A Gurugram 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 a Gurugram scheme may be considered unconstitutional following the Supreme Court's ruling in the case of Justice K.S. Puttaswamy (Retd.) v. Union of India (2018).

In this landmark judgment, the Supreme Court held that while Aadhaar is a valid identity proof, its mandatory linkage to services, including mobile numbers, violates the right to privacy guaranteed under Article 21 of the Constitution of India. The court emphasized that the Aadhaar Act, 2016 (specifically Sections 7, 8, and 9) could not be used to compel individuals to link their Aadhaar number to non-subsidized services, such as mobile phone services.

Key points from the Supreme Court ruling include:

• Aadhaar cannot be made mandatory for services that do not relate to subsidies or welfare schemes.
• The right to privacy is a fundamental right, which includes the right to not disclose one's biometric data if not required by law.
• Linking Aadhaar to mobile numbers raises concerns of surveillance and data security.

Following this ruling, the Unique Identification Authority of India (UIDAI) clarified that linking Aadhaar to mobile numbers is not compulsory. Hence, any scheme that forces you to link your Aadhaar to your mobile number may be challenged as unconstitutional.

If you find yourself compelled to link your Aadhaar under the Gurugram scheme, you can take the following steps:

• Document the communication or notice you received regarding the linking requirement.
• File a complaint with the relevant authority, stating your objections based on the Supreme Court judgment.
• Consider approaching the High Court or filing a Public Interest Litigation (PIL) if the issue persists, citing the Supreme Court ruling as a precedent.
• Engage with civil society organizations that focus on privacy rights for support and advocacy.

In summary, the Supreme Court's ruling provides a strong basis to contest the mandatory linking of Aadhaar to mobile numbers, asserting that such requirements may infringe upon individual privacy rights protected under the Constitution.