A Durgapur scheme forced me to link Aadhaar to my mobile number. Is this constitutional after the Supreme Court ruling?

Detailed Legal Analysis

The requirement to link Aadhaar to your mobile number under the Durgapur scheme raises constitutional questions following the Supreme Court's ruling on Aadhaar.

In its landmark judgment on September 26, 2018, the Supreme Court of India declared that while Aadhaar is constitutionally valid, it cannot be made mandatory for services where it is not required by law. The court held that the Aadhaar Act, 2016, specifically Section 7, allows the government to require Aadhaar for welfare benefits but does not extend to private entities or services. Key points from the ruling include:

• The Supreme Court emphasized the right to privacy as a fundamental right under Article 21 of the Constitution, stating that linking Aadhaar to services must not infringe upon this right.
• Section 7 of the Aadhaar Act permits the use of Aadhaar for availing of benefits, subsidies, or services provided by the government, but does not extend this requirement to mobile services or private entities.
• The judgment also indicated that the use of Aadhaar for purposes other than those specified in the Act is unconstitutional.

Given this context, the forced linking of Aadhaar to your mobile number might be unconstitutional if:

• Your mobile service provider is a private entity, as the Supreme Court's ruling limits the requirement of Aadhaar linkage to government benefits.
• There is no specific law or regulation mandating the linking of Aadhaar to mobile services beyond what is stipulated in the Aadhaar Act.
• The scheme in question does not fall under the ambit of government welfare programs where Aadhaar is mandated.

If you feel that your rights are being infringed upon, you may consider the following actions:

• File a complaint with the relevant consumer forum or regulatory body, such as the Telecom Regulatory Authority of India (TRAI).
• Seek legal advice to explore options for challenging the requirement in court.
• Engage with civil society organizations advocating for privacy rights and against forced biometric data collection.

In conclusion, based on the Supreme Court's ruling, the forced linkage of Aadhaar to mobile numbers, outside of specific government welfare schemes, is likely unconstitutional.