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The Aadhar Scrutiny: Rhetorics or Reality.


Introduction

The Aadhar Scheme which was passed in the year of 2009 by the Congress led UPA government has allured 8793.902 crores from our treasury till date. The Aadhar which was developed by the UIDAI has more than 1.12 billion people registered and is being recalled as the single largest ID program in the world. But, the question of “Privacy” haunts us with the term “Aadhar”. Is Aadhar a serious threat to one’s privacy or is the government right in getting hold of your privacy? The issue of Aadhar and its role as a “privacy-monger” will be described in this article.




Arguments:

Biometric and Generic information stored in a centralised database seriously undermines privacy. In 2017, India has been
afflicted by 27,482 threats from the cyber arena till June. These numbers indicate the lack of solid defence systems against cyber crime which is seen as a vacillating force in the Aadhar context. Recently an IIT-Kharagpur graduate attained access to the information using the Digital India App4. Such hackings solidify the fact that one’s privacy can be seriously undermined and richly contradict Article 21 of the Indian Constitution that states the Right to privacy as a Fundamental Right as observed by the Supreme Court Judgement dating 24th August of 2017. Is the Aadhar infringing the fundamental right of privacy to an extent far more than deemed necessary or within the very purview of the law?





The Supreme Court on August 2015 passed an important verdict stating that the Aadhar scheme can only be used for PDS schemes, following which the Government enacted the Aadhar Act (2016), where the act stated that the Aadhar will have constitutional validity to be used for subsidies, benefits and other services. The June month judgment of the supreme court upholding the government order of compulsory linking of the PAN with the Aadhar card seemed to be in favour of the government , proving the constitutional validity of Aadhar. But the compulsory imposition of Aadhar by the government had been questioned by the court under Sub- Clause (i) , Chapter iii of the Aadhar Act, which states that alternate means shall be available for attaining subsidies if one does not possess an Aadhar . The series of verdicts seem to limit the scope of the Aadhar scheme , where the entire Act seems to be entangled in the web of confusion



Moving forth, The Aadhar scheme has been publicised as something that has outweighed the constraints of the lack of privacy. The recent linking of the Aadhar with the PAN card is seen as a positive move to remove tax evasion from the economy. Linking of Aadhar with Bank Accounts, subsidies and for Scholarships and Direct Benefit Transfer will result in preventing large scale corruption. 



Conclusion:

The Aadhar scheme will see an entirely different course with the Supreme Court announcing the verdict dated 24.08.2017 where the entire constitutional bench came out with a unanimous decision on the issue of privacy. Following which, the schemes must be in accordance with the Right to Privacy thus questioning the government’s fundamental idea of making the Aadhar the basic essence of functioning in our country. The very moral ground on which the Aadhar was formed is now in great conflict with the issue of privacy being raised , The actual relation between the Aadhar and the issue of Privacy in accordance with the judgement so as to depict the true necessity of privacy in one’s life will seek time to relate to the reality of the publishing of the judgement is of grave necessity in the first scenario.