This means the private sector can no longer use Aadhaar to make profits, and that an entire ecosystem it had spawned, like Aadhaar apps, will no longer exist
Advocate Praavita
This is a huge victory. We celebrate the fact that the Supreme Court struck down Section 57 and declared it unconstitutional. This means the private sector can no longer use Aadhaar to make profits, and that an entire ecosystem it had spawned, like Aadhaar apps, will no longer exist. Private companies obtaining information in a coercive manner with a motive to make profits will no longer be able to do so.
However, this judgment does have disappointing aspects; the mandatory linking of PAN cards to Aadhaar is one of them. In a country where those committing massive frauds on the taxpayersare roaming free, the taxpayer is being treated as a potential criminal carrying out money laundering. Why penalise normal, regular middle-class taxpayers when the Nirav Modis run away? The claim that Aadhaar will stop corruption has never been backed by any proof.
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Figure trigger
It was also deeply shocking to read in the judgment that it is unproven that a section of society has not been able to collect welfare and subsidised ration because they do not have an Aadhaar card. The government's own figures cite that there are at least 20 per cent citizens across different states who are unable to collect their ration because of Aadhaar-related glitches.
Yet, the court said this is unproven. On the other hand, it has also said no person should be denied benefits because of lack of Aadhaar. It remains to be seen how this plays out. I would be happier if Aadhaar was not mandatory, and the judgment took into account the hardships people have suffered because of it. No Aadhaar = no ration is a grim reality. The government figures bear this out, so it should matter that people have suffered terribly.
Claiming victory
It is amusing to see the Bharatiya Janata Party (BJP) and Congress each claiming victory with this judgment. Each one will read what they want into it. What is important now is how the judgment will affect, and perhaps change certain aspects of our life. Those factors are currently in the realm of uncertainty; what I am more certain about is that there must be a political reckoning for the losses and hardships people have faced due to Aadhaar. The 2019 elections are around the corner as well.
Curtains not down yet
This judgment does not mean that the curtains have come down on campaigns against Aadhaar. This is the beginning of new challenges; somebody somewhere will say, file a case on how this is being implemented, and we have a new challenge on our hands. Consequently, this certainly does not mean the end for organisations like ours, Rethink Aadhaar, which was founded in 2017. Though I hoped it would be because we've spent so much time on the Aadhaar battle; it would have been good to take a break.
As told to Hemal Ashar Adv. Praavita is one of the founders of Delhi-based organization Rethink Aadhaar/No2UID
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