Aadhar Card Not Proof Of Age, But An Identity Document: Madhya Pradesh HC Reiterates, Directs State To Clarify To All Concerned Authorities

Aadhar Card Not Proof Of Age, But An Identity Document: Madhya Pradesh HC Reiterates, Directs State To Clarify To All Concerned Authorities

Siddhi Nigam

13 Nov 2024 1:55 PM

While reiterating that Aadhar cards cannot be relied upon as a proof of its holder's age, the Madhya Pradesh High Court recently directed the state government to clarify to all concerned authorities that the Aadhar Card is merely an identity document.

In doing so the high court referred to the Supreme Court's decision in Saroj and Others Vs. IFFCOTOKIO General Insurance Company and Others (2024) which held that the Aadhar Card is not the document of age. The matter before the high court pertained to use of Aadhaar card as a definitive proof of age to claim benefits under the Mukhyamantri Jan Kalyan (Sambal) Yojna.

A single judge bench of Justice GS Ahluwalia stated that not only the Supreme court but also the High Courts and even circulars issued by various government Departments have clarified that Aadhar card is not the proof of age.

“...Similarly, different High Courts including the High Court of Madhya Pradesh in different cases have held that Aadhar Card is not a document of age," it added.

It thereafter said, "Let a copy of this order be sent to Chief Secretary, State of Madhya Pradesh for issuing notices to all the concerned authorities with regard to the legal sanctity of Aadhar Card thereby clarifying that Aadhar Card is not the document of age but it is merely a document of identity".

In this case, the petitioner Sunita Sahu, applied for Mukhyamantri Jan Kalyan (Sambal) Yojna, 2018 after her husband's death due to electrocution. Her claim was denied since her husband's age exceeded the scheme's age limit which is 64 years as per the official records. The petitioner contended that her husband's age should be determined based on the date of birth mentioned on his Aadhar card, which if accepted would qualify her to benefit from the scheme.

The court observed that the Panchayat in Narsinghpur district did not commit any mistake by holding that the age of deceased husband of petitioner was more than 64 and hence not eligible for the benefits. The petitioner had also filed an appeal before SDO, Gadarwara, District Narsinghpur against order February 22 and it is pending therefore the court asked that the, Appellate Authority may be directed regarding the same as well.

The court had asked the petitioner's counsel to address that if the State government has formulated a scheme considering aadhar card as a document of age and can that scheme be given precedence over the Supreme Court's judgement.

“It was fairly conceded that the scheme, which is an executive instruction cannot prevail over the judgments passed by the Supreme Court as well as the High Court… The UIDAI by its circular No.08/2023 has clarified that Aadhar Card can be used to establish identity. It is not per se proof of date of birth," it noted.

It further observed that the provisions of the Yojna made it clear that age of deceased labourer would be considered on the basis of date of birth mentioned in Aadhar Card, is contrary to very purpose of Aadhar Card and therefore, it cannot be approved.

"Be that whatever it may be. But one thing is clear that since Aadhar Card is not the proof of age of holder of Aadhar Card, therefore, Janpad Panchayat Babai Chichali, District Narsinghpur did not commit any mistake by holding that on the basis of all other relevant documents, the age of deceased husband of petitioner was more than 64 years and has rightly ignored the date of birth mentioned in the Aadhar Card of the deceased," the high court said.

The court also rejected the petitioner's contention that since she has also filed an appeal before SDO, Gadarwara, District Narsinghpur against the February order and the same is pending therefore the Appellate Authority may be directed to decide the same.

“this Court has already held that Aadhar Card is not the document of age and it is a document of identity (Biometric, IRIS), then no useful purpose would served by directing the Appellate Authority to decide the appeal thereby giving an opportunity to take a different view specifically when the judgment passed by this Court is binding on all the tribunals functioning within the State of Madhya Pradesh," it said while dismissing the petition.

Before parting the high court called for circulation of its order to all Collectors within the State so that they may circulate to all the authorities functioning under them.

