THE USE OF DATA COLLECTED UNDER THE AADHAR SCHEME IN THE CRIMINAL JUSTICE SYSTEM IN INDIA
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Abstract
Technology may have moved on, but unfortunately so have its surrounding privacy issues- it is saddening to note that a significant technological advancement such as Aadhar has been significantly curbed due to its alleged ineligibility of use in the criminal justice system. This Paper explores the scope of use of Aadhar biometric data by the criminal justice system in its judicially circumscribed scope. Through a doctrinal analysis of secondary data, it can be concluded that although the privacy concerns surrounding the use of Aadhar data in the criminal justice system hold little water in the face of far more blatant exceptions to individual privacy, such use may be potentially subject to challenge on the grounds of the purposes of the Aadhar Act’s nature as a welfare legislation. This paper explores the current use of technology in the Indian criminal justice system, its governing legislations, the potential use of Aadhar data for forensic purposes, why the same is correct and even welcome and possible ways to make it unambiguously clear that such use becomes constitutionally valid.
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