A lawyer filed a petition with the Delhi High Court on Monday, challenging the mandatory requirement of providing Aadhaar details to access the benefits of the Chief Minister Advocates’ Welfare Scheme.
The scheme provides health and life coverage to advocates in Delhi.
Petitioner Gaurav Jain’s counsel informed the bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula, that due to the absence of data protection laws, he did not wish to disclose his Aadhaar number for re-registration under the scheme.
The court stated that all government welfare schemes have their terms and conditions, and the petitioner could choose not to participate if he disagreed with the conditions.
It said that the scheme was voluntary, and if he did not approve of it, he could refrain from applying.
As the petitioner’s lawyer mentioned that he was willing to provide an alternative identity proof document, the court then asked the petitioner’s counsel to seek additional instructions.
Jain, who had previously registered under the scheme in April 2020, has contested privacy issues and the absence of a data protection law while re-registering for the scheme using his Aadhaar number.
The petition argues that there was no legitimate requirement for requesting Aadhaar details during the re-registration process for the scheme. The petitioner had attempted to re-register for the scheme in March but was unable to do so through the portal without first providing his Aadhaar number.
The petitioner, a practicing advocate registered with the Bar Council of Delhi, fulfilled the eligibility criteria for the scheme and believed that making Aadhaar mandatory violated his right to privacy. The petition further contended that the Aadhaar number did not assist in determining an advocate’s eligibility for the scheme. The petitioner’s identity was adequately established through the Bar Card, Certificate of Practice (CoP), and Election Photo Identity Card (EPIC).
Despite these reasons, the respondent had made Aadhaar mandatory for registration or re-registration under the scheme. The petition argues that this requirement lacked a reasonable connection to the objectives of the Chief Minister Advocates’ Welfare Scheme.
The court has scheduled the matter for further hearing on July 20.
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