On 26th of September 2018, The Supreme Court of India had cleared the path of dilemma among citizens of India regarding the world’s largest Biometric Programme, i.e., Aadhar. It had cleared on where Aadhar Number is required to be furnished.
No doubt Aadhar is the fruitful concept for gaining from Government’s latest plans. However due to various incidents of fraud and continuous threats of misuse of personal data, various petitions were filed in the Supreme Court against it. However the Supreme Court had made the decision in favour of Aadhar,along with several guidelines and improvements for enhancing it’s security.
Here are some of the key points of The Supreme Court’s 1448-page decision:
Aadhaar empowers marginalised sections of the society and gives them identity, which outweighs the harm, Supreme Court said, pronouncing the national identity card “constitutionally valid” in response to petitions raising violation of privacy. “One can’t throw the baby out with the bathwater,” said the judges, which asserted that private parties cannot seek Aadhaar data. The court, in a majority verdict, said Aadhaar is not compulsory for school admission. “Aadhaar gives dignity to marginalised sections, which outweighs the harm,” said the court in its verdict on 27 petitions that challenged the constitutional validity of Aadhaar and called it a violation of the right to privacy. The court said “very, very minimal data” is collected for Aadhaar, that other documents required for Aadhaar are also proof of identity.
The bench said. “We are of the view that there are sufficient safeguards to protect data collected under Aadhaar scheme.”
“Education took us from thumb impression to signature, technology has taken us from signature to thumb impression, again.”
“In a scenario where the State is coming out with welfare schemes, there cannot be undue intrusion into personal autonomy on the pretext of conferment of economic benefits.”
Now i nutshell, let’s understand where you need to provide your Aadhar Number and where not:
Where Aadhar details are mandatory:
- For linking your Permanent Account Number(PAN) with Aadhar number.
- For filing your Income tax return.
- For Government plans and subsidies.
Where Aadhar details are not necessary :
- For Admission of child in school.
- For UTGC, NEET and CBSE exams.
- For opening of bank account.
- For Mobile number.
- Private companies cannot demand for your Aadhar number for their services.
The Supreme Court had struck down Section 57 of The Aadhar Act which allows them to demand Aadhar number for their services.
Also if any private institution had obtained the Aadhaar details of their customers, then they will have to delete all these type of data within 6 months. Interestingly this provision also applies on Government institutions. Earlier they were having the right to store your personal details for 5 years for any particular purpose.
Now with several amendments in the act, it will act as the major change in coming time.
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