Source: Supreme Court  

Why in News? 

The Supreme Court has ruled against using the date of birth from an Aadhaar Card to determine the age of a victim in a motor accident compensation case. Instead, the Court observed that the age should be verified using the date of birth from a school leave certificate, which has statutory recognition under the Juvenile Justice Act.  

• This decision overturned a High Court ruling that had reduced the compensation amount based on the Aadhaar Card's information. 

What was the Background of Saroj & Ors. v. IFFCO-TOKIO General Insurance Co. & Ors. Case? 

• The case involves a fatal motor accident that occurred on 4th August 2015, where Silak Ram was traveling on a motorcycle (registration No. HR-12X-2820) along with one Rohit. 
• Both Silak Ram and Rohit were found lying injured on the side of the road.  
  • Silak Ram succumbed to his injuries, while Rohit was taken to Medical College, Rohtak for treatment. 
• A person named Krishan discovered the injured individuals and reported the matter to the police. 
• During the investigation, the injured Rohit's statement revealed details about the offending vehicles. 
• An FIR (No. 481/2015) was registered on 4th August 2015, at Police Station, Sampla under Sections 279/337, 304A. 
• The deceased's wife and sons (claimant-appellants) filed a claim petition (No. 25 of 2015) on 16th December 2015, before the Motor Accident Claims Tribunal (MACT), Rohtak. 
• There was a dispute regarding the deceased's age:  
  • According to his Aadhar Card, his date of birth was 1st January 1969. 
  • According to his School Leave Certificate, his date of birth was 7th October 1970. 
  • Evidence showed that the deceased was an agriculturist who owned his own tractor and a JCB machine. 
• The case primarily centered around determining the appropriate compensation for the deceased's family, with the age determination being a crucial factor as it affected the multiplier to be used in calculating the compensation. 

What were the Court’s Observations? 

• The Supreme Court held that the High Court sitting in appeal should not substitute its view for that of the lower court unless the decision is afflicted by perversity, illegality, or other serious vices that compromise it beyond redemption. 
• The Court observed that while an Aadhaar Card can establish identity, it cannot serve as conclusive proof of date of birth, noting the UIDAI's Circular No. 08 of 2023 which explicitly states this limitation. 
• The Court accorded primacy to the School Leaving Certificate for age determination, citing its statutory recognition under Section 94(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015. 
• The Court found no justification for the High Court's interference with the MACT's determination regarding notional income, particularly since evidence established the deceased was an agriculturist owning a tractor and JCB machine. 
• On the matter of interest rates, the Court observed that compensation in MACT cases, arising from injury or death, must be just and reasonable, leading to its enhancement of the interest rate from 6% to 8%. 
• The Court stressed that the High Court's reduction of compensation was not justified as there was no evidence to establish that the rates notified by the District Commissioner, Rohtak, would not apply to the deceased. 
• The Court applied the principles laid down in National Insurance Co. Ltd. v. Pranay Sethi for recalculating the compensation, maintaining a multiplier of 14 based on the deceased's age of 45 years as per the School Leaving Certificate. 

What is an Aadhar Card? 

• The Aadhar card is a unique identification system implemented in India, aimed at providing every resident with a distinct identity number linked to their biometric and demographic data. 
• The Aadhar project was initiated by the Unique Identification Authority of India (UIDAI) in 2009, with the goal of creating a universal identity database for residents of India.  
• The primary motivation behind Aadhar was to streamline the delivery of welfare services and subsidies, reduce fraud, and enhance transparency in government programs.  
• The Aadhar number is a 12-digit unique identification number that is linked to an individual's biometric data, including fingerprints and iris scans, as well as demographic information such as name, address, and date of birth. 

What are Legal Provisions Involved?  

• Aadhar Act, 2016: The Aadhar Act was enacted to provide a legal basis for the Aadhar project. It outlines the procedures for enrollment, the collection and storage of biometric data, and the rights of individuals regarding their data. The Act mandates that Aadhar numbers can be used for various purposes, including the delivery of subsidies, benefits, and services. 
  • Provides legal backing to the Aadhaar project. 
  • Establishes UIDAI as a statutory authority. 
  • Defines the framework for issuing Aadhaar numbers. 
  • Specifies data protection measures. 
• Supreme Court Ruling (2018): In a landmark judgment, the Supreme Court of India upheld the constitutional validity of the Aadhar Act but imposed certain restrictions on its use. The Court ruled that Aadhar cannot be made mandatory for services such as school admissions, bank accounts, and mobile connections, emphasizing the importance of individual privacy and data protection. 
  • Supreme Court upheld the constitutional validity of Aadhaar in September 2018. 
  • Struck down Section 57 of the Aadhaar Act (private sector usage). 
  • Declared Aadhaar mandatory only for:  
    • Filing income tax returns 
    • PAN card linkage 
    • Government subsidies and benefits 

What are the Rights and Responsibilities in regard to Adhar Card? 

• Individual Rights: 
  • Voluntary enrollment 
  • Right to update information 
  • Right to file complaints 
  • Access to authentication history 
• UIDAI Responsibilities: 
  • Ensure information security 
  • Maintain authentication records 
  • Respond to grievances 
  • Regular security audits 

What are the Penalties Imposed? 

• Criminal Penalties: 
  • Unauthorized access to Central Identities Data Repository 
  • Tampering with data 
  • Identity theft using Aadhaar 
• Civil Penalties: 
  • Non-compliance with regulations 
  • Unauthorized data sharing 
  • Authentication failures reporting 

What is the Implementation Framework Required? 

• UIDAI Structure: 
  • Statutory authority under Ministry of Electronics and IT 
  • Headquarters in New Delhi 
  • Regional offices across India 
  • Enrollment through authorized agencies 
• Service Delivery: 
  • Authentication Services  
    • Yes/No authentication 
    • e-KYC services 
    • Offline verification 
  • Update Services  
    • Online update of demographics 
    • Biometric update facilities 
    • Mobile number updates 

Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015 

• Prima Facie Age Assessment: 
  • The Committee/Board has authority to make preliminary age determinations based on physical appearance 
  • Such determinations can be made without additional confirmation when the person is clearly a child 
  • The Committee must record their observation and approximate age assessment 
  • Proceedings under Section 14 or 36 may commence immediately based on this assessment 
• Tiered Evidence System for Age Verification: 
  • When doubt exists, evidence must be sought in the following mandatory order:  
    • Primary Documentation  
      • School date of birth certificate 
      • Matriculation/equivalent certificate from examination Board 
    • Secondary Documentation  
      • Birth certificate from corporation 
      • Birth certificate from municipal authority 
      • Birth certificate from panchayat 
    • Medical Verification (only if above documents unavailable)  
      • Ossification test 
      • Latest medical age determination tests 
      • Must be completed within 15 days of ordering 
• Legal Presumption: 
  • Age recorded by Committee/Board is deemed to be true age 
  • Creates conclusive presumption for purposes of the Act 
  • No provision for challenging age determination once recorded