Landmark ruling throws India’s biometric ID project into question

New Delhi: Legal experts believe all fundamental rights come with reasonable restrictions but after Thursday’s Supreme Court verdict, whether Aadhaar biometric programme can be seen as a reasonable restriction is yet to be decided.

“Today’s verdict does not comment on whether the government’s demand for Aadhaar to be linked to all financial transactions amounts to an infringement of privacy. The government says Aadhaar is essential for all services including tax returns, opening bank accounts and securing loans, pensions and cash transfers for those entitled to welfare schemes. But it is premature to comment on what impact it will have on future of Aadhaar,” legal expert Anjani Pandey told Gulf News.

Pandey rejected the suggestions that Aadhaar posed a threat to civil liberties.

“Aadhaar identity card links enough data to allow profiling because it creates a comprehensive profile of a person’s spending habits, their friends and acquaintances, the property they own, and a trove of other information. It is true that there are fears that the biometric and other data could be misused by the government. But it does not mean that Indian citizens have no right to privacy. There have been reports of Aadhaar details being accidentally released, including on government websites. The government just needs to secure the data,” she added.

Unique Identification Authority of India (UIDAI), the agency that governs Aadhaar, has repeatedly said that its data is secure.

Verdict one of the most important since advent of Constitution: Chidambaram

Welcoming the Supreme Court’s judgement declaring right to privacy a fundamental right under the Constitution, Congress leader P Chidambaram on Thursday said privacy was at the core of personal liberty.

The apex court’s unanimous verdict, he added, comes across as a “setback” for the Centre.

“The judgement delivered today is a landmark verdict and will rank among the most important judgements delivered by the Supreme Court since the advent of the Constitution of India,” the senior Congress leader told reporters.

“By virtue of the judgement of the Supreme Court, Article 21 has acquired a new magnificent,” he added.

Privacy, he added, was at the core of personal liberty and “an inalienable part” of life itself.

Chidambaram also criticised the government’s approach in its interpretation of Aadhaar under Article 21 — on the protection of life and personal liberty — and alleged that its stand was “inconsistent”.

The former Union minister noted that the Centre had argued before the apex court that there was no fundamental right to privacy and observed that the judgement was a “setback” to the government.

He also said Aadhaar was conceived as an “administrative tool” in order to ensure the benefits of welfare schemes reached the targeted people.

“This government’s approach to Aadhaar is totally inconsistent with the previous UPA government’s approach, which is why challenges have arisen.”