Aadhaar Card Issues

SC rules that Aadhaar cannot be used as proof of date of birth

Note4Students

From UPSC perspective, the following things are important :

Mains level: Supreme court role;

Why in the News?

The Supreme Court ruled that Aadhaar cards cannot be accepted as proof of age, as other official documents like the School Leaving Certificate are more appropriate for this purpose.

What are the legal implications of the SC’s ruling on Aadhaar as proof of date of birth?

  • The ruling reinforces the legal stance that Aadhaar is primarily intended for identity verification rather than as a document for verifying age or date of birth. This aligns with the previous Supreme Court judgment in 2018, which defined Aadhaar as “proof of identity” rather than proof of age or residence.
  • By citing the Juvenile Justice Act and previous HC judgments, the SC emphasized that statutory provisions and established legal precedents should guide the determination of age.
    • This consistency ensures that legal processes are not diluted by using documents like Aadhaar, which lack stringent verification for date of birth.
  • The ruling adheres to UIDAI’s own circular, which states that Aadhaar is not intended to serve as proof of date of birth. This reduces potential misuse or misinterpretation of the Aadhaar card’s scope and usage.

How will this decision impact individuals and agencies that utilize Aadhaar for identity verification?

  • Impact on Identity Verification Practices: While Aadhaar remains a valid document for identity verification, organizations and institutions will need to reassess the supporting documents they accept for age-related verification.
    • For instance, banks, insurance companies, and government agencies may need to request additional documents when the date of birth is a critical factor.
  • Review of Policies in Government Schemes: Agencies implementing government schemes may need to revise their processes to comply with this ruling, ensuring that alternative documents are requested for verifying age-related eligibility.
  • Impact on Legal and Compensation Cases: In cases where age is a factor in calculating benefits, legal entities must rely on more reliable documents, such as birth certificates or school records, instead of Aadhaar.

What alternative documents can be used for verifying the DoB following this ruling?

  • School Leaving Certificate/Matriculation Certificate: This is often considered the most reliable document for verifying the age of an individual, as it is issued based on records from the time of schooling.
  • Birth Certificate: The birth certificate remains the primary document for establishing a person’s date of birth as it is issued by a government authority at the time of birth.
  • Passport: As an official government document that undergoes strict verification, the passport can serve as valid proof of age.
  • Government-issued Certificates (e.g., PAN Card): While not always requested for age verification, documents like the PAN card can also be used in some cases where other primary documents are unavailable.
  • Driver’s License or Voter ID (if Date of Birth is Mentioned): These documents, where the date of birth is explicitly recorded, could be used as supporting evidence for age verification.

Way forward: 

  • Strengthen Guidelines for Acceptable Age Verification Documents: Government agencies, financial institutions, and service providers should clearly outline which documents are accepted for age verification, prioritizing reliable records like birth certificates and school certificates to ensure consistency and compliance.
  • Enhance Public Awareness on Aadhaar’s Usage Limitations: The government should initiate campaigns to educate citizens about Aadhaar’s limitations as age proof and encourage the use of appropriate documents for age-related matters, reducing confusion and potential legal disputes.

Mains PYQ:

Q Two parallel run schemes of the Government, viz the Adhar card and NPM, one of voluntary and the other as compulsory, have led to debates at national levels and also litigations. On merits , discuss whether or not both schemes need run concurrently. Analyse the potential of the schemes to achieve development benefits and equitable growth (UPSC IAS/2014)

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