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27
December 2016
The Calcutta High Court has upheld that
Aadhaar or the unique identification (UID) number issued by the Unique
Identification Authority of India (UIDAI) is not a valid proof of citizenship
or domicile. While rejecting a claim of citizenship of the accused, who was
issued an Aadhaar number in view of his long residence India, the HC said,
“Aadhaar card by itself shall not confer any right of or be proof of
citizenship or domicile in respect of the holder thereto”. The Total Investment & Insurance
Solutions
The High Court was hearing a bail
application by a person who was booked under Section 14F of the Indian
Foreigners Act and was claiming to be an Indian citizen on the basic of Aadhaar
issued to him. Referring to the new Aadhaar Act, 2016, Justice Joymalya Bagchi
held that Aadhaar itself is neither a proof of citizenship nor domicile for the
petitioner. The Total Investment
& Insurance Solutions
Earlier on several occasions, various
courts, including the Supreme Court have restricted use of unique
identification (UID) number or Aadhaar. The Supreme Court has repeatedly
emphasised that the UID number where permitted “is purely voluntary and it
cannot be made mandatory till the matter is finally decided by the Court one
way or the other”. The Total
Investment & Insurance Solutions
Last year on 16th March, a Bench of
Justices J Chelameswar, SA Bobde and C Nagappan directed the central and state
governments not to insist on possessing Aadhaar for availing benefits under the
various social security schemes as it reiterated an order it passed in
September 2013.
Later on 16 October 2015, while
reiterating that Aadhaar scheme is purely voluntary, the SC extended its usage
for Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS),
National Social Assistance Programme (Old Age Pensions, Widow Pensions,
Disability Pensions) Prime Minister's Jan Dhan Yojana (PMJDY) and Employees'
Provident Fund Organisation (EPFO). Earlier the apex court had allowed usage of
Aadhaar to public distribution scheme (PDS), for the distribution of
foodgrains, cooking fuel, such as kerosene and LPG. The Total Investment & Insurance Solutions
The order says, "We impress upon
the Union of India that it shall strictly follow all the earlier orders passed
by this Court commencing from 23 September 2013. We will also make it clear
that the Aadhaar card Scheme is purely voluntary and it cannot be made
mandatory till the matter is finally decided by this Court one way or the
other."The Total Investment &
Insurance Solutions
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