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The Aadhaar Paradox: Privacy Vulnerabilities And Marginalization In India’s Aadhaar System




Angelia Sajeev, BBA LLB, Christ (Deemed to be) University Delhi NCR


ABSTRACT


This panoramic research examines the IRD system and India's Aadhaar system, the complexities of a large-scale biometric identification system and analyzing its legal, social and technical dimensions. It accentuates on the tension between state efficiency and individual privacy, notably through the landmark Puttaswamy judgment which asserted privacy as a fundamental right. The multistate modals reveals a lack of Equality in Aadhaar's accessibility and effectiveness across demographics, stressing its role in enabling welfare access for rural and marginalized groups while criticizing exclusion risks in systems like the Aadhaar-linked Public Distribution System (PDS).


The research assesses economic benefits, including diminished leakage in welfare schemes, but accentuating social costs such as heightened surveillance concerns and potential marginalization of vulnerable populations. It investigates private-sector biometric integration, probing commercialization’s impact on data protection and y rights. Comparative analysis with Pakistan's NADRA and Turkey's DP Act and the EU's GDPR framework identifies cross-border lessons, emphasizing the need for decentralized security, robust oversight and inclusive design.


Though Aadhaar demonstrates revolutionary potential in governance and service delivery, it still depends on addressing technical vulnerabilities and ensuring equal access and embedding privacy-by-design principles. The study concludes that ethical arrangement and placement of biometric technologies demands proactive legal frameworks, collusive policymaking, and continuous evaluation of societal impacts to uphold rights in an increasingly digitized world.


Keywords: Aadhaar, biometric identification, privacy rights, digital identity, social inclusion, data protection, Puttaswamy judgment, welfare distribution, authentication security, legal framework



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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