Aadhaar Card Not Valid Document For Determining Age: Supreme Court

26-10-2024

On October 24, 2024, the Supreme Court of India overturned a decision by the Punjab and Haryana High Court that accepted an Aadhaar card as valid for determining the age of a road accident victim for compensation purposes.
The ruling says that age must be established using official documents such as a school leaving certificate.
1. Judicial Bench: The decision was made by a bench consisting of Justices Sanjay Karol and Ujjal Bhuyan.
2. Legal Framework: The court referred to Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015, stating that the date of birth recorded in a school leaving certificate is the appropriate basis for age determination.

The court said that the Unique Identification Authority of India (UIDAI) clarified, through circular number 8 of 2023, that an Aadhaar card, while useful for identity verification, is not conclusive proof of date of birth.
This was supported by an office memorandum from the Ministry of Electronics and Information Technology dated December 20, 2018.
The Supreme Court upheld the previous ruling of the Motor Accident Claims Tribunal (MACT), which had determined the age of the deceased based on his school leaving certificate.

The appeal was filed by the family of a man who died in a road accident in 2015.
Initially, the MACT in Rohtak awarded a compensation amount of ₹19.35 lakh, which the high court later reduced to ₹9.22 lakh.
The reduction was due to the high court's assessment that the MACT had misapplied the age multiplier in the compensation calculation.
The high court had relied on the deceased's Aadhaar card, which stated he was 47 years old.
However, the family argued that his actual age, according to his school leaving certificate, was 45 years at the time of death.

What is Aadhaar?

Aadhaar is a 12-digit unique identification number issued by the Unique Identification Authority of India (UIDAI) to residents of India.
It serves as proof of identity and is linked to biometric and demographic information.
It was Launched in 2009, Aadhaar aims to provide a reliable identity for everyone and is now required for various government services and used by private companies.
As of April 2022, over 1.33 billion Aadhaar cards have been issued, covering 99.9% of adults in India.

Every resident can obtain an Aadhaar number by providing demographic and biometric data.
- UIDAI now offers NRIs as well as other resident foreigners the option to avail an Aadhaar card
UIDAI: Establishes UIDAI as a statutory body to issue Aadhaar numbers.
Uniqueness: Each Aadhaar number is unique and cannot be reassigned.
Privacy and Safety: UIDAI ensures the security of personal data.
Restricted Sharing: Sharing of Aadhaar information is limited and regulated.
Penalties: Unauthorized access to Aadhaar data can lead to penalties, including imprisonment.
Legal Oversight: Courts can only take action on Aadhaar-related offenses after a complaint from UIDAI.

UIDAI has introduced several measures to protect Aadhaar data:

Virtual Aadhaar ID: A temporary ID that can be used instead of the Aadhaar number.
Masked Aadhaar: Shows only the last four digits of the Aadhaar number in official documents.
OTP Authentication: Uses a one-time password sent to the registered mobile number for identity verification.
Tokenization: Provides a unique token for each Aadhaar number during authentication.

Aadhaar offers several benefits, including:

Access to Government Services: It Serves as proof of identity for benefits like subsidies and pensions.
Reducing Fraud: It Helps to eliminate fake identities, reducing corruption in welfare programs.
Financial Inclusion: It Facilitates opening bank accounts and obtaining SIM cards.
Identity Verification: It Simplifies the verification process for various documents like PAN and voter ID.
Efficient KYC: It Streamlines Know Your Customer processes for banks and other institutions.

Some issues with Aadhaar include:

Biometric Issues: Biometric authentication can fail, requiring multiple attempts.
Unreliable Data: Demographic details may not always be verified, leading to inaccuracies.
Security Risks: Instances of data breaches raise concerns about privacy.
Exclusions: Welfare benefits can be denied if individuals don’t link Aadhaar properly.
Privacy Concerns: Sensitive information can be at risk of unauthorized access.
Challenges for Vulnerable Groups: Registration can be difficult for laborers and the elderly.
Lack of Informed Consent: Users may not fully understand how their data will be used.
No Exit Option: Users cannot delete their Aadhaar data from the UIDAI database.

Aadhaar is used in numerous government schemes, such as:

Public Distribution System (PDS): For ration authentication.
Aadhaar-enabled Payment System (AEPS): For financial transactions.
Direct Benefit Transfer (DBT): For government payments directly to bank accounts.
Jan Dhan Yojana: For opening bank accounts.
Pensions: To verify and distribute pension payments.
Passports: As proof of identity for applications.
Linking with Voter ID: To enhance the integrity of electoral processes.