LI Network
Published on: November 28, 2023 at 09:01 IST
The Karnataka High Court, in response to a wife’s RTI plea for her husband’s Aadhaar details, emphasized that marriage does not override the right to privacy.
The Court set aside a previous order directing UIDAI to consider the RTI application, stating that an individual’s right to privacy remains intact despite marital ties.
The Division Bench of Justice S. Sunil Dutt Yadav and Justice Vijaykumar A. Patil handled a Writ Appeal concerning the rejection of the wife’s RTI application seeking her husband’s Aadhaar details.
The Assistant Director General, Central Public Information Officer, UIDAI, contested the Single Bench’s decision, which had favored the wife’s plea, setting aside previous rejections and instructing a reconsideration with the husband’s involvement.
Background:
The wife, involved in a matrimonial dispute and facing difficulties in enforcing a maintenance order due to her husband’s absconding, filed an RTI seeking her husband’s Aadhaar details to locate him. Despite rejections, the Single Bench directed a reconsideration involving the husband.
In the appeal, the authorities cited Section 33 of the Aadhaar Act, arguing that disclosure orders necessitate a hearing, specifically by a High Court judge. The wife contended that as the information pertained to her husband, the RTI restrictions should not apply within the confines of marital relations.
The High Court emphasized the amendments to Section 33, underscoring that disclosure orders must come from a Court not inferior to a High Court judge. It reiterated the primacy of an individual’s right to privacy and stated that marriage does not nullify the procedural right to a hearing, as outlined in Section 33.
Consequently, the Court remitted the matter to the Single Judge, stipulating the inclusion of the husband as a respondent.
The judgment highlighted the need for orders under Section 33 to be made by a Court not inferior to a High Court judge and called for the High Court to facilitate the exercise of this statutory right.
The Writ Appeal was disposed of with these directives and observations from the Court.