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After the Meghalaya High Court’s decision in Registrar General, High Court v. State of Meghalaya, now, the Punjab and Haryana High Court has questioned the validity of Aadhaar Card as proof of identity.

The court was hearing a petition filed by a couple who had run away from Haryana's Jind district.

In the petition filed under Article 226/227 of the Constitution of India, the petitioners sought directions to provide protection to the life and liberty from the the father of petitioner, on account of their marriage which took place on 04.10.2019 as per Sikh rites and ceremonies at Sri Nirankari Darbar, Sector 21, Chandigarh.

The petitioners contended that neither are the petitioners in any prohibited relationship to each other, nor has any of them been married earlier. The marriage certificate and photographs of the marriage were also produced by them seeking prayed for reliefs.

Justice Anmol Ratan, ordered the police to determine the validity of the marriage and stated that,

"There is no firm proof of age of either of the petitioners other than their Aadhar Cards, which is actually not a firm proof of age, if any of the petitioners are found to be below the marriageable age in terms of the provisions of the Prohibition of Child Marriage Act, 2006, this order shall not be construed to be a bar on any proceedings initiated under that Act, the offences committed under that Act being cognizable in terms of Section 15 thereof.”

The Meghalaya High Court had ordered the state not to insist on production of Aadhar Card as only ID proof for covid vaccination, other recognized options available. In the present case Justice Anmol has stated that since there’s no proper documentary review to get Adhaar Registration, hence it can not be valid age proof.

The Supreme Court in 2019 had upheld upheld the country’s biometric identity system and also cleared mandatory Aadhaar enrolment of recipients of government welfare benefits. Justice D Y Chandrachud had the only descanting view. 

Case Title: Navdeep Singh and another  v/s State of Punjab and others

Copy of Judgment