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2020 DIGILAW 672 (KAR)

Syed Ulfath Hussain S/o Syed Hussain v. Union Of India

2020-03-06

ABHAY S.OKA, ASHOK S.KINAGI

body2020
ORDER : A substantive prayer made in this writ petition is in terms of prayer clause (i) which reads thus: “(i) issue a writ of mandamus directing the respondents no.1 and 2 to furnish demographic information in respect of the dead bodies wherein request is received from the police for the purpose of identifying the unidentified dead bodies.” 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. 4. A memo is filed by the State Government which places on record the necessary information in which copies of the correspondence made by the Director General and Inspector General of Police is annexed. In the letter dated 9th July, 2019, the Director General and Inspector General of Police has expressed an opinion that though in terms of the provisions of the Aadhar Act, police officers have been denied demographic information about the dead bodies, sharing the requisite details will help in tracing the identity of unidentified dead bodies. Therefore, a request has been made to the State Government to submit a proposal to the Government of India to bring necessary amendments to the Aadhar Act. 5. Therefore, a request has been made to the State Government to submit a proposal to the Government of India to bring necessary amendments to the Aadhar Act. 5. Though no relief as prayed for can be granted, it is always open for the State Government to move the Government of India with a request to carry out necessary amendments to the Aadhar Act in the light of what is expressed by the Director General of Police. 6. It is for the Government of India to consider such a proposal, if received from the State. Even independently of such a proposal, on the basis of the representation made by the petitioner, it is for the Government of India to consider the issue. We cannot issue further directions as it will amount to directing the Government of India to legislate. 7. Subject to what is observed above, the writ petition is disposed of.