Not a Foolproof System
India Legal|January 17, 2022
The new Election Laws (Amendment) Bill, 2021 proposes to link electoral rolls with Aadhaar to curb multiple enrolments of the same person at different places. But it also runs the risk of identity theft
Sambhav Sharma and India Legal Bureau
Not a Foolproof System
SANTOSHI died crying “Bhaat, Bhaat, Bhaat!” These were the cries of an 11-year-old girl, as recounted by her mother. The girl allegedly died of starvation in Jharkhand in September 2017. She had been told by the public distribution shop that no rice (bhaat in the local language) would be given to her as her family had not linked their ration cards with Aadhaar.

The death of Santoshi is not just a collective shame, but shows us the potential challenges if the Aadhaar linking is made mandatory. This also be comes relevant in the backdrop of the Election Laws (Amendment) legislation, piloted by the minister of law and justice in the winter session of Parliament. President Ram Nath Kovind has given his assent to Election Laws (Amendment) Bill, 2021.

The law will allow the youth to enrol as voters on four different dates every year and proposes to link electoral rolls with Aadhaar to curb multiple enrolments of the same person at different places.

However, linking Aadhaar is not mandatory but optional. The legislation allows electoral registration officers to seek the Aadhaar number of those who want to register as voters. As per the government, these reforms are the demand of the time and will benefit the electoral system.

Now, the question that arises is: if the linking of Aadhaar is not mandatory, then what is the problem? Does this new legislation disenfranchise voters at the grassroots level? Could this lead to the government using voter identity? What could be the potential ramifications of this exercise on data security?

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