AADHAR CARD

Uttaranchal High Court: A Division Judge Bench comprising of Rajiv Sharma, ACJ and Manoj Kumar Tiwari, J. disposed of a PIL for the rights of people with disabilities.

The petitioner through his letter sought to draw the attention of the court towards the grievances of the people who had faced problems under the Aadhaar regime whereby the aadhaar cards could not be accessed by them due to their disability.

Considering it to be a sensitive matter the Court took suo motu cognizance of the same by appraising the principle of lex non cogit ed impossibilia (law does not enforce impossibilities) and stated that the approach of the entire machinery should be humane plus it should evolve a process itself taking into consideration the difficulties faced by the disabled persons.

Accordingly, the Court directed the District Magistrate, Almora to ensure that the Aadhaar Cards of the said persons were prepared within three days from this date and, thereafter, respondent shall release the disability pension to them within seven days along with arrears.[Laxman Singh Negi v. State of Uttrakhand,  Order dated 29-08-2018

Calcutta High Court: While deciding a case where it was contended by the petitioner that Aadhar card was proof of his citizenship, the Single Bench of Joymalya Bagchi, J. held that in accordance with Section 9 of the Aadhar Act, the Aadhaar card by itself shall not confer any right of  proof of citizenship or domicile in respect of the holder thereto.

It was submitted by the petioner that aadhar card was submitted to him in view of his long residence in the country. It was argued by the State that relying on the provisions of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016  issuance of aadhar card cannot be treated as a proof of citizenship . The Court reaffirming the State’s view held that under Section 9 of said Act,  Adhaar Card by itself shall not confer any right of citizenship to petitioner.

Apart from this the petitioner also placed reliance of his claim of his citizenship on the residence certificate issued by a representative of a local body. The Court also did away with this claim by holding the letter issued by the representative of the local body as to the residence of the petitioner also does not, ipso facto, confer citizenship on the petitioner