https://indianmasterminds.com

ADVERTISEMENT
ADVERTISEMENT

Orissa High Court Rules Privacy a Fundamental Right, Orders Clear Opt-Out for APAAR ID

The Orissa High Court has directed the government to amend the APAAR ID consent form to include a clear opt-out option for students and guardians, underscoring that privacy is an inherent human right and that any voluntary scheme must provide genuine choice.
Orissa High Court Arrest Directives
Indian Masterminds Stories

Orissa: In a significant judgment impacting education policy and data privacy rights in India, the Orissa High Court has decreed that students and their guardians must be given a clear and unambiguous choice to refuse enrolment in the Automated Permanent Academic Account Registry (APAAR) ID system. 

The Court observed that privacy is an inherent human right and that any government scheme that purports to be ‘voluntary’ must genuinely allow individuals the freedom to opt out from the start — not merely through withdrawal after consent is given. 

Background of Orissa HC Ruling on APAAR ID

The Automated Permanent Academic Account Registry (APAAR) is an initiative by the Union Ministry of Education (MoE), conceptualised under the National Education Policy (NEP) 2020, aimed at establishing a digital academic identity for every student in India. 

Read also: Digital Personal Data Protection Act Notification: A Game-Changing Shift in Privacy, Governance & Power, Will Take Effect in Late 2026 or Mid-2027

The scheme envisions a unique 12-digit identifier that streamlines academic records, integrates with the DigiLocker platform, and facilitates secure storage and retrieval of educational achievements from school through higher education. 

The government has maintained that APAAR ID is voluntary and not mandatory for students, and its purpose is to promote seamless academic mobility and a unified data repository across educational institutions. However, concerns have been raised regarding its implementation, linkage to Aadhaar, and potential privacy implications. 

Petition Before the Orissa High Court

The issue reached the Orissa High Court in a public interest litigation filed by advocate Rohit Anand Das and his wife, acting on behalf of their minor child who was to be enrolled in kindergarten. 

The petition challenged the absence of any clear ‘opt-out’ provision in the APAAR ID consent form and contended that the form’s structure effectively coercing consent undermined the voluntary nature of the scheme. 

Orissa HC Ruling on APAAR ID: Privacy is a Fundamental Human Right

Justice Sashikanta Mishra, presiding over the case, stressed that privacy is a fundamental human right, particularly when sensitive personal data of minors is involved. 

The court noted that while the government asserts the voluntary nature of APAAR ID, the consent form lacked a straightforward option to refuse participation. 

Instead, it only allowed for withdrawal of consent after submission — a process that the court found insufficient and potentially exerts psychological and administrative pressure to consent. 

The court observed: “If it is intended to be a voluntary act, appropriate provisions clearly specifying such a fact ought to have been incorporated in the form by providing option[s] to the parents to refuse to submit their consent or to opt out of it entirely.” 

Legal Basis and Privacy Concerns

The petitioners relied on the Supreme Court’s landmark Puttaswamy judgment, which categorically recognised the right to privacy as intrinsic to the right to life and liberty under Article 21 of the Constitution. 

The judgment emphasises that any state action involving personal data must adhere to strict standards of legality, necessity, and proportionality. 

The APAAR system’s requirement of linking academic data with Aadhaar numbers has also been a source of public concern. 

Critics argue that data collected could include detailed personal and educational records — posing risks if not robustly safeguarded. 

Although the official consent process claims voluntary participation, reports indicate that many parents and schools have treated it as de facto mandatory due to administrative pressure. 

Court Directives to the Government

To ensure genuine voluntariness and align the consent process with constitutional mandates, the Orissa High Court has directed that the model consent form be amended within two months. 

The revised form must incorporate a clear, explicit option to refuse consent or opt out at the outset of the process. 

The court’s order underlines that mere provision for consent withdrawal after submission does not adequately preserve the right to privacy, particularly for children — a demographic requiring special protections under Indian law and emerging data protection frameworks. 

Implications of Orissa HC Ruling on APAAR ID for Education and Data Governance in India

This ruling has significant implications:

  • For families and students, it reaffirms their autonomy and control over personal data in digital platforms.
  • For policymakers, it serves as a reminder that digital education reforms must be designed transparently with built-in safeguards.
  • For data governance, the judgment aligns with evolving legal frameworks such as the Digital Personal Data Protection Act, 2023, which requires clear, informed consent for personal data processing. 

