SYED ULFATH HUSSAIN Vs. UNION OF INDIA, MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY ELECTRONICS NIKETHAN, NEW DELHI AND ORS.

JUDGEMENT

(1.) A substantive prayer made in this writ petition is in terms of prayer clause (i) which reads thus:

(2.) The first and second respondents have filed statement of objections. The main contention raised by them is that in view of the prohibition imposed under Section 29 of the Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (for short, "the Aadhar Act"?), it is not permissible to share the demographic information as sought by the petitioner. In the statement of objections, the relevant regulations called as the Aadhar (Data Security) Regulations, 2016 and the Aadhar (Sharing of Information) Regulations are pointed out. Thus, the stand taken by the first and second respondents is that it is not permissible under the Aadhar Act and the Regulations framed thereunder to share the demographic information in respect of a dead person to identify the dead body.

(3.) Even the learned counsel appearing for the petitioner pointed out that as of today, there is no provision under which the first and second respondents can share the demographic information in respect of a dead person. His submission is that there is also a right of every person to die with dignity and therefore, the first respondent shall look into the contentions raised and see whether any provision can be made for sharing demographic information in respect of dead bodies only to enable the police to identify unidentified dead bodies.