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

Detailed Legal Analysis

The linking of Aadhaar to your mobile number under the Kharagpur scheme raises constitutional concerns, particularly in light of the Supreme Court's ruling on Aadhaar in 2018.

In the case of Justice K.S. Puttaswamy (Retd.) vs. Union of India, the Supreme Court held that while Aadhaar is a valid identification mechanism, the mandatory linking of Aadhaar with various services, including mobile numbers, is unconstitutional under certain circumstances. Key points from the judgment include:

• Right to Privacy: The Supreme Court recognized the right to privacy as a fundamental right under Article 21 of the Constitution of India. This means that any compulsory requirement to share Aadhaar information may violate an individual's privacy.
• Voluntary Nature: The Court stated that linking Aadhaar to services should be voluntary, and individuals cannot be coerced into providing their Aadhaar number, especially if it leads to denial of services.
• Exclusion and Discrimination: Mandatory linking could lead to exclusion from essential services, which the Court found to be discriminatory, particularly against marginalized sections of society.
• Data Protection: The Supreme Court emphasized the need for proper data protection measures, cautioning against the potential misuse of personal data linked with Aadhaar.

Following the ruling, the Unique Identification Authority of India (UIDAI) stipulated that while Aadhaar can be used for verification, it cannot be made mandatory for services such as mobile connections. Thus, any scheme, including the Kharagpur scheme, that enforces this linking can be challenged on constitutional grounds.

If you believe that the Kharagpur scheme is infringing upon your rights, you may consider the following actions:

• File a Complaint: Lodge a complaint with the concerned authorities regarding the mandatory linking of Aadhaar.
• Seek Legal Recourse: Consult a lawyer to explore options for filing a Public Interest Litigation (PIL) or a writ petition in High Court challenging the scheme.
• Engage with Civil Society: Reach out to NGOs or civil rights organizations that advocate for privacy rights and data protection.

In summary, the Supreme Court's decision affirms that mandatory linking of Aadhaar to mobile numbers is unconstitutional, and you have the right to challenge the Kharagpur scheme.