The Supreme Court on Wednesday asked whether the state could compel citizens, including children, to part with their biometrics in public interest even as petitioners described the Aadhaar “project” as a “giant electronic leash,” which reduces individuals to mere numbers.
A five-judge Constitution Bench, led by Chief Justice of India Dipak Misra, began hearing 27 writ petitions filed by people from all walks of life and across the country.
Some of the petitions, like the one filed by former Karnataka High Court judge K.S. Puttaswamy, have been pending in the Supreme Court since 2012.
Senior advocate Shyam Divan, with advocates Vipin Nair and P.B. Suresh, argued that enrolment for Aadhaar went on from 2009 to 2016 — when the Aadhaar Act came into existence — without a statutory regime. The captured personal data of crores of citizens were transferred from private enrolment agencies to the UIDAI without any legal framework, the petitioners contended.
“There was no free consent. There was no ‘opt-out’ option. Can the state’s right of eminent domain extend to the human body? Can the state encroach on personal body autonomy?” Mr. Divan asked.
