The HinduK.S. Puttaswamy
Former Justice K.S. Puttaswamy, who went to court against the linking of state benefits to the UID scheme, says much money has been wasted on the ‘dangerous’ project
The
Supreme Court order restraining the linking of services and benefits to
the 12-digit Aadhaar number has placed in doubt ambitious plans by the
Centre and several State governments to make the ‘voluntary’ Aadhaar
scheme mandatory for access to services and subsidies. The order was
passed on a writ petition by retired justice of the Karnataka High
Court K.S. Puttaswamy, along with two other petitions referred from the Bombay and Madras High Courts. In an interview with DEEPA KURUP of THE HINDU
in
Bangalore a day after the Supreme Court verdict, the 88-year-old
judge-turned-litigant said this was the first time in his legal career,
spanning five decades, that he felt the need to petition the courts.
Excerpts:
Why did you choose to move the courts on this issue?
The
way the government has gone about implementing this project is odd and
illegal. In 2011 [over a year after Aadhaar enrolments commenced in the
country] the Parliament’s Standing Committee on Finance rejected the
National Identification Authority of India Bill, 2010, on several
grounds. Yet, the government did not attempt to modify the Bill and
bring it back for parliamentary approval. It is not constitutional to
simply proceed using an executive order to implement a scheme that has
been rejected in this fashion.
What is your fundamental opposition to this project?
Apart
from the fact that it does not have Parliament’s approval, the project
infringes upon our right to privacy, which flows from Article 21 that
deals with the fundamental right to life. We are required to part with
biometric information, iris and fingerprints, and there is no system to
ensure that all this data will be safe and not misused.
My
other concern, and I believe this is critical, is that it is easy for
anyone to get an Aadhaar number. The enrolment centres are run by
private operators so anyone can walk in and get one. This means that
[undocumented] immigrants can get one too and that’s a clear security
threat. Part of the political will for this project stems from this
motivation because obviously they [undocumented] immigrants are also a
vote bank for some
Many
critics of Aadhaar (even those whose petitions are being heard with
yours) have focussed on other aspects such as the dangers of making this
‘voluntary’ scheme a mandatory one for access to crucial services and
welfare.
Yes,
that is also a point. Why must I get an Aadhaar when I already have a
ration card? Even at the recent hearing it has been reported that the
government submitted in court that the scheme is voluntary. But everyone
knows that today you cannot get your LPG subsidy in Tumkur, and other
districts, without this number. So, the right hand says it is voluntary
and the left says it is mandatory — then it is a plain lie. They’re
still taking inconsistent stands and look who is suffering — citizens
The
government submits that over Rs.50,000 crore has been spent on the
project. It is seeking a review of the SC order. Is it too late to turn
back now on this scheme?
No.
It is not. That so much has been squandered without analysing the
benefits or dangers of this scheme shows a disregard for public money. I
think they didn’t think this through. In fact, there were voices even
within the government that were opposed to it. My understanding is that
the Supreme Court is unlikely to allow their review petition.
We’ll have to wait and see.
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