First of all starting with UID, Unique Identification Number which was later renamed as

Aadhaar Card. Aadhaar card is a number given to every resident of India, by the government of
India. Here in my article I am trying to relate Unique Identification Number, i.e., Adhaar card
with right to privacy which is an ongoing topic since the past few months in India.

In the year 2011, the UPA Government had introduced the bill related to privacy which was held
by, Delhi High Court Chief Justice A.P. Shah. The government wanted them to study the privacy
law of different countries and suggest DoPT for the changes in privacy bill.

In their challenge to the Aadhar project, the petitioners have pleaded that large-scale collection
of biometric data without foolproof security arrangements could result in breaches of
confidentiality. They have also argued that by forcing citizens to part with personal data
without any legislative backing for the Aadhar project, the government was infringing upon their
right to privacy.1

Right of privacy has been a problem in picture since a long time because practically if feels that
right of privacy was a myth all together because, it is not a fundamental right on its own, has to
be read with article 21 and 19!

In September 2014, the court made aadhar card mandatory for welfare schemes.

The government in November, 2014 replied to the plea made by Retired Karnataka High Court
Judge K.S. Puttaswamy says that food and water matter more than privacy to the common man
but this is not the question! The question is that if there is no right to privacy that means the
details given in aadhar card are basically not even safe as now-a-days aadhar card are linked with
every second scheme.

Retired Karnataka High Court judge K.S. Puttaswamy says that entire scheme should be
scrapped as it is neither backed by law nor constitutional provisions and yet, various welfare
schemes were being linked to the Aadhaar card.2 Still the Justice bench of Justices B.S. Chauhan
and S.A. Bobde said that there can be some aberrations but aadhar card cannot be put up in the
same picture with right to privacy.

It is hence true that for majority of the people of India aadhar card is not so import as food and
water is!

As the bench of Justices B.S. Chauhan and S.A. Bobde asked senior counsel Shyam Divan,
appearing for Puttaswamy, You will have to first answer our questions when you are
challenging the scheme. People in our country dont have potable water. For them, food and

1
The Indian Express, The many public battles over the right to privacy( August 11, 2015) available at:
http://indianexpress.com/article/explained/the-many-public-battles-over-the-right-to-privacy/
2
The Telegraph, Privacy debate on Aadhar (November, 26 2014) available at:
http://www.telegraphindia.com/1131127/jsp/nation/story_17616903.jsp
water is more important than the right to privacy. Do you have any data? We want to know what
is the percentage and whose rights are you arguing for the violation of privacy,3

This July as the news came, the headlines stated that Attorney General Mukul Rastogi, from the
governments side asked the Supreme Court to constitute a nine judge bench, regarding the
decision that is right to privacy a fundamental right? This certainly is a big question because
in the past two decades, many major judgments have been made on the basis of right to privacy
being a fundamental right. Yet again seeing all the various judgments right of privacy was
always read with article 21- Fundamental Rights relating to Life and Liberty, and article 19-
Right to free speech, movement and peaceful association.

It was completely wrong for smaller benches to say the right to privacy can be read into Articles
21 or 19. Further, it was also not open for the courts to carve out certain rights not envisaged by
the Constitution, said Attorney General Mukul Rohatgi.

Mukul Rohatgi wanted a larger bench to sit and decide the case of right to privacy and not bench
of two or three judges decide as it is a national issue because as stated by senior advocate Shyam
Divan the collection of an individuals iris, fingerprints and other intimate details lacked
informed consent and hence violated Article 21 (right to liberty) of the Constitution. He further
also stated that such details can be easily misused by agencies and banks too.

Still, the question stayed that is RIGHT TO PRIVACY being fundamental right or not.

Defending the validity of the Aadhaar card, Attorney General Mukul Rohatgi said that since a
batch of petitions contended that collection and sharing of biometric information was a breach of
their fundamental right to privacy, it must first be settled authoritatively whether privacy is a
fundamental right. 4

Attorney General Mukul Rohatgi also cited the case of 1954, M.P Sharma vs. Shatish Chandra
where an eight- judge bench held that there was no such right of privacy as such valid, because
that time there was no such need of it. In Kharak Singhs judgement of 1962, the court held that
right to privacy was not a guaranteed right. Rohatgi also stated another SC judgment by a six-
judge bench in 1963, holding that the right of privacy is not a guaranteed right under our
Constitution

In one of the bench mark case of Maneka Gandhi vs Union of India (1978), the SC stated, while
talking of a Triple Test for any law interfering with personal liberty, held: The law and

3
Supra, note 2.
4
Utkarsh Anand, The Indian Express, Wheres Right to Privacy? You decide, Govt tells Supreme Court (July, 23rd
2015) available at: http://www.civilsdaily.com/story/right-to-privacy-in-india-is-it-a-fundamental-right/#post-
5724
procedure authorizing interference with personal liberty and right of privacy must also be right,
just, and fair, and not arbitrary, fanciful, or oppressive.5

All these cases just prove that how vague the constitution has been regarding the right to privacy
and they never wanted to give it to the citizen at the first place.6

Right of privacy is important but looking at todays point of view it has become all the more
important because seeing the case of aadhar card, the citizen of India gives all the information
required and if it is misused, he wont have any claims because there is no right to privacy.

If privacy has to be secured meaningfully, then some limits have to be placed on the
governments ability to gather information. 7

Biometric information collected from all those who sign up for an Aadhaar number can be
abused if not backed by adequate legal safeguards. Is the main concern and as it is our country
doesnt have less enemies! This would just directly put a grave danger over the citizens and
hideous crime can be committed against them.

For now the case is still pending in the Supreme Court and the court needs to come up with a
solid plan of action for protecting all those 800 million citizens who have given their faith in the
aadhar card to the government to keep it safe.

5
Supra, note 1
6
The Hidu, Privacy not a right, Aadhaar legit: Centre (July 23rd 2015) available at:
http://m.thehindu.com/news/national/privacy-not-a-right-aadhaar-legit-centre/article7452839.ece
7
Live Mint, aadhar and the right to privacy (jul 28, 2015) available at:
http://www.livemint.com/Opinion/3kjHJ0Z7cwhuBgxETejCAI/Aadhaar-and-the-right-to-privacy.html