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harshit das   26 October 2024

Legal aid to overcome the issue.

Recently, I was going through some websites to find good study resources for my upcoming exams. On a certain website, for login purposes, there was a requirement to fill out a form and while doing that, there was a question regarding the caste, I seriously don’t know why that thing was there in the form.
Here, I would like to know if this is illegal, as there is no point in asking for the cast on anywebsite. And if it’s a yes then please tell me what legal aid I can get to overcome the issue.



Learning

 2 Replies

ranjan das   26 October 2024

Hello, curious one, 
I have gone through your concern regarding the invalid request of caste information, just for logging in to a website, and I would like to answer your query. Here is my advice.

From my point of view, asking for sensitive information like caste information without any justification is a violation of privacy norms and the anti-discrimination laws in India. With reference to the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, mentioned under the IT Act of 2000, caste is considered sensitive information of anyone, and asking for this shall only be for legitimate purposes and with due consent of the user. 

This thing also somewhere harms the privacy norms of the individuals and asking for sensitive data can infringe the Right to Privacy, mentioned under Article 21 of our Indian Constitution. In the case of K.S. Puttaswamy v. Union of India (2017), privacy was recognized as a very fundamental right, and violation of this can lead to serious consequences. 

In case you consider it necessary to take some steps regarding this matter, there are some actions which you may take:

To begin with, you may complain to the DATA PROTECTION AUTHORITIES concerning the problem since it is in charge of upholding privacy laws.

Secondly, you can seek legal aid if you believe that your rights and sentiments are being hurt or you can also file a writ petition under article 32/226 of the Indian Constitution for the violation of your fundamental rights. 

I hope I was able to clear all your doubts, if any further clarification is required, you can connect with me on Linkedin ( www.linkedin.com/in/pankhuri-rastogi-9221b2289 ).
Thank you. 

Dr. J C Vashista (Advocate )     27 October 2024

There is no need to disclose caste to login website, if any,

However, it is never confronted or heard by me till date.

.


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