How will children be captured in the database?
For children below 5 years no biometrics will be captured. Their UID be processed on the basis of demographic information and facial photograph linked with the UID of their parents. These children will need to be re-enrolled with biometrics of ten fingers, iris and facial photograph, when they turn 5. Their biometrics will be updated once they turn 15. Intimation to this effect will be mentioned in the original Aadhaar letter.
The central government is creating a student-wise database of all the students enrolled in school in India. Under the project, Unified District Information System for Education (U-DISE) managed by National Institute of Educational Planning and Administration (NIEPA), data of school teachers and students are being collected.
Based on the 1989 Convention, India had enacted the Juvenile Justice (Care and Protection) Act, 2015. The Senior Counsel referred to Section 3 of the Act which lays down principles to be adhered to. He raised the principle of non-waiver of rights -- Aadhaar violates privacy, therefore it effectively ‘waives’ a child’s right to privacy. C. U. Singh also argued that Aadhaar violates the principle of the right to privacy and confidentiality under the same Section, as well as the principle of fresh start. Since the retention of data under Aadhaar is for seven years, this principle too is violated.
The Senior Counsel also raised the issue of Article 21A, the right to education. Aadhaar has been made mandatory for school enrollment. This effectively violates Article 21A and makes the Fundamental Right to education subject to possessing an Aadhaar card. He submitted that there is no State interest in making Aadhaar mandatory for children since children cannot legally enter into contracts. This therefore means that children cannot operate bank accounts, neither is it necessary for children to possess a PAN card. In which case, what is the justification for forcing children to obtain an Aadhaar card?
As we heaved a sigh of relief at the apex court deferring the March 31 deadline to link Aadhaar to bank accounts and mobile phones till it passes the final verdict on the matter, I realised that the need to enrol my child under this seemingly all-pervasive identity proof has only been postponed and not completely gone.
I say so because surveillance seems to be the main motive behind the sinister agenda of enforcing Aadhaar on gullible citizens. With an insistence on linking Aadhaar to mobile phones, bank accounts, educational pursuits and travel plan, authorities will put every detail about us in public domain allowing just about anybody to know who you are and what you are up to.
With this comes a very real possibility of rendering your access to the economy and the society invalid if someone in the government decides to "switch-off" your Aadhaar.