Over 27 lakh NRC applicants whose biometrics locked may soon get Aadhaar, courtesy PIL by Sushmita Dev

way2barak, Nov.11: Rajya Sabha MP Sushmita Dev filed a PIL before the Supreme Court, seeking issuance of Aadhaar cards to NRC applicants in Assam whose names have figured in the final draft of the citizenship document, is a case for the fundamental right of life. Over 27 lakh NRC applicants in the state had submitted their biometrics during the claims and objections phase of updating the NRC. Out of these, 19 lakh names were not included in the final draft of NRC published on August 31, 2019. Ms Dev said the government is yet to even notify the final National Register of Citizens (NRC) draft, even after three years of publishing it, and wondered how can people be denied Aadhaar cards on this pretext.

The AG (Attorney General) was granted two weeks’ time in 2nd part of October 2022 to seek appropriate instructions in the matter. He was asked to put in a note so that issues can be resolved on the next date, that is, on 9 November, 2022.

The Supreme Court on Thursday adjourned on the request of the Central Government the hearing of a plea seeking directions to issue Aadhaar cards to nearly 27 lakh persons who were added to the supplementary list of the Assam National Register of Citizens (NRC) published in August 2019. A bench of Chief Justice of India DY Chandrachud, Justices Hima Kohli and JB Pardiwala adjourned the matter for November 18 after Attorney General R Venkataramani sought time.

In April this year, the top court issued a notice to the Central government, the Assam government and the Unique Identification Authority of India (UIDAI) on the PIL filed by All India Trinamool Congress Member of Parliament Sushmita Dev. “It is not a case on citizenship, it is a case on the fundamental right to life in the state. Our contention is that Aadhaar does not prove citizenship of a person; even non-citizens are given Aadhaar cards. Then, on what basis people in Assam are being denied this document, especially since NRC is yet to be notified?” Dev said.

“The State government of Assam and the Union of India are denying access to the biometrics of the individuals whose names have been incorporated in the supplementary list dated August 31, 2019, and are therefore not able to access the benefits as would they be entitled to by having an Aadhar Number,” the plea said.

The plea further said, the non-availability of an Aadhar number creates a major disadvantage in obtaining education access, application for jobs, application for PAN cards, ration cards, the opening of bank accounts etc. and therefore impinging the ability of such people to have a right to livelihood, right to food, liberty, whether it be economical or political, self-determination and autonomy. Such an action of the State entities to deny aadhar to such a person violates the principles laid down under Article 14 of the Constitution, it added.

So if the apex court gives the verdict as demanded in the plea filed by MP Sushmita Dev, then a positive solution to this issue may happen during the next hearing on 18 November.