Recently,
a lot has been read and written about linking Aadhar Card with Voter Identity Card.
Although it is for the smooth functioning of the process of verification by the
Election Commission of India, it imposes a certain responsibility on the citizens
to aide in such smooth functioning by getting their Aadhar Card linked with the
Voter Identity Card. In several places, the Election Booth officials have coerced
people to get the linking done in order to hold their voter identity cards
valid.
After
much be said and done by the Supreme Court in the case of K.S Puttaswamy v.
Union of India regarding Right to Privacy, such compulsion of linking Aadhar
with the Voter ID Card does not make sense. In order to understand the basics
of Right to Privacy as enshrined in the above-mentioned case, the following excerpt
from the case needs to be understood:
“Data mining with the object of
ensuring that resources are properly deployed to legitimate beneficiaries is a
valid ground for the State to insist on the collection of authentic data. But,
the data which the State has collected has to be utilised for legitimate
purposes of the State and ought not to be utilised unauthorisedly for
extraneous purposes. This will ensure that the legitimate concerns of the State
are duly safeguarded while, at the same time, protecting privacy concerns.
Prevention and investigation of crime and protection of the revenue are among
the legitimate aims of the State. Digital platforms are a vital tool of
ensuring good governance in a social welfare State.”
While
talking about “privacy concerns”, the Court addressed Privacy as a fundamental right
contained in the provision of Article 21 of the Constitution. With that thought
and judicial decision still being intact, even the current situation can be
interpreted similarly. With regards to the linking of Aadhar with the Voter
Identity Card, it has been time and again said that it is voluntary and hence,
any authority claiming it to be a mandate can be easily brought to be
questioned on the grounds of infringement of one’s right to privacy.