Picture from- www.uidai.gov.in
By Arikta Shetty from Aureus Law Partners
The 12-digit Aadhaar number is not mandatory for registration of birth and death clarified Registrar General of India (RGI) in response to an RTI application. Andhra Pradesh based lawyer M.V. S. Anil Kumar Rajagiri had filed an RTI asking whether authorities/local bodies can ask for Aadhaar number for the birth/death registration process.
RGI gave the reference of an April 2019 circular which had said that there is no mandatory requirement of Aadhaar number for birth and death registration.
The registration of births and deaths in the country are done under the provisions of Registration of Births and Deaths (RBD) Act, 1969 and there is no provision in the RBD Act which permits the use of Aadhaar for establishing the identity of an individual for the purpose of registration of birth and death. There is no law framed for such use of Aadhaar and section 57 (Aadhaar authentication) will not be applicable, therefore, the requirement of Aadhaar for registration of births and deaths was held, not mandatory.
In 2018, Supreme Court had struck down the use of Aadhaar in many situations. The apex court’s judgement in Writ Petition of Justice KS Puttaswamy (Retd.) & Anr v. Union of India & Ors., in its judgement held “that the portion of Section 57 of the Aadhar Act 2016, which enables body corporate and individual to seek authentication, is ‘unconstitutional’.” The section allowed the use of the 12-digit Aadhaar number for establishing the identity of an individual for any purpose—whether by the State or any corporate or person. But the bench held that it is not mandatory for many processes.
The RGI in its reply clearly stated that the applicant ‘may’ provide the physical copy of Aadhar number or Enrolment ID number for establishing the identity of an individual for the purpose of registration of birth and death on ‘voluntary basis’ as one of the accepted documents though it is not a mandatory requirement. However, it should be ensured that the first eight digits of the Aadhar number are masked with black ink. In no case should the Aadhar number be stored in the database or printed on any document. Only the last four digits of the Aadhar Number may be printed or stored if needed.
So keep this in mind next time when you are asked for your Aadhar number that it is not mandatory for the registration of birth and death and it can’t be saved or printed by anyone.
Disclaimer: This is not a substitute for legal advice. Readers are encouraged to obtain appropriate legal advice before acting in pursuance of this article. Views are personal.
