HC seeks Centre, Delhi govt’s response on PIL against UID STATESMAN NEWS SERVICE New Delhi, 7 August The Delhi High Court today directed the Centre and the city governments to respond on a PIL against implementation of Unique Identification (UID) scheme that alleged that collection of personal data for UID or Aadhaar card is violative of right to privacy of a person. Issuing notices to Unique Identification Authority of India (UIDAI) under Planning Commission and Delhi government, a bench of Acting Chief Justice B D Ahmed and Justice Vibhu Bakhru sought their response within six weeks. The bench was hearing a PIL filed by Beghar Mazdoor Foundation, an NGO, challenging UIDAI’s 2009 notification to issue UID or Aadhaar numbers to every citizen of India. The litigation claimed that the UID numbers will be issued by collecting demographic and biometric information that is unique to every individual. “The collection of personal identifying information for the issuance of UID number is highly invasive and raises serious concerns regarding the security of critical personal and biometric information which is in complete violation of the right to privacy and dignity which forms part of the right to life under Article 21 of the Constitution of India. “The collection of vital personal data for the purposes of issuance of the UID number by the respondent UIDAI, is without any legislative authority/sanction, and in the absence of any data protection laws regulating the use and disclosure of such personal data,” said the PIL. The PIL said that the city government’s decision mandating the UID number or Aadhaar a condition for access and entitlement to the various critical services and utilities provided by it is also illegal. It also sought a stay order on the UID project till the final disposal of the case. It claimed that due to implementation of the UID scheme without legal authority, many citizens in Delhi, especially those who are poor and marginalised, have been rendered ineligible for availing the services and welfare schemes offered by the state. The petitioner’s counsel said, “The poor people are the primary intended beneficiaries of these services and schemes, and the sole reason they are precluded from availing them is the mandatory and arbitrary imposition of the UID by the state.... The insistence of the government on UID being the only acceptable proof of identity has rendered other proofs such as voter ID cards and ration cards redundant.” Seeking court’s order to declare the UID notification as ultra vires as it is violative of Article 21 of the Constitution, the plea said “Issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to desist from collecting any personal and biometric information.”
Posted on: Thu, 08 Aug 2013 20:28:04 +0000
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