Court Rules Aadhaar-Enabled Biometric Attendance System With GPS Tagging Does Not Violate Privacy Rights
In a landmark judgment, the Patna High Court has upheld the constitutional validity of the Aadhaar-Enabled Biometric Attendance System (AEBAS) for faculty members in medical colleges across Bihar, dismissing challenges that it infringes on the right to privacy. The decision was delivered by Justice Bibek Chaudhuri in the case of Dr. Shyam Kumar Satyapal v. National Medical Commission.
The petitioners, faculty members from various medical institutions, contended that the system, which uses face-based Aadhaar identification and GPS tagging, violated their fundamental rights under Articles 14, 19, and 21 of the Constitution. They argued that the system's mandatory implementation constituted an invasion of privacy and amounted to unwarranted surveillance.
However, the court ruled that the system does not breach privacy rights, citing the Supreme Court's landmark judgments in K.S. Puttaswamy v. Union of India, which recognized informational privacy as a facet of the right to privacy. Justice Chaudhuri noted that while privacy is a fundamental right, it can be subject to reasonable restrictions, especially for legitimate state purposes such as ensuring attendance and governance in public institutions.
The court further held that the Aadhaar Act, 2016, allows for Aadhaar-based authentication beyond welfare schemes, extending to governance and administrative purposes. It dismissed the petitioners' reliance on sections of the Aadhaar Act that restrict its use to welfare schemes, stating these provisions do not preclude its application in attendance systems when appropriately legislated.
The judgment emphasized that unfounded apprehensions about data misuse cannot form the basis for invalidating such policies. The court also referenced previous Supreme Court and High Court rulings supporting the use of biometric systems for governance and discipline in public services.
In a directive accompanying the dismissal of the petition, the court urged the National Medical Commission to address systemic issues in medical education by filling vacant teaching posts, acknowledging that securing faculty attendance alone would not solve broader problems in the healthcare system.
This judgment underscores the judiciary's stance on balancing privacy rights with state interests in governance, setting a precedent for similar cases across the country.
Bottom Line:
Introduction of Aadhaar-Enabled Biometric Attendance System (AEBAS) with GPS tagging for faculty members in medical colleges and hospitals upheld as constitutional, not violating Right to Privacy under Articles 14, 19, and 21 of the Constitution of India.
Statutory provision(s): Articles 14, 19, 21 of the Constitution of India, Aadhaar Act, 2016 (Sections 7, 8, 23, 53, 57)
Dr. Shyam Kumar Satyapal v. National Medical Commission, (Patna) : Law Finder Doc Id # 2840528
