BENGALURU: The Karnataka HC has ruled that a woman cannot unilaterally access her husbands 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 womans petition seeking her estranged husbands Aadhaar number, enrolment details and phone number, citing difficulties in enforcing a family courts maintenance order against him.
Relationship by marriage does not eclipse the right to privacyThe 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 courts order due to her husbands 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 wifes application under the RTI Act.The woman argued that marriage implies a merging of identities, justifying access to a spouses information.
The division bench, referring to the Supreme Courts observations, underscored a persons right to present their case before any disclosure.Allahabad High Court: 'Saat Pheras' essential for valid Hindu marriagesThe 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 individuals 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.