Aadhaar’s catch-22: To get missing man’s info, trace him!

Aadhaar’s catch-22: To get missing man’s info, trace him!

Hear Him Before Ordering Us To Reveal Details: UIDAI To HC

Saeed.Khan@timesgroup.com

Ahmedabad:11.07.2021 

A 19-year-old boy, Jigar Jadav, went missing from his school in Devas village in Banaskantha in 2011. A decade later, when the local police sought help from the Unique Identification Authority of India (UIDAI) to provide any and every available detail on Jadav to help trace him, the Aadhaar authority cited the right to privacy of the person--missing in this case.

In March this year, the Gujarat HC directed Banaskantha police to launch an investigation to trace Jadav and ordered UIDAI to cooperate with the police to trace Jadav through Aadhaar card, if it was issued at all to him.

Reluctant to share Aadhaar information, if it has any, on missing Jadav, the UIDAI authorities informed the Gujarat high court that the HC can order it to furnish information only after hearing the authority and the person whose information is being sought for. Ironically, in this case, it is a missing person!

In March, the Gujarat HC had directed police to launch a probe to find Jigar

Cooperate with cops: HC to UIDAI

The insistence on part of the Aadhaar authority on following the law perplexed the HC which directed UIDAI on Wednesday to cooperate with the police in its investigation into the disappearance of Jadav after 10 years following a habeas corpus petition filed by Jadav’s father, Nagjibhai. Jadav had disappeared from Dr Babasaheb Ambedkar Kumar Chhatralay in Devas village in Banaskantha. His father frantically inquired with the schools and hostel authorities and pursued the matter with high-ups in the government. When no trace of his son was found, he approached the high court through advocate Nayanavati Jethva.

Following the HC order, the Deesa police wrote to UIDAI seeking information about Jadav, if it has any. In reply, the authority said that it would be difficult to identify a person merely on the basis of his birth date and name and without Aadhaar number.

The authority later reiterated this in its affidavit filed in the high court and asserted that it would not be feasible to trace him on the basis of cursory details. It also cited various provisions of laws and court orders by which the right to privacy restricts disclosure of details pertaining to an Aadhaar card holder.

The Aadhaar authority further submitted that the court can order it to furnish information about an Aadhaar card holder only after hearing UIDAI and the person concerned. It cited provisions of section 33(1) of UIDAI Act. “It is pertinent to mention that since Mr. Jigar Kumar Nagji Bhai Jadav has now attained majority (as per the information provided by state police authorities), he is also required to be heard by the Court along with the authority in view of the aforesaid Section 33 (1) of the said Act (as amended), in case if he has enrolled himself for an Aadhaar number and subsequently allotted the same by the Authority,” the affidavit reads.

Meanwhile, the Banaskantha police submitted its report on the probe during the hearing. The HC has posted the matter for further hearing on July 26.