The Calcutta High Court Today (March 21st) directed the Centre to file an affidavit on a PIL alleging deactivation of Aadhaar cards of people by the authorities concerned. The petition was filed on March 7th by an NGO, the Joint Forum Against NRC, alleging that the Aadhaar cards of several persons were suddenly deactivated without prior notice to them.
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WEST BENGAL: The Calcutta High Court issued a directive Today, compelling the Centre to submit an affidavit regarding a Public Interest Litigation (PIL) alleging the deactivation of Aadhaar cards by the authorities. Additional Solicitor General (ASG) Ashoke Chakrabarti raised doubts about the PIL’s validity, citing the absence of specific cases of individuals affected by such deactivations in the petition.
A division bench, led by Chief Justice T S Sivagnanam, instructed the Centre to present its stance on the allegations outlined in the PIL within three weeks. The PIL contends that Aadhaar cards are being deactivated arbitrarily under Section 28A of the Aadhaar Act. The bench also directed the petitioner to file their affidavit a week later, scheduling the next hearing for April 25, 2024.
ASG Chakrabarti argued that Section 28A of the Aadhaar Act pertains solely to foreign nationals. He emphasized that some foreign nationals were illicitly acquiring Aadhaar cards in collusion with government departments, posing significant national security risks.
In response, the petitioner’s counsel, Jhuma Sen, asserted that the provisions for Aadhaar card deactivation under Section 28A were beyond the Aadhaar Act’s scope and were arbitrary. The PIL was lodged by an organization known as the Joint Forum against NRC.
Section 28A of the Aadhaar Act stipulates that a foreign national’s Aadhaar number may be deactivated upon the expiration of their visa’s validity period or if the authority determines that they do not meet the requirements for entry or stay in India under the Passport Act.
BACKGROUND
The Calcutta High Court is currently examining the constitutionality of a contentious regulation under the Aadhaar (Enrolment and Update) Regulations, 2016. The regulation in question, Regulation 28A, has sparked widespread concern as it grants authorities the power to deactivate Aadhaar cards of individuals classified as foreigners. This case, filed by the NGO Joint Forum Against NRC has become a focal point in the ongoing debate over citizenship and identity in India.
The petition lodged by the Joint Forum Against NRC alleges that numerous residents of West Bengal have experienced sudden deactivation of their Aadhaar cards without any prior notification. This abrupt action has left many without access to essential services and benefits, leading to widespread distress and confusion.
Earlier during the proceedings, a division bench consisting of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya took a significant step by instructing advocate Sneha Bera, representing the petitioner-NGO, to issue a notice to the Attorney General of India. The bench emphasized,
“This is so as to ensure that the Attorney General permits the Additional Solicitor General (ASG) to appear in the matter and assist the court.”
This directive came in response to ASG Ashoke Kr Chakraborty’s request, representing the Central Government, highlighting the need for the Attorney General’s involvement due to the challenge against the constitutional validity of Regulation 28A.
The controversy centers around Regulation 28A, which was not part of the original Aadhaar legislation introduced in 2016 but was added through an amendment in 2023. During the court session, advocate Bera raised critical concerns, stating,
“This provision wasn’t there when the law was introduced in 2016. It was added in 2023. This very provision is problematic or rather is unconstitutional and is arbitrary. It gives unbridled powers to the authority to decide who is an Indian citizen and who not.”
The advocate further highlighted the foundational purpose of the Aadhaar scheme, which was initially designed to streamline the delivery of various welfare schemes to citizens. The scheme’s expansion into virtually all aspects of life has raised significant issues, as Bera pointed out,
“People can’t take birth or die without an Aadhaar Card as it is required for everything now. But suddenly deactivating the Aadhaar Card without prior notice is arbitrary.”
As the Calcutta High Court prepares to explore these complex issues, the outcome of this case could have far-reaching consequences for millions of residents in West Bengal and beyond. The challenge against Regulation 28A of the Aadhaar (Enrolment and Update) Regulations, 2016, represents a critical juncture in India’s ongoing discourse on civil liberties, government authority, and the rights of individuals in the world’s largest democracy.
CASE TITLE:
Joint Forum Against NRC vs Union of India.
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