Supreme Court to hear plea challenging validity of Aadhaar Act on Friday

Recently, a nine-judge constitution bench of the apex court had held that Right to Privacy was a Fundamental Right under the Constitution. Several petitioners challenging the validity of Aadhaar had claimed it violated privacy rights.

By: PTI | New Delhi | Updated: November 2, 2017 1:47 pm
Aadhar, Aadhar validity act, aadhar hearing, supreme court aadhar hearing, indian express, india news, latest news Several petitions challenging the Centre’s move to make Aadhaar card mandatory for availing various services and benefits of government welfare schemes have been filed in the apex court.

The Supreme Court Thursday agreed to hear a petition challenging the constitutional validity of the Aadhaar Act on Friday. The matter was mentioned before a bench headed by Justice J Chelameswar and the counsel representing the petitioner sought an urgent hearing, saying similar pleas were already listed for hearing before the apex court tomorrow.

Karnataka-based Mathew Thomas has moved the top court challenging the constitutional validity of the Aadhaar Act claiming that it infringes upon the Right to Privacy and the biometric mechanism was not working properly. On October 30, a bench headed by Chief Justice Dipak Misra had said that a Constitution bench would be constituted and Aadhaar-related matters would come up for hearing before it in the last week of November.

Several petitions challenging the Centre’s move to make Aadhaar card mandatory for availing various services and benefits of government welfare schemes have been filed in the apex court. Recently, a nine-judge constitution bench of the apex court had held that Right to Privacy was a Fundamental Right under the Constitution. Several petitioners challenging the validity of Aadhaar had claimed it violated privacy rights. The Centre had on October 25 told the Supreme Court that the deadline for mandatory linking of Aadhaar to receive the benefits of government schemes has been extended till March 31, 2018 for those who do not have the 12-digit unique biometric identification number and were willing to enroll for it.

Some petitioners in the top court have termed the linking of the Unique Identification Authority of India (UIDAI) number with bank accounts and mobile numbers as “illegal and unconstitutional”.

They also objected to the CBSE’s alleged move to make Aadhaar card mandatory for students appearing for examinations, a contention denied by the Centre. One of the counsel representing the petitioners had earlier said that final hearing in the main Aadhaar matter, which is pending before the apex court, was necessary as the government “cannot compel” citizens to link their Aadhaar with either bank accounts or cell phone numbers.

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  1. N
    Norinder Moodi
    Nov 3, 2017 at 12:42 am
    It would be so nice when a corrupt government comes next. They would just seal the aadhar and everything associated of anyone who speaks against them. Or may be this is what the current government is planning.
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    1. R
      Reader
      Nov 2, 2017 at 7:06 pm
      The biometrics-based Aadhaar program is inherently flawed. Biometrics can be easily lifted by external means, there is no need to hack the system. High-resolution cameras can capture your fingerprints and iris information from a distance. Every eye hospital will have iris images of its patients. So another person can clone your fingerprints and iris images without your knowledge, and the same can be used for authentication. That is why advanced countries like the US, UK, etc. did not implement such a self-destructive biometrics-based system.
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      1. R
        Reader
        Nov 2, 2017 at 7:05 pm
        UK’s Biometric ID Database was dismantled. Why the United Kingdom's biometrics-linked National Identi-ty Card project to create a centralized register of sensitive information about residents similar to Aadhaar was scrapped in 2010?? The reasons were the massive threat posed to the privacy of people, the possibility of a surveillance state, the dangers of maintaining such a huge centralized repository of personal information and the purposes it could be used for, the dangers of such a centralized database being hacked, and the unreliability of such large-scale biometric verification processes. The Aadhaar program was designed in 2009 by mainly considering the 'Identi-ty Cards Act 2006' of UK, but the UK stopped that project in 2010, whereas India continued the biometrics-based program. We must think why the United Kingdom abandoned their project and destroyed the data collected. (Google: 'Identi-ty Cards Act 2006' and 'Identi-ty Documents Act 2010' )
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        1. R
          Reader
          Nov 2, 2017 at 7:05 pm
          The US Social Security Number (SSN) card has NO BIOMETRIC DETAILS, no photograph, no physical description and no birth date. All it does is confirm that a particular number has been issued to a particular name. Instead, a driving license or state ID card is used as an identification for adults. The US government DOES NOT collect the biometric details of its own citizens for the purpose of issuing Social Security Number. The US collects the fingerprints of only those citizens who are involved in any criminal activity (it has nothing to do with SSN), and the citizens of other countries who come to the US.
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          1. R
            Reader
            Nov 2, 2017 at 7:04 pm
            A centralized and inter-linked biometric database like Aadhaar will lead to profiling and self-censorship, endangering freedom. Personal data gathered under the Aadhaar program is prone to misuse and surveillance. Aadhaar project has created a vulnerability to identi-ty fraud, even identi-ty theft. Easy harvesting of biometrics traits and publicly-available Aadhaar numbers increase the risk of impersonation, especially online and banking fraud. Centralized databases can be hacked. Biometrics can be cloned, copied and reused. Thus, BIOMETRICS CAN BE FAKED. High-resolution cameras can capture your fingerprints and iris information from a distance. Every eye hospital will have iris images of its patients. So another person can clone your fingerprints and iris images without your knowledge, and the same can be used for authentication. If the Aadhaar scheme is NOT STOPPED by the Supreme Court, the biometric features of Indians will soon be cloned, misused, and even traded.
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