Case title: Smt. Sunita Bai Sahu Versus The State Of Madhya Pradesh And Others

Case No: WRIT PETITION No. 32191 of 2024

Is someone using your Aadhaar without your knowledge? Here is how to check

Is someone using your Aadhaar without your knowledge? Here is how to check

The Aadhaar card is a vital identification document for Indians. However, with the data connected to it, Aadhaar is also becoming a target for scammers. Here is a quick guide on how you can track whether anyone is misusing your Aadhaar.

Divya Bhati

New Delhi,UPDATED: Nov 15, 2024 17:09 IST

In Short Scammers are exploiting Aadhaar details to trick people There have been cases where scammers exploited stolen Aadhaar details for financial fraudsUIDAI allows users to track Aadhaar usage to prevent misuse

The Aadhaar card has become a primary identification document for Indian residents. This 12-digit unique ID is important for accessing government services, banking facilities, and telecom connections. While this document simplifies many administrative processes, the card is now also vulnerable to misuse if not handled with care. Due to the data connected to it, there have been many incidents in the past few years where fraudsters reportedly have exploited stolen Aadhaar details for financial fraud, identity theft, or unauthorised access to services. If exploited, victims may further face blocked services, financial loss, or legal complications due to activities carried out in their name.

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But how can you check if your Aadhaar is being misused? While you cannot check directly, you can review where your Aadhaar number has been used in the past—for travel, stays, banking, and other purposes. To help people keep their Aadhaar safe and track its usage, the Unique Identification Authority of India (UIDAI) has introduced tools to help users monitor and secure their Aadhaar usage.

Here is a Step-by-Step Guide to help you monitor the usage of your Aadhaar number:

How to check Aadhaar usage history

1. Go to the myAadhaar portal.

2. Enter your Aadhaar number, captcha code, and click “Login With OTP.”

3. An OTP will be sent to your registered mobile number. Enter it to access your account.

4. Select the “Authentication History” option and choose the date range for the period you want to review.

5. Check the log and look for any unfamiliar or suspicious transactions. If you identify unauthorized activity, promptly report it to UIDAI.

You can either:

Call UIDAI’s toll-free helpline: 1947

Write your report and send it to Email: help@uidai.gov.in

How to lock Aadhaar biometrics

Meanwhile, UIDAI also offers the option to lock and unlock Aadhaar biometrics to prevent misuse. Locking your Aadhaar biometrics ensures that even if someone has access to your Aadhaar details, they cannot misuse the biometric information.

To lock your Aadhaar biometrics:Visit the Official UIDAI Website.

Navigate to the “Lock/Unlock Aadhaar” section.

Read the Guidelines and review the instructions provided on the page.

Provide Required Information: Enter your Virtual ID (VID), name, PIN code, and captcha code.

Click “Send OTP” to receive a one-time password on your registered mobile number.

Secure Your Biometrics: Use the OTP to complete the process and lock your Aadhaar biometrics.

Students’Aadhaar validation adaunting task for educators

Students’Aadhaar validation adaunting task for educators

SruthySusan.Ullas@timesofindia.com 08.11.2024

Bengaluru : The department of school education and literacy is undertaking a massive exercise to get students’Aadhaar numbers validated in Student Achievement Tracking System. However, institutions are not pleased as students’ names in Aadhaar cards and school records don’t match in several instances. “It is a Herculean task. The names of students and their parents in SATS and Aadhaar do not match. SATS data is sourced from birth certificates. Thus, Aadhaar does not get validated. We have to keep requesting parents to make changes in Aadhaar. There is so much pressure from the education department to get this done quickly, but it is not easy,” said a school representative. 

A govt school teacher said: “Finally, we teachers have to spend a lot of time doing all this. We now have at least four numbers generated for a student — SATS ID, Aadhaar number, UDISE ID and APAAR. Such bureaucratic work takes away valuable time from teachers.” Sashi Kumar D, secretary, Association of Managements of Primary and Secondary Schools of Karnataka, said:

“The problem is with how parents fill in the names of students. In the birth certificate, it would be spelt one way. But they would change the way it is spelt while applying for Aadhaar. Aadhaar and school records won’t match. Parents have to be more serious in the way they create records.” It was in Feb 2023 that the department started collecting Aadhaar numbers of students. After Aadhaar was linked to SATS, several instances of duplication were uncovered

