Punjab & Haryana High Court Asks UIDAI How Two Aadhar Cards With Different Dates Of Birth Issued In Name Of Same Person

The Punjab and Haryana High Court has asked UDIAI (Unique Identification Authority of India) and other concerned authorities to explain how two Aadhar Cards with different dates of birth have been issued in the name of a woman, allegedly detained by her family which is opposed to her same-sex relationship.

Justice Sandeep Moudgil directed UIDAI, Union Ministry of Electronics and IT and the regional authorities to provide details qua both the Aadhar Cards, including the date of issuance and the supporting material on the basis of which date of birth was recorded.

The bench said different dates of birth are emerging showing the alleged detenu to be both major and minor, and duplicity of aadhar cards may have "larger ramifications in the society". The bench added that it will consider the desirability of getting conducted the Ossification Test, to determine the actual age of the detenue.

The court was considering the habeas corpus plea moved by the alleged detenu's partner. She claimed earlier when they had approached the police expressing their wish to live together, they were allegedly slapped by the officer and the alleged detenu was forcibly taken to her family.

Yesterday, Court noted that three conflicting dates of birth of the alleged detainue had emerged- one of 15th June, 2004 as stated by the petitioner in the writ petition (showing detenu to be major); the other dated 25th August, 2007 certified by the Principal, Primary School, as produced by the State counsel and the third another Aadhar Card showing the date of birth of the alleged detenue, to be 15th June, 2007 supplied by the parents showing her to be minor.

"Considering the complexity and sensitivity of the issue involved which pertains to not only the life and liberty of a minor girl, at large having ramifications in the society which may lead to serious consequences and to ensure that no such wrong precedent is laid, this Court directs the Commissioner of Police, Panchkula, as well as Ministry of Electronics and IT, Government of India, Unique Identification Authority of India, Regional Office, Chandigarh to provide details qua both the Aadhar Cards issued in the name of... (one produced by the petitioner and other by the parents of...) and the basis on which these Aadhar Cards were made which shows two different dates of birth, especially the date of issuance of such Aadhar Card and the supporting material on the basis of which date of birth has been recorded and the Aadhar Card holder," the Court ordered.

It also directed the Commissioner of Police, Panchkula to make necessary arrangements for producing the alleged detenue in Court.

The matter is now listed for January 12 for further consideration.

The petition filed by alleged detenue's partner stated that the family members of the alleged detenu may compel her to marry someone of their choice, as they have already threatened to do the same or even cause her fatal physical harm.

Court said the allegations can be examined only once the date of birth of the alleged detenue is determined. It also clarified that if the alleged detenue is finally found to be a minor, then the question of maintainability of the present petition in the nature of Habeas Corpus will also have to be decided on the strength as to under which law and in which capacity, the petitioner is seeking production of alleged detenue.

Case Title: X v State of Haryana & Ors.

Advocate for the petitioner Amrita Garg

Baljinder Singh, Sr.DAG for Haryana