Jharkhand High Court Flags Difficulties In Accessing Aadhaar Data To Trace Missing Persons, Seeks Suggestions From MHA
The Jharkhand High Court has expressed concern over the practical difficulties faced by investigating agencies in accessing Aadhaar-related information for tracing missing persons, and has sought suggestions from the Ministry of Home Affairs on evolving an appropriate mechanism to address such situations.
A Division Bench of Justice Sujit Narayan Prasad and Justice Arun Kumar Rai was hearing a habeas corpus petition filed by a mother seeking production of her daughter, who has been missing for the past five years. During the course of hearing, the Court was informed that a Special Investigation Team (SIT) had been constituted and efforts were underway to trace the girl, including a requisition made to the Additional Director General, UIDAI for Aadhaar-related details that could assist in tracking bank accounts or other linked information.
However, the Court noted the statutory limitation under Section 33 of the Aadhaar Act, which mandates prior permission of the High Court before such information can be disclosed. Observing the practical challenges posed in urgent cases involving missing persons, the Bench sought inputs from the Ministry of Home Affairs on how such issues could be effectively addressed within the framework of the law. The Court noted:
“8. In course of argument, an issue has been discussed on the practical difficulty in a case of trafficking wherein one of important source to have the clue is the Aadhaar Card but as mandated under the Aadhaar Act, 2016, the Aadhaar Card of a particular individual, herein the victim, can only be supplied on the basis of direction issued by the High Court, if any motion to that effect will be made by the prosecuting agency.”
The Court also took note of the alarming prevalence of human trafficking in the State of Jharkhand. It recorded that a majority of trafficking victims hail from the remotest tribal regions of the State, where socio-economic deprivation leaves them with little means of sustenance. Observing that such vulnerability is exploited by organised rackets, the Bench remarked that these tribal and aboriginal communities often fall prey to traffickers who are deeply entrenched in illegal networks. The Court noted:
“Since the victims are mainly belong to the marginalized community of the State of Jharkhand and when there is no access even to go to the local police station due to so many reasons, one of which is illiteracy, as such, in such circumstances, how the situation of supply of Aadhaar Card, which is one of the main source of having clue to trace out the victim, is to be handled.”
In view of the statutory constraints relating to Aadhaar data disclosure, the Bench directed the Ministry of Home Affairs to provide suggestions on how such practical difficulties may be addressed in cases of missing persons and trafficking, without violating the mandate of the Aadhaar Act.
The matter is next listed on 25 February 2026.
Case Title: Chadramuni Urain v. Director General of Police, Jharkhand and Ors.
Case Number: W.P. Cr. (HB) (DB) No. 628 of 2025
Appearance: Mr. Shashank Shekhar appeared for the Petitioner. Mr. Srikant Swaroop appeared for the State of Jharkhand. ASG Mr. Prashant Pallav appeared for UIDAI.