Centre pitches for voluntary benefit of Aadhaar card in SC

The Centre and its various arms today pitched strongly in the Supreme Court for voluntary use of Aadhaar cards to provide benefits of various welfare schemes, other than PDS and LPG, at the doorsteps of the aged and weaker sections of society, which are the target groups.

However, the pleas for relaxation of the August 11 order restricting the use of Aadhaar cards for PDS scheme and LPG distribution scheme, was opposed by those petitioners on whose PILs the apex court had said these cards will not be mandatory for availing benefits of welfare schemes.

A bench comprising Justices J Chelameswar, S A Bobde and C Nagappan reserved its order for tomorrow on the pleas for relaxation, modification and clarification of its interim order by Unique Identification Authority of India (UIDAI), RBI, SEBI, IRDA, TRAI, Pension Fund Regulatory Authority and states like Gujarat and Jharkhand, among others.

Attorney General Mukul Rohatgi opened the arguments for UIDAI for lifting the bar on <g data-gr-id="70">use</g> of Aadhaar cards for various welfare schemes including Prime Minister’s Jan Dhan Yojna. He was supported by Additional Solicitor Generals Tushar Mehta, P S Patwalia, Pinky Anand and senior advocates <g data-gr-id="68">K K</g> Venugopal, Jayant Bhushan who were appearing for various government organs and NGOs.

All of them were in agreement with the Attorney General that since the apex court had said Aadhaar card was not mandatory, there should not be any problem in allowing it to be used on <g data-gr-id="83">voluntarily</g> basis to establish the identity of persons to make available the benefits of welfare scheme.

Rohatgi conceded that he may not have understood fully the scope of the UIDAI scheme or was not able to explain properly to the apex court the benefit of the Aadhaar cards which he has realised now after passing of the interim order.

“I don’t want to be seen as blaming the court,” he told the bench after explaining in detail the concept of the UIDAI number which is linked to various welfare schemes.

He said <g data-gr-id="62">issue</g> of privacy cannot be linked to the Aadhaar card as the government is making efforts for those who cannot reach the court.

“I am for those who have to take benefits of MNREGA, pension schemes etc. How it is understood that somebody is snooping into someone’s bedroom. I am not doing that and I am not a paparazzi,” he said.

Venugopal appearing for an NGO, Centre for Civil Society, said for a poor person and a widow it is <g data-gr-id="75">a option</g> to choose between the right to privacy and benefits of welfare schemes and questioned that can a person not <g data-gr-id="63">waive</g> of the right to privacy on weighing the two options.

However, senior advocates Shyam Divan and Meenakshi Arora, appearing for some other petitioners, objected to the pleas for modification of the interim order saying that the matter has already been referred to a Constitution Bench and the smaller bench should resist from venturing into the interim applications.

Divan said the data collected through <g data-gr-id="80">biometric</g> technique of <g data-gr-id="55">finger printing</g> etc were not under the control of government authorities as the task has been outsourced to US companies headed by former FBI and CIA bosses.

The bench <g data-gr-id="64">said</g> “we have to see to what extent the privacy will be compromised”. Both Rohatgi and Divan told the bench that the issue of setting up of a constitution bench was mentioned in the morning before a bench headed by Chief Justice H L Dattu, who said the matter can be again mentioned tomorrow when he would be in a position to say something on the issue.

Rohatgi said the CJI was of the view that the apex court was not in a position to spare seven judges for a larger bench.

The Attorney General submitted that crores of rupees have been spent on the UIDAI scheme to connect six lakh villages of the country with various welfare measures like MNREGA, pension schemes, Jan Dhan Yojana etc and 85,000 bank correspondents have been put on job to reach the beneficiaries at their doorsteps.

He explained the role of bank correspondents who will help the beneficiaries to realise welfare scheme benefits and also help them in opening bank accounts at the doorsteps.

Further, the Aadhaar cards would help in stopping fake withdrawal of money arising out of welfare scheme and pensioners would not have to visit the pension officer every year in November to establish they are alive.

“The Prime Minister’s Jan Dhan Yojana Scheme is unique and even if a person has no money to open the account, the bank correspondent will help in opening the account with zero balance,” the Attorney General said while equating the benefits of Aadhaar cards with that of mobile phones. Rohatgi said schemes under the Aadhaar cards would be for financial inclusion of those left out and rubbished the objections against it, saying it was by those who are rich and effluent having million other means to realise their needs.

Divan said the interim order of the apex court to give wide publicity on media has not been complied with by the Centre, <g data-gr-id="73">which however</g> refuted the contention.

TRAI said <g data-gr-id="56">identification</g> of persons through Aadhaar card would curb misuse of SIM cards and would help curb terrorist activities.