the Act and orders passed from time to time, a person who chooses not to have Aadhaar dies a civil death. Although Aadhaar was introduced on the foundation of voluntariness, it now became mandatory leading to the creation of a surveillance state. These concerns were even voiced by the judges hearing the case.

One of the petitioners had termed Aadhaar "an electronic leash" and said the government could completely destroy an individual by "switching off" the 12-digit unique number. They found Aadhaar to be violative of citizens' right to life and liberty as the state compelled citizens to part with their biometrics to non-state actors such as banks, mobile service providers, etc. Moreover, even children between 5-18 years had to part with biometrics, making the scheme arbitrary and unreasonable.

On the other hand, the Centre defended the law claiming that it allowed the minimal invasion to secure the right to life of millions of citizens by ensuring that subsidies and goods reach the targeted beneficiaries. But even when the hearing was on, doubts did emerge of possible loopholes as there emerged reports of a leak of identity details with UIDAI. This too became a ground for the Court to view Aadhaar with suspicion.

ONE NATION, ONE IDENTITY

QUESTIONS OF LAW ON AADHAAR

• Compulsory collections of biometrics under Aadhaar violates right to privacy of citizens.
   
• Possession of Aadhaar made mandatory by the Aadhaar Act and orders passed from time to time creates a surveillance state.
   
• State cannot compel citizens to part with biometrics to non-state actors (banks, mobile companies, etc).
   
• Aadhaar Act is unconstitutional as biometrics of children between 5-18 years taken without parental consent.
   
• Citizen has no option to opt out of Aadhaar by destroying biometrics which are centrally stored.
   
• No safeguards against possible leakage and securing of sensitive personal data.
   
• The Aadhaar scheme discriminates against old persons or those whose biometrics have been erased.

WHAT IS AADHAAR?

• Aadhaar is a 12-digit unique identity number, based on demographic and biometric data considered a proof of residence & not proof of citizenship.
   
• The data is collected by the Unique Identification Authority of India (UIDAI), a statutory authority established in January 2009. It is world’s largest biometric ID system. 
   
• Aadhaar numbers are mandatory to enjoy host of services, including mobile sim cards, bank accounts, the Employee Provident Fund, and a large number of welfare schemes.

WHAT IS AT STAKE?

• Government has made Aadhaar the sole KYC document for all financial transactions.
   
• If Aadhaar gets the green light, it will encourage the govt push the UID project more vigorously, and make it something similar to the social security number of the US.
   
• In case of adverse judgment, it will roll back all direct benefit transfer schemes and crores of rupees that has already been poured into it.