"If You Don’t Like, Don’t Apply": Delhi HC To Petitioner Challenging Aadhar Requirement For Advocate Welfare Scheme
The Delhi High Court heard a plea challenging the mandatory requirement of providing Aadhar Card details for registration under the Chief Minister Advocates' Welfare Scheme (CMAWS). The CMAWS is a scheme launched by the Delhi Govt. for lawyers of Delhi for providing term insurance of Rs. 10 Lakhs and Mediclaim insurance of Rs. 5 Lakhs.
A Division Bench of the Delhi High Court headed by Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said that “You can withdraw from the scheme, nobody will touch your Aadhaar then...It is a welfare scheme. If you don't like it, don't apply.”
Advocate Chandani Chawla represented the Petitioner while ASC Udit Malik represented the Respondent.
The Petitioner had registered for the CMAWS Scheme in 2020. The Petitioner in his plea pleaded that the mandatory requirement of Aadhar is arbitrary and that he is ready to provide other information proof such as Pan Card, Bar Council of Delhi (BCD) Card.
The Petitioner had to re register for the scheme in 2023 but the portal didn’t allow him to register without Aadhar details. The Petitioner questioned the security of information furnished by Aadhar and raised concern about lack of strong data privacy regulations in India, thereby making his information vulnerable.
The Delhi High Court held that a welfare scheme is not mandatory and that the Petitioner could choose to not opt under the said scheme. The Court listed the matter for further hearing on July 20, 2023.
Cause Title: Gaurav Jain v. Govt. of NCT of Delhi
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