SC DECLARES AADHAR IS NOT FOR AGE PROOF
India’s unique identification number, Aadhaar, cannot be proof of date of birth, the Supreme Court of India recently ruled. Millions of Indians use the Aadhaar card as a means of official identification and the ruling has raised fundamental questions about such an identity. In this post we will break down the major components of the ruling, discuss what it means for you and your business, and which date of birth verification alternatives you can (and should) use.
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UIDAI History: How Aadhaar Became the Tool to Identify People
Aadhaar was introduced with the primary aim of obtaining a unique identification number for every Indian resident. Aadhaar number is backed by biometric details like fingerprints and iris scans and is one of the most important identification numbers for availing services ranging from banking to mobile connections and social welfare benefits, and is issued and is maintained by the Unique Identification Authority of India (UIDAI)
But, Aadhaar has name, gender, address, date of birth, so this was never intended to be conclusively the document for identification. But this new ruling has provided some clarification about its limitations when it comes to age verification.
Explanation of the Supreme Court Ruling
The Supreme Court had on October 26, 2024 ruled that Aadhaar cannot be treated as the only proof of date of birth of a person. This was in the line of several cases in which people had attempted to produce Aadhaar as a legal document regarding their age especially in the absence of a birth certificate or school records. The ruling reiterated that a birth certificate, school-leaving certificate or a foreign government document remains the preference for verification of age.
Why Aadhaar is Not Good Enough Proof of Age
The judgment highlights that the date of birth on an Aadhaar card is self-reported. This implies that a large number of people are likely to have provided wrong credentials during the Aadhaar hotel on account of mistake, or absence of relevant papers in the time, right as the service was being prepared to be manufactured usage at the most inclusive level possible. Aadhaar, being self-declared, decreases the potency of this data in confirming actual birth.
In addition to this, it observed that the Aadhaar enrollment process itself doesn’t get the date of birth verified with much stricter and confirming standards, so cannot be treated as conclusive evidence.
Why not use Aadhaar instead for verified age?
Aadhaar having been ruled out as sufficient date of birth proof, the following documents are now valid :
- Birth Certificates– This are the initial and most accurate documents to assess birth date issued by the municipal body or panchayat.
- Academic Documents: For many candidates, school leaving certificates, 10th or 12th grade mark sheets, and other academic records typically carry a certified date of birth.
- Passport: Passports go through a long and comprehensive verification process and are recognized worldwide as a legitimate proof of date of birth.
- Although PAN is primarily a tax-related identification card, it is generally accepted as a secondary proof document.
What This Ruling Means For Indians
The order will be relevant for crores of Aadhaar holders, particularly those who could have relied on Aadhaar for identification in situations where no other documents were available. Those wanting to use it as proof of age for selection of government services, pensions or in court will have to provide alternative ID.
Proof of age on document records, or in other words, proof of age may now be a priority for a handful who never had birth certificates or another scholarly record. This could adversely effect the elderly and rural population, who would be dependent on Aadhaar for a number of services.
Conclusion: One Small Leap For Identification Standards
This is a decision that comes in partially in direct response to the fact that we really do need accurate and credible age verification — and ideally a science-based one. Aadhaar remains a very useful tool to mesh more services with citizens, but it is not without its disqualifying deficiencies. This judgment also is a cautionary tale that the benefits of technology aside, nothing replaces the importance of paper and ink when it comes to proving identity and date of birth in the legal arena.
To ensure greater precision and another opportunity to possibly eliminate abuse, mistakes or misuse of Aadhaar data in legal and administrative aspects, the Supreme Court needs further specific documentation.
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