A Visakhapatnam 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 a mobile number through a scheme in Visakhapatnam is unconstitutional in light of the Supreme Court ruling in 2018.

In the landmark judgment delivered in the case of Justice K.S. Puttaswamy (Retd.) v. Union of India, the Supreme Court declared that while Aadhaar can be used for specific purposes, making it mandatory for linking various services, including mobile numbers, violates the right to privacy, which is a fundamental right under Article 21 of the Constitution of India.

Key points regarding the Supreme Court's ruling include:

• Privacy as a Fundamental Right: The Court recognized the right to privacy as a fundamental right, establishing that individuals have the autonomy to control their personal information.
• Voluntary Nature of Aadhaar: The Supreme Court stated that linkage of Aadhaar to mobile numbers and other services must remain voluntary and cannot be enforced by the state or any agency.
• Section 7 of the Aadhaar Act: The Court held that Section 7 of the Aadhaar Act, which made Aadhaar mandatory for availing of subsidies or benefits, does not extend to private entities or services like mobile phone connections.
• Implications for Mobile Operators: Telecommunication companies cannot insist on Aadhaar linkage for issuing new connections or retaining existing numbers, as it infringes upon citizens' privacy rights.

Following this judgment, any scheme or policy enforcing the mandatory linking of Aadhaar to mobile numbers would be unconstitutional and subject to legal challenge. Individuals can raise concerns through various forums, including:

• Filing Complaints: Citizens can file complaints with the appropriate regulatory bodies, such as the Telecom Regulatory Authority of India (TRAI).
• Legal Recourse: If faced with coercion, individuals may approach the courts to seek protection of their rights.
• Awareness and Advocacy: Engaging in public discourse and advocacy initiatives to raise awareness about this issue can also be impactful.

In conclusion, the Supreme Court's ruling underscores the importance of privacy and personal autonomy, rendering any mandatory linking of Aadhaar to mobile numbers unconstitutional. Citizens should be vigilant about their rights and challenge any unlawful requirements.