BENGALURU: The Karnataka HC has ruled that a woman cannot unilaterally access her husband’s Aadhaar data solely based on the marital relationship, underscoring the autonomy and protection of privacy rights within the statutory framework of the law.
A division bench, comprising Justices S Sunil Dutt Yadav and Vijayakumar A Patil, said marriage does not diminish the right to privacy of an Aadhaar cardholder, and the prescribed procedure must be followed.
The decision came in response to a Hubballi-based woman’s petition seeking her estranged husband’s Aadhaar number, enrolment details and phone number, citing difficulties in enforcing a family court’s maintenance order against him.
Relationship by marriage does not eclipse the right to privacy
The couple tied the knot in November 2005 and has a daughter. Following relationship troubles, she initiated legal proceedings, leading to the family court granting her Rs 10,000 as maintenance and an additional Rs 5,000 for their daughter.
She reported challenges enforcing the family court’s order due to her husband’s unknown whereabouts and him being on the run. Seeking assistance, she approached the Unique Identification Authority of India (UIDAI), but her application was rejected on February 25, 2021. The rejection cited the need for a decision by a high court judge under Section 33 of the Aadhaar Act, among other grounds.
Upon moving the single bench for relief, the woman received a favourable decision on February 8, 2023. The single bench directed UIDAI to issue notice to the husband, prompting the agency responsible for handing Aadhaar cards based on personal data to contest the order.
In response, the division bench instructed UIDAI to hear the husband and then reconsider the wife’s application under the RTI Act.
The woman argued that marriage implies a merging of identities, justifying access to a spouse’s information. The division bench, referring to the Supreme Court’s observations, underscored a person’s right to present their case before any disclosure.
“The relationship by marriage, which is a union of two partners, does not eclipse the right to privacy, which is the right of an individual, and the autonomy of such an individual’s right stands recognised and protected by the procedure of hearing contemplated under Section 33. Marriage by itself does not do away with the procedural right of hearing conferred under Section 33 of the Aadhaar Act,” the division bench said.
The HC stressed that the decision under Section 33 is a non-delegable duty and remitted the matter to the single bench for fresh consideration.
For more news like this visit TOI. Get all the Latest News, City News, India News, Business News, and Sports News. For Entertainment News, TV News, and Lifestyle Tips visit Etimes
News Related-
Anurag Kashyap unveils teaser of ‘Kastoori’
-
Shehar Lakhot: Meet The Intriguing Characters Of The Upcoming Noir Crime Drama
-
Watch: 'My name is VVS Laxman...': When Ishan Kishan gave wrong answers to right questions
-
Tennis-Sabalenka, Rybakina to open new season in Brisbane
-
Sikandar Raza Makes History For Zimbabwe With Hattrick A Day After Punjab Kings Retain Him- WATCH
-
Delayed Barapullah work yet to begin despite land transfer
-
Army called in to help in tunnel rescue operation
-
FIR against Redbird aviation school for non-cooperation, obstructing DGCA officials in probe
-
IPL 2024 Auction: Why Gujarat Titans allowed Hardik Pandya to join Mumbai Indians? GT explain
-
From puff sleeves to sustainable designs: Top 5 bridal fashion trends redefining elegance and style for brides-to-be
-
The Judge behind China's financial reckoning
-
Arshdeep Singh & Axar Patel Out, Avesh Khan & Washington Sundar IN? India's Likely Playing XI For 3rd T20I
-
Horoscope Today, November 28, 2023: Check here Astrological prediction for all zodiac signs
-
'Gurdwaras are...': US Sikh body on Indian envoy's heckling by Khalistani backers