Aadhaar is Not a Proof of Citizenship | 31 Jan 2024

Source: TH

Why in News?

The Indian government has recently emphasized that Aadhaar is not proof of citizenship or date of birth (D.O.B).

• The new Aadhaar cards and PDF versions of the identity document have started including a more explicit and prominent disclaimer that they are “a proof of identity, not of citizenship or date of birth,” signalling to government departments and other organizations to not use it for those purposes.

What are the Legal Clarifications on the Use of Aadhaar as an Identity Document?

• Bombay High Court:
  • Bombay High Court in State of Maharashtra vs Unique Identification Authority of India (UIDAI) Case, 2022 clarified the scope and limitations of Aadhaar as an identity document. The Court stated that Aadhaar is only a proof of identity and residence, not of citizenship or date of birth.
• Supreme Court of India:
  • The Supreme Court of India in the case of Justice K.S. Puttaswamy (Retd.) and Anr. vs Union Of India, 2018 has upheld the constitutional validity of Aadhaar.
    • The Court also clarified that Section 9 of the Aadhaar Act, 2016 states that "The Aadhaar number or the authentication thereof shall not, by itself, confer any right of, or be proof of, citizenship or domicile in respect of an Aadhaar number holder".
• Ministry of Electronics and Information Technology (MeitY):
  • MeitY clarified in a 2018 memorandum that Aadhaar is “per se … not a proof of date of birth,” as the date of birth is based on a different document given by Aadhaar applicants.
• Employees’ Provident Fund Organisation (EPFO):
  • The EPFO which administers the mandatory retirement fund for salaried employees in India.
    • The EPFO issued a circular in January 2024 deleting Aadhaar from the list of documents acceptable as a proof of date of birth.

What are the Concerns Regarding the Aadhaar?

• Usage of Aadhaar as Proof of Citizenship or D.O.B:
  • The Election Commission of India explicitly accepts Aadhaar as proof of date of birth for enrolling people to vote.
    • These new clarifications on Aadhaar usage, prominently printed in the identity document, may challenge such allowances.
• Privacy and Security:
  • Aadhaar involves the collection and storage of sensitive personal information, such as fingerprints, iris scans, and face photos, which raises the risk of data breaches, identity theft, and surveillance.
• Biometric Authentication:
  • Aadhaar relies on biometric verification for accessing services, which poses challenges such as the reliability and accuracy of the technology, the availability and quality of the infrastructure, and the exclusion and denial of services due to biometric failures.

Way Forward

• Launch extensive awareness campaigns to educate the public, government departments, and organizations about the revised and explicit disclaimer on Aadhaar cards.
  • Emphasize that Aadhaar is solely a proof of identity and residence, and not a document verifying citizenship or date of birth.
• Conduct a comprehensive reassessment of Aadhaar's role and permissible uses, considering legal, privacy, and security concerns.
• Implement robust data security measures to safeguard sensitive information stored in the Aadhaar database.
• Explore innovative solutions to improve the reliability and accuracy of biometric verification, reducing instances of failures and exclusions.
• Encourage collaborative efforts to enhance the overall effectiveness and inclusivity of the Aadhaar system.