Letter to Government of Haryana Against Mandatory Imposition of Aadhaar in Parivar Pehchaan Patra and de-facto Imposition of Parivar Pehchaan Patra
SFLC.IN wrote to Chief Minister of Haryana, Shri M.L. Khattar, and Principal Secretary of Information Technology Department, Shri V. Umashankar against mandatory imposition of Aadhaar in Parivar Pehchaan Patra and de-facto imposition of Parivar Pehchaan Patra.
What is Parivar Pehchan Patra Yojna?
The Government of Haryana has launched Parivar Pehchan Patra Yojna to “create authentic, verified and reliable data of all families in Haryana.” The 8 digit Parivar Pehchan Patra will digitise data of each family including their birth, death and marriage records. This will be linked with scholarships, schemes, subsidies and pensions. As of the date of writing, disability pension, old age samman allowance, and widow pension scheme have been linked to the Parivar Pehchaan Patra.
Why is Parivar Pehchaan Patra Problematic?
a. Mandatory Aadhaar requirement to register for Parivar Pehchaan Patra
The Government of Haryana has made Aadhaar mandatory for Parivar Pehchaan Patra. This step by the Government of Haryana is in violation of the judgment of the Supreme Court in Justice Puttaswamy v. Union of India (2019 (1) SCC 1) wherein it was held that Aadhaar is mandatory only for:
a. filing IT returns; and
b. for availing government subsidies from the Consolidated Fund of India.
The Supreme Court also struck down S. 57 of the Aadhaar Act which permitted use of Aadhaar by the State or any body corporate or person, in pursuance to any contract.
b. De-facto Imposition of Parivar Pehchaan Patra
The Government of Haryana is also in violation of the judgment of the Supreme Court in Justice Puttaswamy v. Union of India (2017 (1) SCC 1) wherein it was held that:
“There must be a law in existence to justify an encroachment on privacy is an express requirement of Article 21. For, no person can be deprived of his life or personal liberty except in accordance with the procedure established by law. The existence of law is an essential requirement.”
However, currently, there is no legislation governing data collection and processing under Parivaar Pehchaan Patra.
Any steps taken by the Government must be constitutionally tenable and in consonance with the law laid down in the Puttaswamy I (2017) and II (2019)case.
What does SFLC.IN seek to achieve through its letter to Government of Haryana?
Through this letter, SFLC.IN has urged the Government of Haryana to withdraw the mandatory requirement of Aadhaar and to ensure that Parivar Pehchan Patra is not made de-facto mandatory. In order to avoid legal challenges and to be compliant of the Puttaswamy case, SFLC.IN has appealed to the Government of Haryana to allow other means of government accepted verification documents as well and to follow the principles of data proportionality as well as data minimisation.
You can read our letter to Government of Haryana here:
December 3, 2020
To,
Shri M.L. Khattar
Hon’ble Chief Minister,
State of Haryana
Via electronic mail
Respected Sir,
Subject: Request to-
a. withdraw mandatory requirement of Aadhaar details from Parivaar Pehchan Patra; and
b. to categorically state that Parivar Pehchan Patra is voluntary in nature
SFLC.IN is the first Indian legal services organization that works exclusively on technology, law, and policy. As a not-for-profit organization engaged in the empowerment of Indian citizens about their digital freedom and rights, it operates as a collective bringing together different stakeholders to a common platform to further the cause of digital rights. SFLC.in promotes innovation and open access to knowledge by helping policy makers make informed and just decisions regarding the use and adoption of technology. As of 2020 SFLC.in is the only Indian organization to be inducted as a member of the IFEX, a global network to defend the right to freedom of expression andinformation.
It has come to our notice via tweets and news reports that the Government of Haryana has made made Aadhaar mandatory for Parivar Pehchan Patra. It has also been reported that while the Parivar Pehchan Patra has been labelled as a voluntary scheme, it has been made de-facto mandatory by the Government of Haryana.
We write this to inform you that this step by the Government of Haryana is in violation of the judgment of the Supreme Court in Justice Puttaswamy v. Union of India (2019 (1) SCC 1) wherein it was held that Aadhaar is mandatory only for:
a. filing IT returns; and
b. for availing government subsidies from the Consolidated Fund of India.
The Supreme Court also struck down S. 57 of the Aadhaar Act which permitted use of Aadhaar by the State or any body corporate or person, in pursuance to any contract. The Supreme Court categorically recognized certain data protection principles such as data minimization, purpose limitation , data retention and data security as relevant factors in determining whether the provisions of particular legislation are in conformance with an individual’s right to privacy. The Government of Haryana has not justified this in the terms of any of these principles.
The Government of Haryana is also in violation of the judgment of the Supreme Court in Justice Puttaswamy v. Union of India (2017 (1) SCC 1) wherein it was held that:
“There must be a law in existence to justify an encroachment on privacy is an express requirement of Article 21. For, no person can be deprived of his life or personal liberty except in accordance with the procedure established by law. The existence of law is an essential requirement.”
However, currently, there is no legislation governing data collection and processing under Parivaar Pehchaan Patra.
Any steps taken by the Government must be constitutionally tenable and in consonance with the law laid down in the Puttaswamy I (2017) and II (2019)case.
Through this letter, we urge you to withdraw the mandatory requirement of Aadhaar and to ensure that Parivaar Pehchaan Patra is not made de-facto mandatory. In order to avoid legal challenges and to be compliant of the Puttaswamy case, we appeal to you to allow other means of government accepted verification documents as well and to follow the principles of data proportionality as well as data minimisation.
As an organization working extensively on promoting and protecting digital rights of Indian citizens for a decade, we would be honored to assist you with our research, technology expertise and digital security sessions, to help the cause of preserving and promoting digital rights and freedoms of citizens.
Regards,
Sincerely,
Prasanth Sugathan
Legal Director
SFLC.IN
prasanth@sflc.in
Copy to:
1. Shri V. Umashankar
Principal Secretary DITECH
v[dot]umashankar[at]gov[dot]in
Department of Information Technology Electronics & Communication,
Room No. 59, 4th Floor, Haryana Civil Secretariat,
Sector -1, Chandigarh
