Aadhaar Cards Cannot Be Used As Evidence To Determine The Age Of A Minor Rape Survivor - MP HC

In a recent verdict, the Jabalpur bench of the Madhya Pradesh High Court ruled that the Aadhaar Card cannot be used as evidence to determine the age of a minor who is a survivor of rape. Justice Vivek Agarwal, who presided over the single-judge bench, stated that the Juvenile Justice (Care and Protection of Children) Act provides the procedure for determining the age of a minor rape survivor. The Act suggests using a birth certificate or school leaving certificate as proof of age. If those documents are not available, an ossification test can be used to determine the individual's age, according to the bench.

Justice Agarwal was hearing a case where a plea was made to revise a special court's decision not to accept an Aadhaar card as proof of age on April 8, 2023. The appellant cited a Delhi High Court judgment in Jabbar vs State, which recognized Aadhaar as a superior document in determining age. 

However, the bench referred to the Supreme Court's ruling in Jarnail Singh vs the State of Haryana, which stated that the rules set forth in the JJ Act cannot be overridden simply because a particular document is issued by the government. 

Additionally, the bench noted that Aadhaar is not issued by the Government of India but by an independent agency, the Unique Identification Authority of India (UIDAI). 

Justice Agarwal ultimately rejected the revision petition, stating that the age of the rape survivor must be determined in accordance with the JJ Act and that an Aadhaar card is not valid proof of age.