Dear Sir/Madam,
Subject: Use of Aadhaar in the School
It has come to my attention that you are using Aadhaar numbers extensively in the school, demanding that Aadhaar be written on books and exam papers and even publishing these numbers on your website.
- I wish to draw you attention to section 8 of the Aadhaar Act that requires:
- any entity requesting the Aadhaar for purposes of authentication to obtain the consent of an individual before collecting his identity information
- ensure that the identity information of an individual is only used for submission to the Central Identities Data Repository for authentication
- provide information about the nature of information that may be shared upon authentication and the uses to which the information received during authentication may be put by the requesting entity
- Furthermore I draw your attention to section 29 of the Aadhaar Act that requires that
- No Aadhaar number or core biometric information shall be published, displayed or posted publicly
- No identity information shall be used for any purpose, other than that specified to the individual at the time of submitting any identity information for authentication
- I also draw your attention to the orders of the Supreme Court of India
- Of September 23, 2013 [^1] stating that: “In the meanwhile, no person should suffer for not getting the Aadhaar card in spite of the fact that some authority had issued a circular making it mandatory”.
- Of August 11, 2015 [^2] stating that: “The learned Attorney General had stated that the respondent Union of India would ensure that Aadhaar cards would only be issued on a consensual basis after informing the public at large about the fact that the preparation of Aadhaar card involving the parting of biometric information of the individual, which shall however not be used for any purpose other than a social benefit schemes”. It had therefore ordered that: “The Unique Identification Number or the Aadhaar card will not be used by the respondents for any purpose other than the PDS Scheme and in particular for the purpose of distribution of foodgrains, etc. and cooking fuel, such as kerosene. The Aadhaar card may also be used for the purpose of the LPG Distribution Scheme;” and that “The information about an individual obtained by the Unique Identification Authority of India while issuing an Aadhaar card shall not be used for any other purpose, save as above, except as may be directed by a Court for the purpose of criminal investigation".
- Of October 15, 2015 [^3] where the 5 member bench ordered that: “After hearing the learned Attorney General for India and other learned senior counsels, we are of the view that in paragraph 3 of the Order dated 11.08.2015 [^4], if we add, apart from the other two Schemes, namely, P.D.S. Scheme and the L.P.G. Distribution Scheme, the Schemes like The Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), National Social Assistance Programme (Old Age Pensions, Widow Pensions, Disability Pensions) Prime Minister's Jan Dhan Yojana (PMJDY) and Employees' Providend Fund Organisation (EPFO) for the present, it would not dilute earlier order passed by this Court. Therefore, we now include the aforesaid Schemes apart from the other two Schemes that this Court has permitted in its earlier order dated 11.08.2015” and that “We impress upon the Union of India that it shall strictly follow all the earlier orders passed by this Court commencing from 23.09.2013” and that “We will also make it clear that the Aadhaar card Scheme is purely voluntary and it cannot be made mandatory till the matter is finally decided by this Court one way or the other”.
Writing Aadhaar numbers on books and exam sheets is not provided for in the Aadhaar Act. It also amounts to storing the Aadhaar numbers. The printing and display of Aadhaar numbers on certificates and websites is also a violation of the Aadhar Act.
Your use of the Aadhaar is therefore not only a punishable offence under the Aadhaar Act but also a contempt of the Supreme Court of India. Furthermore it endangers our children by allowing them to be tracked by third parties not identifiable by us putting their lives at risk. It also creates a culture of indignity, inequality, and surveillance that goes to destroy our children understanding of the Preamble to our Constitution taught in their civics classes.
Kindly end all use of Aadhaar in the school forthwith and destroy all the Aadhaar data immediately. Any continued use of Aadhaar in the school will have to be reported to the UIDAI and the courts as this is contrary to law and the safety of our children.
Sincerely,