Aadhar scheme with reference to Right to Privacy and entitlements- An analysis

Author: Adv. Bandita Das, Gauhati High Court, Assam, India

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ABSTRACT Aadhar scheme is a significant step taken by the Indian government to make 'Digital India' and to provide its citizens' direct benefits with the object of improving the living standard of the people and to lessen the poverty prevailing in India. During the enrollment process, both personal and sensitive personal information was collected by the government and the private entities and there is a lack of proper data security system. Subsequently, individual privacy was violated and many allegations were placed before the Higher Judiciary. On hearing different allegations, the Court of laws has given a landmark judgement by declaring privacy as a Fundamental Right under Article 21 of the Constitution. Thus, legal protection of privacy became paramount. In course of time, the Aadhar Act 2016 has enacted to give legal protection to the right to privacy. Despite, problems of misutilization of data, leakages of data has been observed. Besides, the objects of the Aadhar scheme to give full entitlements to a larger mass remain unfulfilled, there still exists a portion of people who are deprived of the benefits of the Aadhar scheme and they are not even taken into consideration while taking about privileges guaranteed under the Aadhar scheme, they remain unnoticed, unheard for long. So, it became necessary to analysis the Aadhar scheme to understand data privacy and the pain of those who are not getting their entitlements over which they have rights.

Keywords: Privacy, Data Protection, Aadhar, Personal Information, Sensitive information, Entitlements.

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