Observing that genuine residents cannot be left in “administrative limbo” due to defective biometric records, the Bombay High Court recently issued slew of directions and guidelines for Unique Identification Authority of India (UIDAI) while granting relief to twin brothers facing Aadhaar updation issues.

The HC in its May 6 verdict raised concerns about increasing number of cases filed by genuine citizens before constitutional courts due to biometric issues and technical irregularities in Aadhaar records

“Such situations result in unnecessary hardship, denial of access to essential services and avoidable litigation,” it added.

The twin brothers, aged 19 years, had approached the HC seeking the court direct UIDAI and its regional officer to immediately update biometric details in Aadhaar cards or issue fresh ones to them without any further delay.

Advocate Harshada Shirsath representing the twins told Justices Ravindra V Ghuge and Hiten S Venegavkar they received Aadhaar cards in 2012 as minors after submitting documents and biometrics and they needed to mandatorily update biometrics upon attaining the relevant age. The brothers approached authorities in 2022 and submitted details, however, updated cards were not issued to them.

Then they contacted the UIDAI helpline, which rejected their request citing biometric mismatch, and grievances on the UIDAI portal led to its Regional Office advice to cancel existing Aadhaar numbers and enrol afresh, after which the petitioners submitted consent forms. But in May 2022, Aadhaar officials informed them about a new circular revoking the earlier cancellation process. They were asked to update existing Aadhaar numbers, which yielded no result.

Shirsath said student petitioners need Aadhaar for admissions, insurance, and verification and their provisional admissions risked cancellation

Justice Venegavkar, who authored the judgement, observed that the statutory scheme under the Aadhaar Act, 2016 “does not support an indefinite administrative limbo” and “an eligible resident cannot be left remediless merely because an earlier biometric record is defective.”

The court directed the brothers to approach UIDAI within 15 days with fresh Aadhaar applications and authorities to decide them with reasons within four weeks as per law.

The HC, through a slew of directions, stated that the Aadhaar authority shall inform citizens approaching with grievances in writing or through official electronic communication about the precise status of the Aadhaar record and the legally permissible remedial procedure available.