LI Network
Published on: 21 September 2023 at 15:36 IST
The Delhi High Court has recently affirmed the suspension of Delhi government circulars that mandated Aadhaar for admissions to private unaided schools in the city, specifically for the Economically Weaker Section (EWS), Disadvantaged Group (DG), and Children with Special Needs (CWSN) categories [Govt of NCT of Delhi v Sashank Yadav].
A division bench comprising Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula emphasized that acquiring sensitive personal information of a child has the potential to infringe upon their right to privacy as enshrined in Article 21 of the Constitution of India.
The Court drew upon the Supreme Court’s judgment in the KS Puttaswamy case and asserted that the government’s circulars appeared, prima facie, to conflict with constitutional provisions.
Consequently, the division bench declined to interfere with the order issued by single-judge, Justice Anup Jairam Bhambhani, who had previously stayed the implementation of these circulars.
The Court expressed, “In the opinion of the Court, the view taken by learned Single Judge is completely in consonance with the judgment of Supreme Court in KS Puttaswamy (Supra), relevant portions whereof have been extracted in the impugned order. The issue of obtaining sensitive personal details of a child, as observed in KS Puttaswamy case, would have the potential of infringing their right to privacy under Article 21 of the Constitution of India. It would thus suffice to state that the impugned Circulars are prima facie in conflict with the constitutional provisions, the effect whereof has rightly been stayed by learned Single Judge.”
The Court also highlighted that the single-judge had not yet reached a final decision on the matter. Therefore, it opined that the government’s appeal lacked merit and subsequently dismissed it.
In a ruling dated July 27, 2023, Justice Bhambhani had suspended the operation of circulars dated July 12, 2022, and February 2, 2023.
The challenge against these circulars was initiated by the father of a five-year-old child.
The single-judge contended that a child should not be compelled to possess an Aadhaar card and should not be deprived of any subsidies or benefits if they are unable to establish their identity by furnishing an Aadhaar card.
The Delhi government contested this order, asserting that the single judge had not adequately grasped the intent and objectives behind the contested circulars. They argued that the requirement for an Aadhaar card or Aadhaar number served a practical purpose by preventing duplicate applications.
The government maintained that mandating Aadhaar under the Right of Children to Free and Compulsory Education Act, 2009, did not violate a child’s right to free and compulsory education. Instead, it acted as a safeguard against fraudulent applications and admissions based on false identities.
Furthermore, the government clarified that it had no intention of compromising the privacy or security of applicants and that it was not directly accessing the Aadhaar database. Therefore, they contended that there was no infringement of the right to privacy.
However, the division bench declined to intervene and dismissed the government’s appeal.