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The Economic Times
The Economic Times

Ensure Aadhaar is used strictly as identity proof: Plea in SC

New Delhi: Alleging that Aadhaar is being used as a proof of citizenship, domicile, and residential address, a PIL has been filed in the Supreme Court seeking directions to ensure that the card is used strictly as an identity proof.

The plea filed by advocate Ashwini Kumar Upadhyay has sought directions to the Centre, states and the Election Commission of India to ensure that Aadhaar is used as a proof of identity, not as a proof of citizenship, domicile, address and date of birth.

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The plea, filed through advocate Ashwani Dubey, also sought directions that the use of Aadhaar as a proof of date of birth and residence in the application form for new voter registration be considered against Section 9 of the Aadhaar Act, 2016, Section 23(4) of the RPA, 1950 and Article 14 of the Constitution.

"Section 9 of the Aadhaar Act, 2016 expressly states that 'Aadhaar is not the evidence of citizenship or domicile'. The Unique Identification Authority of India Notification dated August 22, 2023 clearly states that 'Aadhaar is proof of identity, not of citizenship, address or date of birth'...

"Despite this, Aadhaar is not only being used as a proof of age, citizenship & domicile for school admission, property purchase and to obtain birth certificate, ration card, driving licence but also being used in the Application Form for New Voter Registration (Form-6) as a proof of date of birth & proof of residence. And thus, infiltrators & illegal immigrants are obtaining various documents using Aadhaar," the plea said.

The petition contended that the existing verification mechanism under Form-6 is inadequate and might allow individuals without proper supporting documents to be included in the electoral database.

The plea sought a comprehensive overhaul of the verification framework used in electoral processes and proposed the establishment of a high-powered monitoring committee comprising a retired Supreme Court judge along with cybersecurity and forensic experts to oversee reforms.

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