The Jharkhand High Court has drawn attention to the challenges faced by investigating agencies in obtaining Aadhaar-related information that might assist in locating missing persons, including potential victims of human trafficking, due to the constraints imposed by Section 33 of the Aadhaar Act, 2016. A Division Bench comprising Justices Sujit Narayan Prasad and Arun Kumar Rai was hearing a habeas corpus petition filed by a mother seeking production of her daughter, who had been missing for several years. The court was informed that a Special Investigation Team had been constituted to trace the missing girl and that steps taken so far included a requisition to the Additional Director General of the Unique Identification Authority of India (UIDAI) for Aadhaar details that could potentially provide leads, such as linked bank account information. The court noted that Section 33 of the Aadhaar Act mandates that Aadhaar information can only be disclosed following a prior order of the High Court, a requirement that posed practical difficulties in urgent situations where prompt access to such data might expedite the tracing of missing persons or trafficking victims.
During the hearing, the bench expressed concern that the statutory requirement for prior High Court approval for the disclosure of Aadhaar information under the Act created procedural barriers in trafficking and missing persons investigations. The court observed that in cases of human trafficking, particularly in a State like Jharkhand where many victims come from remote tribal and socio-economically disadvantaged communities, traditional means of investigation may not yield results, and Aadhaar data could be one of the few potential sources of information to trace their whereabouts. The bench remarked that these communities are especially vulnerable to exploitation by organised trafficking networks and often lack access to regular channels of assistance or literacy to engage with police stations or other authorities effectively. Given these circumstances and the statutory constraints, the High Court sought suggestions from the Ministry of Home Affairs on devising an appropriate mechanism within the legal framework of the Aadhaar Act to address such practical difficulties, ensuring that the need for substantive justice in missing persons and trafficking cases is reconciled with the statutory safeguards governing Aadhaar data disclosure.
The court’s direction to seek inputs from the Ministry of Home Affairs reflects its awareness of the tension between privacy and data protection considerations under the Aadhaar Act and the urgent investigative needs in trafficking cases where victims remain untraceable. The discussions in court underscored the importance of crafting procedural responses that do not unduly hinder investigations or access to critical information, especially in cases involving suspected trafficking and long-term disappearance of individuals. The matter was adjourned for further hearing, with the next listing scheduled to consider the responses from the Ministry of Home Affairs and how best to operationalise mechanisms to address the identified challenges.
0 Comments
Thank you for your response. It will help us to improve in the future.