Aadhaar Card is Not Proof of Citizenship and Date of Birth
Aadhaar Card is Not Proof of Citizenship and Date of Birth (Representational Image )
Recent Aadhaar cards are being issued with updated disclaimers explicitly stating that Aadhaar is a proof of identity, not citizenship or date of birth. This move aims to dispel misconceptions and reinforce the limitations of Aadhaar’s applicability. While widely accepted as a valid form of identification, the unique identification number should not be misconstrued as proof of citizenship or an official document for determining an individual’s date of birth.
Clarifications and Legal Decisions:
- Election Commission and Aadhaar:
The Election Commission of India recognizes Aadhaar as proof of date of birth for voter enrollment. However, the new disclaimers may raise questions about the continuation of such practices. - EPFO’s Stance:
In January, the Employees’ Provident Fund Organisation (EPFO) announced that Aadhaar would no longer be accepted as proof of date of birth, following directives from the Central Provident Fund Commissioner. - Ministry’s Clarification:
Back in 2018, the Ministry of Electronics and Information Technology clarified that Aadhaar does not serve as direct proof of date of birth. - Judicial Perspective:
In 2023, the Bombay High Court dismissed a petition from the Maharashtra government seeking Aadhaar details for an accused who had conflicting dates of birth on two Aadhaar cards. The court’s decision reinforced the position that Aadhaar cannot be used as proof of date of birth.
UIDAI’s Clarifications on Citizenship:
- Residency-Based Identification:
The Unique Identification Authority of India (UIDAI) has clarified that Aadhaar is a residency-based identification document, not a citizenship certificate. According to the Aadhaar Act, UIDAI verifies whether an applicant has resided in India for 182 days prior to applying for Aadhaar, distancing it from citizenship determination. - Supreme Court’s Direction:
The Supreme Court of India directed UIDAI not to issue Aadhaar to illegal immigrants, underscoring that the authority’s role is limited to residency verification, not verifying citizenship.
Misuse and Quality Control:
- Incidents of Misuse:
Instances of Aadhaar being obtained under false pretenses have been reported. In Hyderabad, UIDAI issued notices to individuals suspected of acquiring Aadhaar fraudulently and launched investigations to validate these claims. - Quality Control Measures:
UIDAI has implemented regular quality improvement processes to maintain the integrity of the Aadhaar system, especially in response to reported cases of fraudulent issuance.
The updated disclaimers on Aadhaar cards serve as an important reminder of the document’s intended purpose and limitations. As the discourse around Aadhaar evolves, it is vital for the public and organizations to align their practices with the legal framework and guidelines provided by UIDAI. These efforts to clarify Aadhaar’s role highlight the necessity of accurate representation and responsible usage of identity documents in India.