Read also: Aadhaar Vision 2032: India’s Bold Step Toward AI-Driven, Privacy-First Digital Identity


Indian Masterminds Stories
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
UPSDM
Uttar Pradesh Skill Development Mission Allocates Sector-Wise Targets Under NSDC, Mandates 600-Hour Job-Oriented Training
Indian Overseas Bank (IOB)
Indian Overseas Bank Appoints Thomas Mathew as RBI Nominee Director, Replaces Sonali Sengupta from March 3, 2026
mou
MoD Signs ₹5,083 Crore Defence Deals for ALH Mk-III Helicopters and VL-Shtil Missiles to Boost Coast Guard and Navy
Delhi Police
Delhi Police Transfers 70 Officers in Major Reshuffle: 50 IPS, 20 DANIPS Moved; Dheeraj Kumar Named Joint CP (Crime)
IOB
IOB Becomes First Public Sector Bank in India to Align ERM Framework with ISO 31000:2018
thanjavur-covid-19
Bihar Govt Expands PMCH Patna Women’s Ward with 90 New Beds and Upcoming Air Ambulance Service
CM Nitish Kumar
Bihar Govt Accelerates Four Major Road Projects Including ₹4,447 Crore Mokama-Munger Expressway
MTNL
Leadership Updates: MTNL Extends Additional Charge of Director (Finance) to Rajiv Kumar for One Year
ADVERTISEMENT
ADVERTISEMENT
Videos
17beno-zephine1-610x457
Beno Zephine: India’s First 100% Visually Challenged IFS Officer Who Rewrote the Rules of Diplomacy | EXCLUSIVE
Prajesh Kanta Jena
How IFS Prajesh Kanta Jena Empowered Women & Youth at Palamau Tiger Reserve
WhatsApp Image 2026-02-23 at 12.13
Exclusive | From Ridge to River: Prajesh Kanta Jena’s Community-Led Conservation Drive at Palamau
ADVERTISEMENT
UPSC Stories
Missed by One Mark, Became a Judge: How MP's Aryaman Cracked the CGPSC Civil Judge Exam in His First Attempt
Missed by One Mark, Became a Judge: How MP's Aryaman Cracked the CGPSC Civil Judge Exam in His First Attempt
Aryaman secured Rank 7 in the Chhattisgarh Civil Judge Exam 2024 in his first attempt, turning uncertainty,...
Sanjay Rao
Sanjay Rao Walked Out of ICU to Write His Exam — Now He’s an IRS Officer
From studying under a chimney lamp in a small village hut to serving as an IRS officer, Sanjay Rao’s...
Purvi Nanda IRS
She Was Told She Was ‘Ordinary’—Today She Serves the Nation as IRS Officer
Told she was “too ordinary” to crack UPSC, Purvi Nanda rose to become a 2021-batch IRS officer—proving...
Social Media
One-Horned Rhino Calf
Watch: First One-Horned Rhino Calf of 2026 Takes Birth at Jaldapara National Park, IFS Officer Shares Rare Footage
A newborn one-horned rhinoceros calf was spotted at Jaldapara National Park on January 1, 2026. IFS officer...
venomous banded krait
Rare Night Encounter: IFS Officer Spots Highly Venomous Banded Krait During Forest Patrol, Internet Amazed
An IFS officer’s night patrol video of a highly venomous banded krait has gone viral, highlighting India’s...
elephant rescue Karnataka
Heroic Karnataka Elephant Rescue: How a 28-Hour “Impossible Mission” Became a Triumph of Wildlife Care, IFS Parveen Kaswan Shares Video
A trapped elephant was rescued after 28 hours in Karnataka through a massive, expertly coordinated Forest...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
UPSDM
Uttar Pradesh Skill Development Mission Allocates Sector-Wise Targets Under NSDC, Mandates 600-Hour Job-Oriented Training
Indian Overseas Bank (IOB)
Indian Overseas Bank Appoints Thomas Mathew as RBI Nominee Director, Replaces Sonali Sengupta from March 3, 2026
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
17beno-zephine1-610x457
Prajesh Kanta Jena
WhatsApp Image 2026-02-23 at 12.13
ADVERTISEMENT
ADVERTISEMENT