Privateness Rights: Spouse can’t unilaterally entry husband’s UID data: Karnataka Excessive Courtroom | Bengaluru Information
The division bench, comprising Justices S Sunil Dutt Yadav and Vijayakumar Patel, stated marriage doesn’t diminish the suitable to privateness of an Aadhaar card holder and the prescribed process have to be adopted.
The choice got here in response to a petition filed by a lady from Hubballi looking for her estranged husband’s Aadhaar quantity, registration particulars and cellphone quantity, citing difficulties in implementing the upkeep order issued by the household court docket in opposition to him.
The wedding relationship doesn’t obscure the suitable to privateness
The couple married in November 2005 and have a daughter. After relationship issues, she initiated authorized proceedings, which resulted within the household court docket awarding her Rs 10,000 as upkeep and a further Rs 5,000 for his or her daughter.
She reported challenges in implementing a household court docket order on account of not understanding her husband’s whereabouts and his escape. To hunt help, she approached the Distinctive Identification Authority of India (UIDAI), however her utility was rejected on February 25, 2021. The rejection cited the necessity for a call by a Supreme Courtroom decide beneath Part 33 of the Aadhaar Act, amongst different causes. .
Transferring the only real bench for aid, the lady obtained a optimistic determination on February 8, 2023. The only real bench directed UIDAI to situation a discover to the husband, prompting the company chargeable for handing out Aadhaar playing cards primarily based on private knowledge to object to the order.
In response, the Division Bench directed the UIDAI to listen to the husband after which rethink the spouse’s utility beneath the RTI Act.
The lady stated marriage meant merging identities, which justified entry to her husband’s data. The bench, referring to the Supreme Courtroom’s observations, careworn the suitable of an individual to current his case earlier than it’s disclosed.
“The connection of marriage, which is a union between two companions, doesn’t obscure the suitable to privateness, which is a proper of the person, and the autonomy of that particular person’s proper is acknowledged and guarded by the listening to process offered for in part 33. Marriage in itself doesn’t abrogate the procedural proper to listening to offered for in Below Part 33 of the Aadhaar Act.”
The Excessive Commissioner careworn that the choice beneath Article 33 is a non-delegable responsibility and referred the matter to a single judicial physique for additional consideration.
(tags for translation) Bengaluru Information