Genuine Residents Can't Be Left Remediless Due To Aadhaar Deactivation, Biometric Mismatch: Bombay High Court Issues Guidelines

The Bombay High Court while taking note of the increasing cases where citizens are compelled to approach courts on account of biometric mismatch, deactivation or suspension of Aadhar Cards, issued detailed guidelines ordering the authorities to adopt a 'citizen-centric' approach in dealing with such cases and also to ensure the grievances are redressed within four weeks. A division bench of Justice Ravindra Ghuge and Justice Hiten Venegavkar observed that in several such cases, genuine residents are made to run from one office to the another, without any resolution, which results in unnecessary hardships."This Court is increasingly noticing cases where citizens are compelled to approach constitutional Courts on account of biometric mismatch, failed biometric updation, deactivation, suspension, omission, cancellation or technical irregularities in Aadhaar records. In several such cases, genuine residents, including students, senior citizens, labourers, persons from rural areas and economically weaker sections, 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 bench observed in the order passed on May 6. The object of the enactment is not merely to create a technological database, but to establish a reliable and accessible identity mechanism for residents so as to facilitate delivery of welfare measures, public services, institutional access and effective governance, the bench observed. "The State, therefore, has a legitimate administrative and constitutional interest in ensuring that every eligible resident possesses a valid and functional Aadhaar identity. At the same time, implementation of the statutory framework must remain citizen-centric, facilitative and constitutionally compliant," the judges held. While referring to various provisions of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 and the Aadhaar (Enrollment and Update) Regulations, 2016, the bench observed that the statutory framework itself recognises that technological or biometric irregularities may arise during implementation and the same also provides remedial mechanisms to address such contingencies."It is equally necessary to observe that maintenance of the integrity and purity of the Aadhaar database is a matter of national importance and the authorities are fully justified in adopting safeguards against duplication, impersonation and fraudulent enrollment. However, while preserving the sanctity of the biometric identity framework, the authorities are equally expected to adopt a humane, responsive and facilitative approach while dealing with genuine cases involving biometric mismatch, failed updation or technical irregularities, particularly where no allegation of fraud or impersonation exists against the concerned resident," the judges made it clear. The 20-page judgment authored by Justice Venegavkar, laid down certain guidelines for the authorities with a view to reducing avoidable hardship to genuine residents facing Aadhaar- related technical or biometric difficulties.The bench directed the authorities to ensure:- Whenever any citizen approaches the Aadhaar Authorities with a grievance relating to biometric mismatch, failed biometric up-dation, deactivation, suspension, omission, cancellation or technical rejection of Aadhaar records, the concerned authority shall inform such citizen in writing or through officially recognized electronic communication about the precise status of the Aadhaar record and the legally permissible remedial procedure available under the Aadhaar Act, 2016 and the Aadhaar (Enrollment and Update) Regulations, 2016.- The Respondent Authorities shall endeavour to maintain an appropriate facilitation mechanism at the Regional Offices and Aadhaar Seva Kendras for dealing with cases involving biometric mismatch, failed updation, deactivation or technical irregularities in Aadhaar records.- In cases where Aadhaar enrollment was originally undertaken during minority and biometric mismatch or authentication failure is noticed subsequently upon attainment of age prescribed for mandatory biometric updation, the concerned authorities shall provide reasonable opportunity to such applicants for fresh biometric capture and rectification in accordance with law.- The authorities shall ensure that genuine applicants are not unnecessarily compelled to repeatedly visit multiple offices without being informed of the status of their applications or the procedure required for redressal of their grievance.- Wherever fresh enrollment is permissible under the applicable statutory framework and regulations, the authorities shall facilitate such fresh enrollment in accordance with law and shall not reject the request merely on the ground...

Genuine Residents Can't Be Left Remediless Due To Aadhaar Deactivation, Biometric Mismatch: Bombay High Court Issues Guidelines

Narsi Benwal

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