Obtaining Aadhaar card optional, Centre tells SC
PTI New Delhi, September 23, 2013
First Published: 17:44 IST(23/9/2013) | Last Updated: 17:46 IST(23/9/2013)
The Centre on Monday told the Supreme Court that securing Aadhaar cards, being issued by Unique Identification Authority of India (UIDAI), was optional and it has not made it mandatory for the citizens.
The apex court, hearing a batch of pleas against decisions of some states to make Aadhaar cards compulsory for a range of activities including salary, PF disbursals and marriage and property registrations, asked the Centre not to issue it to illegal immigrants as it would legitimise their stay.
The counsel for UIDAI and Centre responded to the pleas of petitioners, saying, "So far as the Union of India is concerned, we have said the Aadhaar card is voluntary."
During the brief hearing, the bench of justices BS Chauhan and SA Bobde was told that despite the fact that the Aadhaar card is "voluntary" in nature, an order has been issued by the Registrar of the Bombay High Court in pursuance of an order of the state government that it would be necessary for disbursal of salary of judges and staff also.
"The scheme is complete infraction of Fundamental Rights under Articles 14 (right to equality) and 21 (right to life and liberty). The government claims that the scheme is voluntary but it is not so.
"Aadhaar is being made mandatory for purposes like registration of marriages and others. Maharashtra government has recently said no marriage will be registered if parties don't have Aadhaar cards," senior advocate Anil Divan, arguing for Justice (retd) K S Puttaswamy, former judge of Karnataka High Court, said.
Justice Puttaswamy, in his PIL, has also sought a stay on the implementation of the scheme.
Making Aadhaar mandatory for various purposes raises questions over the government's authority to implement such types of the scheme, it said, adding it also highlighted "the perils of the manner of its implementation".
The Centre has said the consent of an individual was indispensable for Aadhaar and it has been launched to "promote inclusion and benefits of the marginalised sections of the society that has no formal identity proof."