If you are stuck in such a situation, here is what to do.

Mr. Alok Verma, a resident of Jayanagar, found himself in a difficult position. Due to a clerical error years ago, his date of birth was incorrectly recorded on his Aadhaar card. He managed to get it corrected once, but he later discovered that the corrected date was also wrong. Now, when he tries to update it for the second time, his requests are repeatedly rejected by the Unique Data Authority of India (UDAI). This has created significant hurdles for him, including the rejection of a business loan application from ‘Apex Financial Services’ and complications in updating his employment records. Mr. Verma’s attempts at the local Aadhaar Facilitation Centre, even with a legitimate birth certificate, have been fruitless, leaving him frustrated and seeking a legal path forward.

Advice in such cases

When facing repeated rejections for a crucial data correction in a document like Aadhaar, a systematic approach is necessary. The UDAI has a strict policy regarding second-time updates, especially for the date of birth, to prevent misuse. Here is what you should do:

• Gather all supporting documents that validate your correct date of birth. This includes your original birth certificate, school leaving certificates (SSLC/HSC), passport, and any other government-issued ID.
• File a formal grievance on the UDAI’s official web portal, clearly explaining the situation and attaching scanned copies of all your documents.
• If the online grievance is not resolved, escalate the matter by sending a detailed written representation via registered post to the regional head office of the UDAI.
• 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 of 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
• As a final resort, you may need to file a writ petition before the High Court to seek a judicial order directing the UDAI to make the necessary correction.

Applicable Sections of Law

This issue is primarily governed by administrative law and the specific statutes related to Aadhaar. However, other laws can also become relevant.

• The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016: This is the primary legislation governing Aadhaar. The Act empowers the UDAI to specify the procedure for updating demographic information. The policies and circulars issued by UDAI under this Act dictate the rules for DOB changes.
• The Constitution of India: Article 21 (Right to Life and Personal Liberty) can be invoked, as an incorrect identity document can severely hamper a person’s ability to access essential services, employment, and benefits, thereby affecting their right to a dignified life.
• Bharatiya Nyaya Sanhita, 2023 (BNS): While this is an administrative matter, if the authorities suspect that the change is being requested to commit fraud or create a false identity, they could potentially initiate an inquiry. Sections like Section 203 of the BNS (Furnishing false information) could theoretically be invoked by authorities in cases of suspected fraudulent intent.

If you are the complainant

If you are the one seeking the correction, you are essentially the complainant against an administrative inaction or incorrect rejection.

• Document everything. Keep a file of all rejection slips, emails, reference numbers from the UDAI portal, and copies of postal receipts.
• Your written representation should be polite, factual, and chronological. Explain the history of the errors and the reasons for the required correction.
• Clearly state the prejudice and hardship you are facing due to the incorrect data. Attach evidence, such as the loan rejection letter.
• 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 of 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

If you are the victim

As the victim of an administrative error, your goal is to have your official record corrected so you can live without hindrance.

• Your primary evidence is your most authentic proof of date of birth, which is typically a birth certificate issued by a municipal authority shortly after birth.
• Do not give up after the first few rejections. The system is designed to be stringent for second-time changes, and persistence is key.
• Follow the hierarchy of grievance redressal within UDAI before approaching a court. This shows that you have exhausted all available administrative remedies.
• 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 of 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

How the police behave in such cases

The police have no direct role in Aadhaar data correction. This is a civil and administrative matter between the individual and the UDAI. Police will not entertain a complaint regarding a rejection of a DOB update request. Their involvement would only begin if the UDAI or another government agency files a formal complaint alleging a criminal act, such as forgery of documents submitted for the update or an attempt to create a fraudulent identity. In such a rare scenario, the police would conduct an investigation as per the procedures laid down in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

FAQs people normally have

What evidence is required?

For a date of birth correction, especially a second-time request, you need to provide strong, unimpeachable evidence. The most powerful document is a Birth Certificate issued by the Registrar of Births & Deaths. Other highly valued documents include:

• SSLC Book/Certificate (Matriculation Certificate)
• Passport
• Certificate of Date of Birth issued by a Group ‘A’ Gazetted Officer on their letterhead
• A declaration made before a judicial magistrate after verifying the date from other records

It is crucial that the name and other details on the supporting document perfectly match the details on your Aadhaar card.

How long will the investigation take?

The administrative process within UDAI can be lengthy. After you file a grievance or send a representation, it may take anywhere from 30 to 90 days to receive a definitive response. If the matter proceeds to the High Court via a writ petition, the timeline can extend significantly. It could take several months to over a year to get a final order from the court, depending on the complexity of the case and the court’s workload.

Advocate Sudhir Rao, Supreme Court of India