Letter to the Kerala Government to withdraw mandatory requirement of Aadhaar for Covid-19 vaccination of frontline workers
It has come to SFLC.in’s notice that State Mission Director, NHM State Mission Office has issued letter No. NHM/3821/ADMIN1/2020/SPMSU (II) dated 19.05.2021 making Aadhaar mandatory for vaccination of Covid-19 frontline workers.
SFLC.in wrote a letter to inform the Government of Kerala that this step 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 Kerala has not justified this in the terms of any of these principles.
Any steps taken by the Government must be constitutionally tenable and in consonance with the law laid down in the Puttaswamy II (2019)case.
Through this letter, SFLC.in urged the Government of Kerala to withdraw the mandatory requirement of Aadhaar for vaccination of Covid-19 frontline workers. The vaccination process must be universal and unhindered by identity cards or tech barriers.
Read the letter below:
May 20th, 2021
To,
Dr. Ramesh R.
Director of Health Services
State of Kerala
dhskerala.hlth@kerala.gov.in
Via electronic mail
Respected Sir,
Subject: Request to withdraw mandatory requirement of Aadhaar for Covid-19 vaccination of frontline workers
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 and information.
It has come to our notice that State Mission Director, NHM State Mission Office has issued letter No. NHM/3821/ADMIN1/2020/SPMSU (II) dated 19.05.2021 making Aadhaar mandatory for vaccination of Covid-19 frontline workers.
We write this to inform you that this step by the Government of Kerala 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 Kerala has not justified this in the terms of any of these principles.
Any steps taken by the Government must be constitutionally tenable and in consonance with the law laid down in the Puttaswamy II (2019)case.
Through this letter, we urge you to withdraw the mandatory requirement of Aadhaar for vaccination of Covid-19 frontline workers. The vaccination process must be universal and unhindered by identity cards or tech barriers.
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
1. Copy to:
Dr. Rathan U. Kelkar
State Mission Director (NRHM)
Government of Kerala
smdnrhm@gmail.com
