Why should Children be Forced to Obtain Aadhaar Cards?

On the final day of the petitioner’s arguments in the Aadhaar hearings, March 20, the learned Senior Counsels argued on similar grounds that had been raised earlier. However, one additional aspect was raised. This aspect pertained to the rights of children. The Senior Counsel appearing for Joshita Pai, Beghar Foundation, and Nagarik Chetana Manch, C. U. Singh, argued that Aadhaar violated the rights of children enshrined in the 1989 Convention to which India is a signatory.

The Senior Counsel had submitted Article 16 of the Convention on the Rights of Child, 1989. Article 16 bars children from being subject to arbitrary or unlawful interference in their privacy, family, home, or correspondence. However, the Convention in Article 26 states that “States Parties shall recognize for every child the right to benefit from social security, including social insurance, and shall take the necessary measures to achieve the full realization of this right in accordance with their national law.” The National Food Security Act, 2013 does not only affect ‘adults’, but children too. Making Aadhaar mandatory for receiving PDS benefits affects the entire family. The Article 28 of the Convention directly relates to the right to education.

Based on the 1989 Convention, India had enacted the Juvenile Justice (Care and Protection) Act, 2015. The Senior Counsel referred to Section 3 of the Act which lays down principles to be adhered to. He raised the principle of non-waiver of rights -- Aadhaar violates privacy, therefore it effectively ‘waives’ a child’s right to privacy. C. U. Singh also argued that Aadhaar violates the principle of the right to privacy and confidentiality under the same Section, as well as the principle of fresh start. Since the retention of data under Aadhaar is for seven years, this principle too is violated.

The Senior Counsel also raised the issue of Article 21A, the right to education. Aadhaar has been made mandatory for school enrollment. This effectively violates Article 21A and makes the Fundamental Right to education subject to possessing an Aadhaar card. He submitted that there is no State interest in making Aadhaar mandatory for children since children cannot legally enter into contracts. This therefore means that children cannot operate bank accounts, neither is it necessary for children to possess a PAN card. In which case, what is the justification for forcing children to obtain an Aadhaar card?

From March 21 onwards, the Union Government will begin their submissions.