Citizens shouldn't be burdened by biometric errors in Aadhaar: Bombay High Court to UIDAI

The Bombay High Court recently issued comprehensive directives to the Unique Identification Authority of India (UIDAI) to ensure citizens are not unfairly burdened due to biometric anomalies or other technical irregularities in their Aadhaar records [Rohit Nikalje & Anr v. Regional officer, UIDAI & Ors].In an order passed on May 6, a division bench of Justices Ravindra V Ghuge and Hiten S Venegavkar criticised the UIDAI for the unnecessary hardships and avoidable litigation caused by technical irregularities in Aadhaar records.The Court underscored that while maintaining database integrity is a matter of national importance, the implementation must remain citizen-centric, facilitative and constitutionally compliant. "A genuine resident cannot be left remediless merely because a technological or biometric anomaly has occurred in the system,” the order said..The Court flagged the increasing trend of citizens being compelled to approach constitutional courts for technical irregularities in their Aadhaar records.“In several such cases, genuine residents are made to repeatedly visit different offices and authorities without any clear resolution or effective guidance regarding the procedure required to rectify their Aadhaar records. Such situations result in unnecessary hardship, denial of access to essential services and avoidable litigation,” the Court stated..To reduce avoidable hardships for genuine residents, the Court directed UIDAI to provide written guidance on remedies, maintain facilitation centers, and ensure citizens are not subjected to repeated, uninformed office visits.The authority must decide the applications within four weeks, and if they are complete and no legal impediment exists, fresh Aadhaar numbers or cards must be issued. The Bench also issued directions for future cases, including written communication of the precise Aadhaar status, a facilitation mechanism at regional offices and a humane, citizen-centric approach for genuine applicants ..The order was passed in a case filed by 19-year-old twin brothers, Rohit and Rahul Nikalje. The brothers were issued Aadhaar cards as minors in 2012. However, when they attempted to update their biometrics in 2022, they were met with a series of inconsistent administrative communications.The twins were subjected to a cycle of advice. They were first told to update, then to apply for cancellation, then informed that the cancellation process was revoked, and finally told their numbers were suspended. This administrative uncertainty had serious consequences as the brothers required the document for their provisional admissions and to secure insurance for sporting activities like horse riding.The Court found that if the childhood biometrics were incorrect, the fault cannot be fastened upon them. It directed the twins to submit fresh enrolment applications within 15 days. UIDAI was ordered to process these applications strictly in accordance with the law within four weeks. .Advocates Harshada Shirsath, Ramaprasad Deore and Swaraj Sabale appeared for the brothers.Advocates Shehnaz V Bharucha and Gargi Warunjikar appeared for UIDAI.Additional government pleaders PP Kakade and PN Diwan appeared for State. [Read Order]