Sites exposing citizens’Aadhaar, PAN blocked

Sites exposing citizens’Aadhaar, PAN blocked 

27.09.2024

New Delhi : IT ministry has come down heavily on websites exposing sensitive personal identifiable information of citizens, including their Aadhaar and PA N Card details, and has ordered them to be blocked. Sources said the websites/ URLs ordered blocked include https://www.asianbariatrics.com/uploads/, https://thestarkidz.com/cp/ img/dob_proof_imgae/, and

https://indianaerospaceandengineering.com/media/ student/aadharc ard/ There was, however, no official confirmation of the same. The step comes days after the Star Health hacking episode where data of 31 million citizens is feared to have been compromised. In an official statement, IT ministry said govt is committed to having an open, safe, trusted and accountable internet. “It has come to notice… that some websites were exposing sensitive personal identifiable information, including Aadhaar and PA N Card details, of citizens. This has been taken up seriously as govt accords highest priority to safe cyber security practices and protection of personal data. In line with this, prompt action has been taken to block these websites.” TNN

AADHAAR

 

NOT LINKED TO AADHAAR

 

AADHAAR TO BE LINKED WITH VOTER ID

 

AADHAAR

 

AADHAAR WITH VOTER ID ISSUED

 

CENTRE RETRACTS CAUTION ON AADHAAR COPIES

 

AADHAAR

 

AADHAAR FRAUD

 

AADHAAR

 

Govt withdraws UIDAI’s Aadhaar caution note after flutter

Govt withdraws UIDAI’s Aadhaar caution note after flutter

Pankaj.Doval@timesgroup.com

New Delhi : Aadhaar caught the Centre on the wrong foot over safety concerns after a statement issued by the Bengaluru unit of the Unique Identification Authority of India — the agency that issues the 12-digit unique identity number — created a flutter when it asked people not to share their info with “unlicensed private entities” such as hotels or movie halls as it can be “misused”. As the advisory started creating chatter on social media, the ministry of information technology — the nodal ministry for UIDAI — had to beat a hasty retreat, reassuring there are enough safeguards and protection within the Aadhaar system, and asking people to continue to share the unique ID number, but after exercising “normal prudence”.

“In view of the possibility of the misinterpretation of the press release, the same stands withdrawn with immediate effect,” the IT ministry said, uncharacteristically issuing the clarification on Sunday. Over the last few years, Aadhaar has become the most trusted identity proof with hospitals, hotels and employers insisting on its photocopies, though it is “voluntary”. Most individuals have been sharing photocopies, with some noticing they have been misused in documents. In case of several agencies, devices for biometric authentication were never deployed with UIDAI pushing the use of QR codes embedded in Aadhaar cards. › Safety fears, P 9 The use of Aadhaar photocopies has created safety fears Two days ago, UIDAI Bengaluru office issued a press release under the heading ‘Caution’, asking people to be careful when giving out Aadhaar for certain verification processes. “Do not share (a) photocopy of your Aadhaar with any organization because it can be misused.

Alternatively, please use a masked Aadhaar which displays only the last 4 digits of your Aadhaar number. It can be downloaded from UIDAI’s official website," it said, further adding, "Only those organisations that have obtained a User License from the UIDAI can use Aadhaar for establishing the identity of a person. Unlicensed private entities like hotels or film halls are not permitted to collect or keep copies of Aadhaar card. It is an offence under the Aadhaar Act 2016. If a private entity demands to see your Aadhaar card, or seeks a photocopy of your Aadhaar card, please verify that they have (a) valid User License from the UIDAI."

While Aadhaar has proved to be safe, the use of photocopies has created safety fears. The UIDAI move to first alert citizens about not sharing Aadhar photocopies and then subsequently retract its statement, has kicked off a row with data security experts, former bureaucrats, activists and political leaders 5/30/22, 7:13 AM about:blank about:blank 2/2 hitting out at UIDAI. “In the initial release, the UIDAI admitted to long pending concerns with Aadhaar, which were debated and proven in the court. UIDAI always insisted they have improved Aadhaar’s security by bringing in virtual ID, masked Aadhaar numbers, but has never promoted them enough,” Kodali Srinivas, a data security expert, said.

