SC: Parents cannot be forced to create Apaar IDs for students
UPSC / SSC current affairs note · Polity
Why in news
The Supreme Court ruled that parents cannot be mandated to create Apaar IDs for their children, applying to 24 crore students. The Court will order an 'opt out' option in consent forms, reinforcing the right to privacy.
Background
The Automated Permanent Academic Account Registry (Apaar) scheme aims to create a unique ID for each student to facilitate seamless transfer of academic records. However, parents challenged the mandatory requirement of Aadhaar for Apaar, citing the Supreme Court's K.S. Puttaswamy judgment that Aadhaar is optional. The Orissa High Court had earlier directed the state to provide an 'opt out' option.
Key facts
Supreme Court said parents cannot be forced to create Apaar IDs for students.
The order applies to 24 crore students across India.
Senior advocate Indira Jaising argued that schools mandate Aadhaar for Apaar, violating the K.S. Puttaswamy judgment.
Jaising claimed the Digital Personal Data Protection Act has not been applied to Apaar.
The Orissa High Court had directed an 'opt out' option in consent forms, which was not challenged.
SC will pass a pan-India order similar to the Orissa HC ruling.
SC noted benefits of Apaar, such as instant transfer of student records between schools.
Petitioners argued that lifelong academic data storage infringes on privacy.
Right to education is a fundamental right, not a government service, so Aadhaar cannot be insisted upon.
The bench cautioned against viewing everything with suspicion but upheld the need for consent.
Prelims pointers
- Apaar: Automated Permanent Academic Account Registry
- K.S. Puttaswamy case: Right to privacy as fundamental right
- Digital Personal Data Protection Act, 2023
- Orissa High Court
- Supreme Court of India
- Aadhaar: 12-digit unique identity number
- Right to education: Article 21A
- One Student, One Unique ID
Mains angles
- GS2: Right to privacy vs. digital governance schemes
- GS2: Judicial review of executive schemes and fundamental rights
- GS2: Education policy and data protection for minors
- GS3: Digital governance and data security
- GS2: Centre-state relations in implementing education schemes