If an individual is unable to produce the Aadhaar number or card or is unwilling to obtain Aadhaar registration, then he would have to prove his identity as a resident from other recognised documents like pan card, voter card, passport and so on to the satisfaction of the authorities. In that event, non-possession of an Aadhaar number or card would not be a disqualification, the court added
By Our Reporter
SHILLONG, July 21: The High Court of Meghalaya on Monday said that Aadhaar card cannot be considered to be the sole document for identification purpose for accessing government benefits, and issued an interim order directing the administration to accept alternative IDs from individuals who are unable or unwilling to produce Aadhaar number.
A division bench of Chief Justice Indra Prasanna Mukerji and Justice Wanlura Diengdoh said if an individual is unable to produce the Aadhaar number or card or is unwilling to obtain Aadhaar registration, then he would have to prove his identity as a resident from other recognised documents like pan card, voter card, passport and so on to the satisfaction of the state authorities.
In that event, non-possession of an Aadhaar number or card would not be a disqualification, the court added.
The court was hearing a PIL where the petitioner (Greneth M Sangma), relying on two Supreme Court judgments, contended that under Section 7 of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016, the state government issued a notification dated 31st October, 2023, insisting that a child, willing to avail of the benefit of fees compensation for post-matric scholarship for SC/ST students or financial assistance to SC/ST students of the state who are not eligible for any scholarship, had to possess an Aadhaar identification number.
The petitioner argued that the state government could not insist on this requirement under the law as laid down in those judgments.
The court clarified that non-possession of an Aadhaar number would not be a disqualification for availing benefits under schemes such as the Fee Compensation for Post Matric Scholarship for SC/ST students (Free Studentship) and financial assistance for SC/ST students not eligible for other scholarships.
The bench clarified that while the state may request Aadhaar for “speedy identification”, it must also accept other valid documents.
“The whole issue has to be gone into in detail at the hearing of this PIL, on considering the said Act, the rules and regulations framed thereunder and the aforesaid judgments of the Supreme Court read with other judgments related to the subject,” the court said.
The PIL will be heard again on August 12, 2025.
