Aadhaar [Day 34]: Certain Provisions Of The Act Have To Be Struck Down Or Reconciled So That The Act As A Whole Can Continue To Serve Its Essential Purpose: Advocate Gopal Sankaranarayanan [Read...
On Day 34 of the Aadhaar final hearing i.e., Thursday, advocate Gopal Sankaranarayanan resumed his submissions before the Supreme Court five-judge bench on behalf of the Centre for Civil Society, an intervenor.He submitted that the Aadhaar Act as a whole does not violate the fundamental right to privacy.“Certain provisions of the Aadhaar Act have to be struck down or reconciled so that the. “Certain provisions of the Aadhaar Act have to be struck down or reconciled so that the Act as a whole can continue to serve its essential purpose”, He added. “The Safeguards under the Aadhaar Act are in addition to Section 43A and the Reasonable Security Practices Rules under the Information Technology Act.If the Rules under Information Technology Act apply, then informed consent is required when Aadhaar is used for purposes outside the Aadhaar Act.so is the choice to opt-out.,” submitted Sankaranarayanan. Therefore, there is no question of compulsion under Section 57.” Next, he challenged Section 8 of the Aadhaar Act in so far as it uses the phrase "any other appropriate response sharing identity information"- “this is a privacy violation that has no counterbalancing state interest.
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