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
MOIL Madhya Pradesh Environment Award
MOIL Limited Wins Madhya Pradesh Environment Award 2022–23 for Excellence in Sustainable Mining
West Bengal
West Bengal: PM-SETU Scheme to Transform ITIs and Boost Youth Employment with ₹6,000 Crore Investment 
jharkhand
Jharkhand: Mango Municipal Corporation Rolls Out 5-Year Livelihood Action Plan to Boost Jobs and Self-Employment
GAIL PSU
PESB Recommends IOCL Executive Manoj Kumar Sharma for Director (Projects) Post at GAIL India
cm mohan yadav
MP Govt Plans Investigation Allowance for Police, Boosts Cyber Crime and AI-Based Security Measures
Mohan Yadav Dharmendra Pradhan
CM Mohan Yadav Meets Union Education Minister Dharmendra Pradhan in Bhopal to Strengthen Education Reforms
cm mohan yadav
CM Mohan Yadav Reviews Law and Order in Madhya Pradesh, Pushes for Stronger Policing and Women Safety
Vishnu Deo Sai Film City Project
CM Vishnu Deo Sai Reaffirms Support for Art, Culture and Cinema at Felicitation Event in Raipur
ADVERTISEMENT
ADVERTISEMENT
Videos
Madhukar Kumar Bhagat
How an IRS Officer Spent Five Years Decoding 4,000 Years of Indian Culture
ajay suri
When The Entire Film Crew Was At The Mercy of King Cobra
Manisha Khatri
How IAS Officer Manisha Khatri IS Turning Nashik Kumbh 2027 Into A Digital Mega City
ADVERTISEMENT
UPSC Stories
Shreya Jha UPSC CSE 2025
AIR 357 Shreya Jha on Cracking UPSC CSE 2025: ‘Understand the Exam Before Trying to Conquer It’
AIR 357 Shreya Jha shares her UPSC CSE 2025 success story, preparation strategy, law optional approach,...
aayush swami
What Happened in Class 10 Changed His Entire Life:  Aayush Swami's Story Is About More Than UPSC
From a small village in Madhya Pradesh to securing AIR 461 in UPSC CSE 2025, Aayush Swami’s story blends...
Brijesh Parmar RAS
Failed Class 12, Failed BA First Year, Chose Dance, Then Cracked RAS Twice: The Story of Brijesh Parmar
Failed Class 12 and BA first year, pursued professional dance, then cracked RAS twice. Read Brijesh Parmar's...
CSR NEWS
SECL
SECL Launches Model Anganwadi Centre in Bilaspur Under ₹4.72 Crore CSR Push for Early Childhood Education 
Under a larger plan to modernise 200 Anganwadi centres, SECL expands community development efforts with...
NTPL
NTPL Signs ₹2.97 Crore CSR MoU with Gandhigram Rural Institute to Establish Gandhi Museum in Tamil Nadu
Project aims to preserve Mahatma Gandhi’s legacy through education, research, and heritage conservation...
NCL
NCL Signs ₹25 Lakh MoU with Singrauli Administration for Jal Ganga Sanvardhan Abhiyan Water Conservation Project
CSR initiative to build three ponds in Chitrangi block aims to boost groundwater recharge, irrigation...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
MOIL Madhya Pradesh Environment Award
MOIL Limited Wins Madhya Pradesh Environment Award 2022–23 for Excellence in Sustainable Mining
book Review
Sita Was Never Silent: How Sita’s Veil Reimagines the Goddess as a Symbol of Strength
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
Madhukar Kumar Bhagat
ajay suri
Manisha Khatri
ADVERTISEMENT
ADVERTISEMENT