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Why Aadhaar Can't Be Your Age Proof?

Let me walk you through the case of Smt. Sunita Bai Sahu Versus The State Of Madhya Pradesh And Others, (WRIT PETITION No. 32191 of 2024), where a debate around the Aadhaar Card’s role as proof of age came into the spotlight again.

The petitioner was a woman whose husband had tragically passed away due to electrocution. She applied for compensation under the Mukhyamantri Jan Kalyan (Sambal) Yojna, 2018, a scheme that provides benefits to families of deceased labourers. However, her claim was rejected because the authorities determined that her husband was 64 years old, which made him ineligible under the scheme.

The petitioner argued that the age of her husband should have been determined based on his Aadhaar Card, which listed a date of birth that would make him eligible for compensation. The authorities, on the other hand, maintained that the Aadhaar Card is not a reliable document for establishing someone’s age and relied on other records that showed the deceased was indeed over 64.

This took the case to court. The Supreme Court had already dealt with a similar issue in the case Saroj and Ors. v. IFFCO-TOKIO General Insurance Co. & Ors., SLP (Civil) No.23939-23940/2023 by order dated 24.10.2024. The Supreme Court clearly held that Aadhaar is not a document to prove age. Instead, it’s primarily meant to establish identity through biometric and demographic data. Relying on this precedent, the Madhya Pradesh High Court had to decide whether the scheme’s provision, which considered Aadhaar as proof of age, could stand.

The High Court observed that while the Mukhyamantri Jan Kalyan (Sambal) Yojna allows Aadhaar to be used for determining age, this provision contradicts the Supreme Court’s judgment. The Court pointed out that Aadhaar’s primary purpose is to serve as proof of identity and not as an age verification document. The Court ruled that executive instructions or provisions of a scheme cannot override the Supreme Court’s judgment or official guidelines limiting Aadhaar’s use for identity verification.

There’s another layer to this story. In a previous case, Narmadi Prasad v. State of Madhya Pradesh and Ors., W.P. No.21501/2023 decided on 09.07.2024, a Coordinate Bench of the MP High Court had allowed a claim based on the age mentioned in the Aadhaar Card. However, the current Bench declared that the earlier decision was per incuriam — a legal term meaning it was made without considering binding precedents or relevant laws. This effectively nullified the earlier ruling.

In the end, the MP High Court upheld the authorities’ decision to reject the petitioner’s claim. Since other documents established the deceased’s age as above 64, the petitioner was not eligible for compensation under the scheme.

While Aadhar is a powerful tool for verifying identity, it’s not a substitute for documents like birth certificates or school records when it comes to proving age. So, if you’re relying on Aadhaar for any age-based claims or benefits, make sure you have additional records to support your case.


[Stay tuned for further such updates…]

Comments

  1. Whether Adhar can be used as proof of address?

    ReplyDelete
    Replies
    1. Aadhaar is accepted as Proof of Identity (PoI) and Proof of Address (PoA) for an Aadhaar Holder. Currently, it has been notified as PoI and PoA by RBI, SEBI, PFRDA, DoT, PMLA and SEBI

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