Home States Delhi Pleas challenging Aadhaar Act in SC: key takeaways from arguments

Pleas challenging Aadhaar Act in SC: key takeaways from arguments


(G.N.S) Dt. 17

New Delhi

A five judge Constitution Bench on Wednesday took up all Aadhaar related petitions. A series of public interest cases, led by a batch of 27 petitions challenging the Aadhaar scheme are being heard back-to-back.

Here are the key takeaways from the argument against Aadhaar put forth by senior advocate Shyam Divan: “Aadhaar goads public to move away from a deterministic identity system to a probablistic one. Fingerprints do not match 100%. Depends on factors like pressure, sweat, growing up, angle. How can my entitlements u/the Constitution be made probablistic?”

“People behind Aadhaar thought biometric duplication cases would be only around 1000 in the entire country. That’s 0.057% of the entire country. A Jan 15, 2017 RTI shows 6.23 crore cases of biometric duplication.”

“With what they are doing with Aadhaar, you may not be able to continue as a resident of India.”

“From 2009 to 2016, Aadhaar enrollment continued without a statutory regime. There was no free consent. There was no “opt out” option.”

“The concept of ’eminent domain’ does not extend to the human body. There is of course something called personal body autonomy.”

“Whether citizens can be compelled to use their body as markers for identification.”

“Even quashing of the Aadhaar Act is not enough. Elements of Aadhaar will continue to operate through other laws like the Money Laundering Act.”

“Petitioners are not elitists but those who have worked in the rural parts and found that Aadhaar is an instrument of exclusion.”

“For a large number of the rural population the Aadhaar biometrics do not match because they are into manual work.”

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