“This release accepting privacy and security concerns with Aadhaar has been withdrawn again, because the Government doesn’t want people to distrust and stop using Aadhaar.” French security researcher Baptiste Robert, who exposed several Aadhaar leaks in Telangana and Andhra Pradesh, said that four years ago he had warned about the issues with the Aadhaar.

AADHAAR

UIDAI asked public from giving Aadhaar for verification

Most individuals have been sharing the photocopies, with some noticing that they have been misused in their loan and other documents. In case several agencies, devices for biometric authentication were never deployed with UIDAI pushing the use of QR codes embedded in Aadhaar cards. Two days ago, UIDAI’s Bangalore regional office issued a press release under the heading ‘Caution’, asking people to be careful when giving out Aadhaar for certain verification processes.

“Do not share (a) photocopy of your Aadhaar with any organization because it can be misused. Alternatively, please use a masked Aadhaar which displays only the last 4 digits of your Aadhaar number. It can be downloaded from UIDAI’s official website,” it said. UIDAI caution note causes flutter, junked New Delhi : Aadhaar caught the government on the wrong foot over safety concerns after a statement issued by the Bangalore unit of the Unique Identification Authority of India (UIDAI) – the agency that issues the 12-digit unique identity number – created a flutter when it asked people not to share their info with “unlicensed private entities” such as hotels or movie halls as it can be “misused”.

As the advisory started creating chatter on social media, the IT ministry – the nodal ministry for UIDAI – had to beat a hasty retreat, reassuring there are enough safeguards and protection within the Aadhaar system, and asking people to continue to share the unique ID number, but after exercising “normal prudence”. “In view of the possibility of the misinterpretation of the press release, the same stands withdrawn with immediate effect,” the IT ministry said, uncharacteristically issuing the clarification on Sunday. Over the last few years, Aadhaar has become the most trusted identity proof with hospitals, hotels and employers insisting on Aadhaar photocopies, although it is "voluntary".

AADHAAR

 

AADHAAR

 

AADHAAR

Aadhaar

 

Aadhaar, Again

Aadhaar, Again

Electoral roll data linkage to Aadhaar ecosystem is a big change. Ordinary citizens mustn’t suffer

22.12.2021

Amendments to the Representation of the People (RP) Act requiring voters to furnish their Aadhaar numbers to electoral registration officers were introduced, considered and passed in both Houses of Parliament, all in a few hours, without any meaningful debate. Union law minister Kiren Rijiju cited the need to clean up the electoral rolls – specifically, RP Act provisions barring people from being registered as voters from more than one constituency, and preventing bogus voting.

Rijiju also claimed the amendments met the Puttaswamy judgment’s triple test of legality, need, and proportionality, which is now used to assess the permissible limits of invasion of privacy. Yes, this Bill did pass Parliament unlike Election Commission’s 2015 seeding of over 30 crore voter IDs with Aadhaar. But the achievement of the legality requirement to meet privacy safeguards would have been bolstered manifold by a thorough discussion in Parliament, allowing further finetuning of the Act’s provisions. In following the template set by farm laws, GoI may have unnecessarily exposed itself to stiff legal challenges, even if street agitations like those by farmers don’t happen.

Since the Bill only sanctions Aadhaar number and not biometric verification, it essentially boils down to a test of identity between details in the voter ID and Aadhaar card. Even small variances in name, address, age etc could see lower level bureaucrats enjoying outsized discretion to accept or reject electoral roll entries. RP Act’s new Section 23(6) allows those unable to furnish Aadhaar numbers for “prescribed” reasons to produce alternate documents. But the poor, without other documents to prove their identities and whose details may vary between their Aadhaar and voter card, could be hit hardest.

Also, while Rijiju has said the linking is voluntary and not mandatory, amendments say electoral officers “may” ask for Aadhaar. This “may” may become worryingly widespread. Further, Section 23(5) suggests that GoI could notify a date in the gazette by which time every person in the electoral roll “may” intimate his/her Aadhaar number to authorities. The worry is what happens if a citizen doesn’t do this.

The right to vote is a statutory right and it mustn’t be denied to citizens without rigorous due process and just cause. EC must ensure every electoral roll entry struck off through this new process is independently verified by booth level officers on the ground. The impending big change to our electoral rolls should be foolproof and abuse-proof.