One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
Mr. X approached me with a frustrating situation regarding his Aadhaar card. He had been trying to correct his name on the Aadhaar for several months. His first application was rejected citing insufficient documents, despite submitting valid birth certificate. The second attempt was rejected for “unclear documents” even though he provided high-resolution scans. Mr. X was concerned whether these failed attempts would count towards the two-time name change limit allowed by UIDAI. He feared that continued rejections might exhaust his permitted attempts without achieving the desired correction. The rejections appeared arbitrary, and he needed legal intervention to understand his rights and obtain proper name correction.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Maintain detailed records of all rejection notices and reasons provided. Challenge arbitrary rejections through UIDAI grievance portal first. If rejected without valid reason, file RTI application to understand internal processing guidelines. Consider approaching Aadhaar Appellate Tribunal if administrative remedies fail.
Applicable Sections of Law
This case involves provisions under the Aadhaar Act, 2016. Section 28 deals with correction of errors in demographic information. Section 32 provides grievance redressal mechanisms. Under BNS, Section 318 covers cheating by personation if identity documents are misused. BNSS Section 173 governs investigation procedures if criminal elements are involved. The Information Technology Act, 2000 also applies regarding digital identity verification processes.
If You Are the Complainant
- File detailed complaint with UIDAI mentioning specific rejection reasons and providing comprehensive supporting documents
- Escalate through proper grievance channels maintaining timeline records
- Submit RTI application seeking clarity on document requirements and processing standards
- Approach consumer forums if service deficiency is established
- Seek legal remedy through High Court if constitutional rights are violated
If You Are the Victim
- Document all rejection notices with specific reasons provided by UIDAI officials
- Gather stronger supporting documents including affidavits from family members
- Approach Aadhaar enrollment centers for in-person assistance and clarification
- File complaint with local Member of Parliament or MLA for intervention
- Contact UIDAI helpline multiple times and record conversation details for evidence
How the Police Behave in Such Cases
Police generally do not get directly involved in Aadhaar correction issues unless fraud is suspected. They may investigate if someone files complaint alleging identity theft or document forgery. Police might verify supporting documents if requested by UIDAI. They typically advise approaching administrative remedies first before considering criminal aspects of identity document manipulation.
FAQs People Normally Have
Q: Do failed correction attempts count towards the two-time limit? A: Only successful name changes count towards the limit, not rejected applications.
Q: What documents are required for name correction? A: Birth certificate, passport, voter ID, or gazette notification depending on the type of correction needed.
Q: How long does the correction process take? A: Typically 15-30 days if documents are in order, but rejections can extend the timeline significantly.
Q: Can I approach court directly? A: Administrative remedies should be exhausted first before judicial intervention.
What Evidence Is Required?
- Original birth certificate or school leaving certificate showing correct name
- Passport copy if available with the desired name spelling
- Voter ID card or driving license supporting the name correction
- Gazette notification if name was legally changed through court order
- Marriage certificate for post-marriage name changes
- Affidavit on stamp paper explaining the name discrepancy
- Previous Aadhaar rejection notices with specific reasons mentioned
How Long Will the Investigation Take?
UIDAI processing typically takes 15-30 working days for name corrections. However, if applications are repeatedly rejected, the timeline extends significantly. Grievance redressal through official channels may take additional 30-45 days. Legal proceedings through Aadhaar Appellate Tribunal or High Court can extend the process to 6-12 months depending on case complexity and court schedules.
Advocate Sudhir Rao, Supreme Court of India