Every Aadhaar number-holder has the fundamental right to obtain the services set out in the Aadhaar regime: HC

The statute confers the right on every Aadhaar number-holder to seek alterations. The authority [UIDAI] is under a correlative duty to make the changes on being satisfied that the information earlier incorporated warrants alteration, the Madurai Bench of the Madras High Court has held.

The court was hearing a petition filed by P. Pushpam of Paramakudi in Ramanathapuram district. The petitioner is a senior citizen. Her husband had served in the Indian Army for 21 years, and had been receiving an Army pension. Following his demise in May, the petitioner applied for the transfer of the pension account. Her request could not be processed on account of errors found in her Aadhaar Card. Her name had been spelt wrongly, and her date of birth had been entered erroneously.

She approached the E-Sevai Maiyam at Paramakudi to set right the errors. She was directed to approach the local post office for the corrections. But her efforts were in vain. She then sent a representation to the Regional Centre in Bengaluru. Since there was no response, she filed the present petition.

Justice G.R. Swaminathan said Section 31 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies Benefits and Services) Act, 2016, provides for alteration of demographic or biometric information. The whole purpose of Section 31 of the Act is to ensure that one’s Aadhaar Card contains the correct details. Pursuant to the power to make regulations under Section 54 of the Act, the Aadhaar (Enrolment and Update) Regulations, 2016, were issued.

Taking note of the fact that there was only one Aadhaar Seva Kendra in Madurai for the southern districts of Tamil Nadu, the court said it could not understand why the petitioner, a senior citizen, a widow, and a resident of Paramakudi, must be made to come all the way to Madurai to exercise her right. “Of course, to alter the biometric information, one’s physical presence may be required. But the facility to alter the demographic information must be available at the local level. There are 4,056 Aadhaar enrolment centres in Tamil Nadu. These centres can be equipped to cater to the requests for alteration of information envisaged under Section 31 of the Act,” the judge said.

The UIDAI said it was planning to establish 28 Aadhaar Seva Kendras across Tamil Nadu by March 2026. The judge hoped that the proposal would fructify and each District Capital will have a centre.

Alteration of the information in the Aadhaar Card is a statutory function discharged by the authority. Every Aadhaar number-holder has the fundamental right to obtain the services set out in the Aadhaar regime. Once it is concluded that the statutory right set out in Section 31 of the Act would partake the character of a fundamental right, it becomes the duty of the authority to put in place the requisite infrastructure and make available all facilities so that the right can be easily exercised. Duty to carry out the alteration in the Aadhaar Card carries with it the obligation to engage in capacity building so that every Aadhaar card holder has an easy access to the services provided by the authority, the court said. It directed that the alterations be carried out in the petitioner’s Aadhaar Card, and the pension account be transferred in favour of the petitioner.