Now it would not be right to consider Aadhaar card as just an identity card or a document for getting a new SIM. Calcutta High Court has said in an important decision that Aadhaar card is not the final proof of residence or occupation of a property, but prima facie it can be considered as proof of a person’s residence at that place. On this basis, the court banned the action of removing people and demolishing houses without notice. After this decision, the usefulness of Aadhaar card has once again come into discussion. Let us understand what the Aadhar card is used for.
What did the High Court say about Aadhar Card?
The Division Bench of the Calcutta High Court made an important comment while banning the demolition and eviction campaign being carried out by Syama Prasad Mukherjee Port in the Garden Reach area. The court said that Aadhaar card is not the final proof of ownership of a property or permanent residence, but prima facie it is enough to prove that the person concerned is living at that place. The court accepted that in such a situation, people should get legal protection under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.
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6 important points of news
1. What did the court say?
Aadhaar card does not prove ownership of the property, but prima facie it can be considered as proof of living there.
2. No action will be taken without notice
If documents like Aadhaar are present then first notice, hearing and legal process will be necessary.
3. Identity and address
Aadhaar is one of the most accepted documents of identity and address across the country.
4. Key to government schemes
The benefits of LPG subsidy, pension, scholarship and other DBT schemes are available in the account linked to Aadhaar.
5. Banking and Tax
Aadhaar is necessary for works like bank account, demat, e-KYC, PAN linking and ITR.
6. Everyday digital needs
Aadhaar is used in new SIM, DigiLocker, e-sign and many digital services.
No one can be removed without notice
The case was of Brook Lane area of Garden Reach, Kolkata, where 52 people claimed that they were living there for a long time. He presented documents like Aadhar card, voter ID and gas connection bill in the court. The High Court said that such documents are sufficient to show at the initial level that the person is living there. Therefore, the administration will first give notice, give people a chance to present their side and conduct a hearing. Only after this can an eviction order be given. Demolition without this process is against the law.
From identity to proof of address, Aadhaar is most important.
Aadhaar card is one of the most used identity documents in India today. It is accepted as both identity card and address proof. Aadhaar is used in many government and non-government works like opening a new bank account, getting a new mobile SIM, getting a passport, driving license and voter ID. For this reason, it has become one of the most important documents for the common people and it is demanded in almost every important process. Apart from this, Aadhar card can also be used as ID proof from airport to train.
Most important among government schemes and banking services
The biggest use of Aadhar card is to avail benefits of government schemes. The amount of LPG subsidy, pension, scholarship and other schemes is sent to the bank accounts linked to Aadhaar through Direct Benefit Transfer. Apart from this, Aadhaar is also used in opening bank account, opening demat account and completing e-KYC. Through Aadhaar enabled payment system, facilities like withdrawing, depositing and transferring money are also available with the help of only Aadhaar number and biometrics.
Also necessary in tax, PAN and digital services
Aadhar card also plays an important role in many works related to income tax. It is required in the process of linking PAN card with Aadhaar and filing income tax returns. A new PAN can also be created quickly through e-KYC of Aadhaar. Apart from this, Aadhaar is used for paperless verification in getting a new mobile connection. Aadhaar authentication is also considered necessary for services like keeping important documents safe in DigiLocker and signing digital documents through e-sign.
Why is the High Court’s decision important?
Calcutta High Court made it clear in its decision that Aadhaar card does not prove ownership of any property, but it cannot be completely ignored. The court said that on receiving prima facie proof of existence, the person concerned will get full right to notice, hearing and present his side under the law. The court also made it clear that if it is necessary to demolish a building for security reasons, then a separate procedure will have to be followed under the concerned municipal law. Therefore, this decision is being considered to clarify both the utility of Aadhaar card and the legal rights of the citizens.
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