Aadhaar not proof to determine age of minor rape survivor: Madhya Pradesh High Court

The Jabalpur bench of the Madhya Pradesh High Court recently held that Aadhaar Card is not proof for determining the age of a minor rape survivor [Manoj Kumar Yadav vs State of Madhya Pradesh]. .Single-judge Justice Vivek Agarwal said that for determining the age of a minor rape survivor, courts will have to consider the procedure prescribed under the Juvenile Justice (Care and Protection of Children) Act. The bench noted that the JJ Act provides for relying on birth certificate and school leaving certificate for determining age of an individual. In the absence of those documents, the Act provides for an ossification test for determining the age of an individual, the bench noted."Therefore, in view of the statutory provisions available and there being no provision for taking into consideration Aadhar card as a proof of age for presumption and determination of age, prescribed under the Act, I am of the opinion that there is no illegality in the impugned order, calling for interference in the revisional jurisdiction of this High Court," the bench said in the April 19 order. .Justice Agarwal was seized of a plea seeking revision of an order passed by a special court on April 8, 2023 refusing to accept Aadhaar card as a proof of age. .The appellant relied upon judgment of the Delhi High Court rendered in the case of Jabbar vs State, wherein the High Court held that Aadhaar is a superior document and has to be considered while determining the age. The bench, however, relied on the observations of the Supreme Court in the case of Jarnail Singh vs State of Haryana, wherein the top court held that the statutory rules under the JJ Act cannot be superseded merely because a particular document is issued by the Government of India (GoI). In fact that document is not issued by the GoI but an independent agency, namely, Unique Identification Authority of India (UIDAI)..Having referred to the judgment of the apex court, Justice Agarwal held, "Thus, in my opinion since Aadhar card is not a proof of age of the prosecutrix and her age is to be necessarily determined in terms the JJ Act, this revision petition fails and is dismissed.".Advocate Kartik Jaggi appeared for the Appellant. Government Advocate Manas Mani Verma represented the State. .[Read Order]