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

Mr. Rohan Mehra, a resident of the city of Amodhgarh, found himself in a difficult administrative tangle. He had initially applied to correct the date of birth on his Aadhaar card, which was erroneously recorded. Unfortunately, after the first update, the year of birth was still incorrect. Realizing the gravity of having an official document with wrong information, Mr. Mehra took the initiative to email the Unique Identification Authority of India (UIDAI) with all his valid proof of birth. He also lodged a formal grievance on the central public grievance portal. Now, he is at a crossroads, uncertain about the correct legal and procedural steps to ensure his date of birth is finally rectified.

Advice in such cases

When dealing with errors in crucial government-issued documents like an Aadhaar card, a systematic approach is essential. These documents are the foundation of your identity for various services, and inaccuracies can lead to significant problems.

• Document Everything: Keep a meticulous record of all communications. This includes copies of emails sent, grievance portal receipts with reference numbers, and any responses received.
• Understand the Process: Familiarize yourself with the specific rules for the correction you are seeking. For Aadhaar, UIDAI has clear guidelines, including a specific “exception process” for second-time date of birth updates.
• Follow Up Persistently: Administrative processes can be slow. Regular and polite follow-ups on your grievance application are necessary to keep the matter active in the system.
• **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.

Applicable Sections of Law

The entire framework for Aadhaar is governed by the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. The procedures for updating demographic information are detailed in the Aadhaar (Enrolment and Update) Regulations, 2016.

• Regulation 10 of the Aadhaar (Enrolment and Update) Regulations, 2016, outlines the process for updating demographic information.
• UIDAI’s Standard Operating Procedure (SOP): UIDAI has a specific policy regarding Date of Birth (DOB) updates. As a rule, a DOB can be updated only once. A second update is considered an “exceptional case” and requires a more rigorous process, often involving a visit to a designated Aadhaar Seva Kendra and subsequent approval from a UIDAI Regional Office.

If you are the complainant

If you are the one seeking correction, like Mr. Mehra, you are the complainant against an administrative error. Your goal is to have the responsible authority, UIDAI, rectify the mistake.

• Gather Your Documents: Ensure you have a valid Date of Birth proof as specified by UIDAI (preferably a Birth Certificate). Make multiple copies.
• Follow the Exception Process: Since this is a second-time update, you must follow the exception handling process. This typically involves booking an appointment and visiting an Aadhaar Seva Kendra. Clearly state that this is a second update request.
• Escalate the Grievance: If your grievance lodged on the portal does not receive a satisfactory response within the stipulated time (usually 30 days), you can escalate it to the next level within the same portal.
• **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.
• Legal Notice: If all administrative remedies fail, your lawyer can issue a formal Legal Notice to the concerned UIDAI Regional Office, detailing the issue and demanding a resolution.
• Writ Petition: As a last resort, you can file a Writ Petition before the High Court having jurisdiction, seeking a direction (mandamus) to UIDAI to correct your data.

If you are the victim

As a victim of administrative oversight, you have the right to get the error corrected. The burden of an incorrect identity document is significant, and the law provides a path for redressal.

• Assert Your Right: You have a right to have your correct information reflected in official documents. Approach the process with this confidence.
• Be Prepared for Scrutiny: A second-time update request is treated with higher scrutiny to prevent misuse. Be prepared to provide clear and valid documentation and explain why the first update was incorrect.
• Visit the Regional Office: After applying at the Aadhaar Seva Kendra, you may be required to visit the UIDAI Regional Office to present your case in person. Go prepared with all original documents.
• **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 role in the correction of clerical or administrative errors in an Aadhaar card. This is purely an administrative matter to be handled by UIDAI. The police would only get involved if there are allegations of forgery, impersonation, or creating a fake Aadhaar card, which would constitute offences under the Aadhaar Act, 2016, and the Bharatiya Nyaya Sanhita (BNS). For a simple correction request, you do not need to approach the police, and they will not intervene.

FAQs people normally have

Here are some frequently asked questions in such situations:

• Why is a second DOB update so difficult?
  To maintain the integrity and reliability of the Aadhaar database, UIDAI restricts updates to critical fields like name, gender, and date of birth. The one-time update rule for DOB is to prevent fraudulent changes.
• What is the “Exception Handling Process”?
  It is a special procedure for updates that fall outside the standard rules. For a second DOB update, you must first visit an Aadhaar Seva Kendra to place the request. The request is then flagged for exception handling and sent to the respective UIDAI Regional Office for verification and approval.
• Can I file a complaint if my request is rejected?
  Yes. If your request is rejected even after following the exception process, you can file a grievance with UIDAI through their official portal or helpline. If that fails, legal options like sending a legal notice or filing a court case can be pursued.

What evidence is required?

For a Date of Birth update, especially a second-time request, strong and unambiguous proof is required. The primary document accepted is:

• Birth Certificate: A Birth Certificate issued by the Registrar of Births & Deaths is the most reliable document.

If a Birth Certificate is unavailable, other documents may be considered by UIDAI, though they carry less weight:

• SSLC Book/Certificate or any other school/education board certificate containing the DOB.
• Passport.
• A certificate on a UIDAI standard format signed by a Group ‘A’ Gazetted Officer.

How long will the investigation take?

The term “investigation” here refers to the administrative verification process by UIDAI, not a criminal investigation. The timeline can vary:

• Standard Update: A standard first-time update usually takes 5-30 days.
• Exception Handling: A second-time update request that goes through the exception handling process can take longer. After you submit the request at the Aadhaar Seva Kendra, it may take anywhere from 30 to 90 days, as it requires manual verification and approval from the Regional Office. Following up on your grievance or application reference number is key to tracking its progress.

Advocate Sudhir Rao, Supreme Court of India