The Supreme Court has said that even if it upheld the unique identity number scheme, the biometrics collected at the time of enrollment would have to be non-invasive.
Referring to Section 2(g) of the Aadhaar Act, the court told the Centre that biometrics could never be invasive. You cannot take blood and urine samples of individuals in the name of collecting biometrics for enrolling a person with Aadhaar, the Bench headed by Chief Justice of India, Dipak Misra said.
Meanwhile, the Solicitor General Tushar Mehta argued that the law mandating the linking of Aadhaar with PAN does not violate the right to privacy under Article 21. He said that the Income Tax Act provides for such linking and it meets with all the tests and hence cannot be declared of violative of Article 21.
He said that PAN was introduced in 1989 and an individual was required to provide all demographic information as well as biometric details. Those who have PAN number and have already provided the information required to get it cannot claim to have any legitimate expectation of with-holding any data required for Aadhaar under the ground of privacy, he further stated.