The Supreme Court on Wednesday referred to a Constitution Bench the question whether a person can voluntarily waive his privacy rights by enrolling for Aadhaar.
A Bench led by J. Chelameswar refused to stay its August 11 order making Aadhaar optional except for public distribution system and LPG connections.
The Centre on Tuesday had told the apex court that a poor starving man will have no second thoughts about shedding his privacy rights to enrol for Aadhaar, as it gets him a square meal and earnings.
With this, the government asked the Supreme Court to not stand in the way of crores of citizens willing to voluntarily enrol for Aadhaar to get social benefits and services.
The government’s line saw the Bench led by Justice J. Chelameswar retort with a question whether “just because somebody is poor and starving, he should not have his privacy”.
Attorney-General Mukul Rohatgi said Aadhaar is taken voluntarily and is an “informed choice” made by the citizen.
“I do not have information on which I make this “informed” choice. That is, I do not have a complete picture of what will be done with the information I part with… You can use it for snooping, surveillance,” Justice S.A. Bobde had responded.
“Can you speak for 100 crore people? If a person has a problem with using Aadhaar, don’t use it. People, who survive on daily wages, people who don’t have food to eat need a foolproof mechanism like Aadhaar. But here you are speaking of apprehensions of a few on privacy rights… you are not speaking for the country,” Mr. Rohatgi countered.
Mr. Rohatgi said the Supreme Court cannot shut its doors on 50 crore people suffering because of its interim order confining the use of Aadhaar to PDS and LPG schemes.
Appearing for various petitioner NGOs, senior advocate Shyam Diwan said biometric data is harvested from citizens without any statutory sanction or administrative authority.
“Biometrics, my iris and fingerprints, is my most private personal property. Biometrics is me. But this personal unique data is harvested from millions of citizens by corporates with former FBI and CIA men at the helm. Government has no clue what they are doing with the data,” Mr. Divan argued for outright dismissal of any pleas to modify the August 11 order.