By The New Indian Express
Published: 08th October 2015 06:00 AM
The Supreme Court’s refusal to relax its order to allow ‘voluntary’ use of the Aadhaar card for some welfare schemes is welcome. It has also referred all the petitions, for and against Aadhaar, to a Constitution Bench, which will now decide whether a citizen can waive his privacy rights on his own by enrolling for the unique identity proof. The apex court had earlier made it clear that the government cannot make Aadhaar mandatory for availing of welfare schemes — though an exception was later made for identification of beneficiaries of LPG subsidy and PDS. The Aadhaar project, initiated by the previous UPA regime, raises serious privacy concerns — biometrics, iris and fingerprints are “the most private personal property.”
There are valid fears that this data of over one billion Indians could be harvested to their advantage by anyone who has access to it, be it government agencies, possible hackers, corporates or worse, anti-national elements.
The government’s argument that a ‘poor starving man will have no second thoughts about shedding his privacy rights’ cuts no ice. Hence, the court’s counter question: “Just because somebody is poor and starving, should he not have his privacy?”
The government’s claim that ‘Aadhaar is voluntary and citizens could make an informed choice’ is also wrong. The logic is flawed. Haven’t we seen how people rushed to get Aadhaar and a few had even lost their lives in stampedes in some states? The fear of losing government benefits is forcing people to enrol for Aadhaar — reason why now almost 92 crore citizens have Aadhaar card. It is by no means an informed choice.
For the latter to happen, the government should clarify what it proposes to do with the Aadhaar data and how it proposes to keep it safe. It’s at least understandable if the government cites national security concerns to collect such crucial data. Importantly, it must come up with a regulatory mechanism to ensure that the personal and confidential information of the people is not misused. Without any oversight, it will only be a matter of time before undesirable elements lay their hands on it. This is the minimum the government should do.