K.S PUTTASWAMY v.UNION OF INDIA -AADHAAR CASE BY MONISHA ACHARYA @LEXCLIQ

INTRODUCTION
As Government of India Initiated a new identification document called as Aadhaar Card and for this new agency was established , the Unique Identification Authority of India (UIDAI) to issue the card.
There were certain rules for this as for the application of the card the citizen must have to submit the finger print, facial and retina scan. And all the data and information were saved in a centralized data base.
Government had made Aadhaar mandatory for few government schemes. And it is said that every citizen of India should make his / her Aadhaar card.

THIS AADHAAR CARD SCHEME INITIATED WAS CHALLENGED IN SUPREME COURT –
The Retired Judge of Karnataka High Court K.S Puttaswamy challenged this scheme in 2012
And due to this question was raised in front of Supreme Court that – whether the provision of this act were contrary to the right to privacy which was established as fundamental right earlier only.
In case of K.S PUTTASWAMY VS UNION OF INDIA
It gave a Landmark judgment.
FACTS
As Government has made Aadhaar card mandatory for many scheme such as Manrega, Public Distribution System, Mid-Day Meals etc. when people got to know about it they strictly oppose this scheme and stated that collecting the biometric data and making Aadhaar card a compulsion is violation to our Right to Privacy.
So in 2012, K.S Puttaswamy filed a petition in Supreme Court against the Aadhaar card being linked to these government scheme and making Aadhaar mandatory.
And he said that this is violation of right to privacy of every person and stated that government can’t stop public welfare scheme for any reason, it is a right of every citizen to get its benefits.
And also government made Aadhaar card compulsory in many cases i.e. for opening bank A/C, Admission in schools, filing IT Returns.
And it was said that our Aadhaar card will get linked t6o our pan card and mobile numbers , and with one click only income tax department can access your all the bank statement ,expenses will be tracked by them .

Now question raised was why citizens were afraid of Aadhaar Card – so as in this government was collecting our fingerprint, retina and facial scan which was being kept in central data base and if this data get leaked , then there are high chances of being misused.
This case was divided into parts –
In first it talked about the validity of Aadhaar act for which bench of 5 judges were there – in this K.S Puttaswamy raised the question that government have stored all the data in central base data and there are no safety measures available to keep it safe , and any private entity can use this data for their authentication.
And for what work and scheme government use this data is also not regulated by them. All the welfare scheme is fundamental right of the citizen and you cannot put any condition for them to give it.
On 26th September, 2018 5 judges made the Aadhaar act constitutionally valid and said that giving biometric, or demographic is not violation of fundamental right.
Also made Aadhaar act, few problematic section i.e. sec 57, sec 33 (1) (2), sec 47 and sec 2d were held as unconstitutional. And were struck down or reframed.

Second part was talked about – Is Right to Privacy a Fundamental Right? –
For which 9 bench of judges were there –
It was said that the decision in case of MP Sharma case , Kharak Singh case were not correct.
Privacy Right pillar can be seen in Article 14, 19, 20, 21 and 25.
And there are many international convention which consider right to privacy as a fundamental right.

So after this case landmark Judgment was given by Supreme Court – it overruled the judgment of M.P Sharma and Khadak Singh case and stated that Right to Privacy is a Fundamental Right
So based on this judgment – NAVTEJ SINGH JOHAR V. UNION OF INDIA was decided and IPC Section 377 was deemed unconstitutional.

Monisha Acharya

An aspiring lawyer in process.

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