Right To Privacy

The challenge of holding judges accountable

Note4Students

From UPSC perspective, the following things are important :

Mains level: Issues related to the Judiciary;

Why in the News?

Two political parties have accused each other of tampering the voter lists before the Delhi Assembly elections. This has brought back the discussion about linking voter IDs (EPIC) with Aadhaar numbers.

Why was the National Electoral Rolls Purification and Authentication Program?

The National Electoral Rolls Purification and Authentication Program (NERPAP) was launched by the Election Commission of India on March 3, 2015, with the primary goal of creating an error-free and authenticated electoral roll.

  • Linking EPIC with Aadhaar: The program sought to link the Elector’s Photo Identity Card (EPIC) data with the Aadhaar database to authenticate voter identities and eliminate duplicate entries in the electoral rolls.
  • Error Correction: NERPAP aimed to facilitate the correction of errors in voter data and improve the overall quality of images on electoral documents.
  • Voluntary Disclosure of Multiple Entries: Voters were encouraged to voluntarily disclose any multiple registrations, allowing for timely corrections and deletions of unnecessary entries from the electoral rolls.
  • Enhanced Communication: The initiative also aimed to collect mobile numbers and email addresses from voters, enabling the Election Commission to provide important updates regarding elections, such as poll dates and revision schedules.
  • Public Participation: To ensure maximum engagement, special camps and facilitation centers were organized nationwide to assist voters in linking their Aadhaar with EPIC and addressing any concerns regarding their registrations.

What did the Supreme Court mandate in the Puttaswamy case in 2018?

  • In the Puttaswamy case, the Supreme Court recognized the right to privacy as a fundamental right under the Constitution. It ruled that while Aadhaar could be used for various purposes, including voter registration, individuals cannot be denied their right to vote for failing to provide their Aadhaar number.
  • This ruling emphasized that any legal framework must respect individual privacy rights and ensure that no citizen is disenfranchised due to administrative requirements.

What are the pros and cons?

Pros:

  • Elimination of Duplicate Entries: Linking Aadhaar with EPIC can help remove multiple registrations for individuals who may have registered in different locations due to migration.
  • Real-time Authentication: The unique identity provided by Aadhaar enables online verification, enhancing the accuracy of voter rolls.
  • Updated Voter Database: The initiative aims to maintain an updated and accurate record of voters, which is crucial for free and fair elections.

Cons:

  • Database Errors: Errors within the Aadhaar database could lead to wrongful rejection or deletion of legitimate voter entries.
  • Proof of Citizenship Concerns: Aadhaar serves as proof of residence but not citizenship, potentially failing to address non-citizen registrations on electoral rolls.
  • Privacy Risks: While linkage may not directly violate privacy rights, there are concerns about misuse as electoral rolls are accessible to political parties.

What can be the way forward?

  • Transparent and Voluntary Process: Modify electoral forms to clearly indicate that providing Aadhaar is voluntary, ensuring no voter is denied registration for not furnishing their Aadhaar number.
  • Strengthen Data Accuracy and Privacy Safeguards: Establish mechanisms to verify Aadhaar data accuracy and implement robust data protection measures to prevent misuse of linked electoral rolls.

Mains PYQ:

Q Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy.(UPSC IAS/2017)

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