The Indian government has implemented the Aadhaar project for targeted deliveries of benefits and services to individuals. There is no age limit defined for Aadhaar enrollment. Even a newborn baby can get enrolled for Aadhaar. An Aadhaar number for children is widely used for school admission, scholarship schemes, bank accounts, etc.
However, it is not compulsory to produce the Aadhaar number of any individual other than during the delivery of government benefits-services funded by Consolidated Fund of India or State, as per India’s Apex Court’s Verdict in the Justice Puttaswamy (Retd) and Anr Vs. Union of India and Ors.
The Process To Enrol Aadhaar Number Of Children
For children below 5 years, no biometrics will be captured while enrolling for the Aadhaar number. Their UID will be processed on the basis of demographic information and facial photograph linked with the UID of their parents. These children will need to update their biometrics of ten fingers, iris and facial photographs when they turn 5 and 15.
Intimation to this effect will be mentioned in the original Aadhaar letter.
For children below 5 years, either the mother or the father (or legal guardian) has to authenticate for the child and give consent for the enrollment by signing the enrollment form. The same process is followed for children between 5–18 years. Please note, the consent is taken from the parent/guardian for enrolling the children.
However, while enrolling for an Aadhaar card for children above 5 years old, the biometric data (10 Fingerprints, Live Face Photo, Both eyes Iris Scan) are collected. Further, the process demands updating the demographic data-biometrics when children reach their 15 years threshold.
Mandatory Linking Of Aadhaar To PAN
Section 139AA of the Income Tax Act, 1961 inserted in 2017 makes it compulsory to link Aadhaar number with every PAN number except for individuals who are residents of Jammu & Kashmir, Meghalaya, Assam, non-residents and non-citizen of India (as per the Income Tax Act, 1961) and 80 years or more at any time during the previous year.
PAN card will be inoperative and invalid if the Aadhaar number is not linked before the specified deadline (as of now, the deadline is 31/03/2022).
Financial Transactions In Which PAN Of Child Is Mandatory
Children who have income in some special circumstances like a child artist, taxable income from ancestral properties, etc., are required to obtain and quote the PAN. As a PAN card is a permanent number that will not be changed throughout the lifetime of the holder, the child’s PAN card number will remain the same irrespective of name/address change.
PAN of minor children is mandatory to quote in following:
- In the event the minor is to be made a nominee on property, shares or any financial product, the minor will require a PAN card.
- If an investment is to be made in the name of the minor, the minor’s PAN card details will have to be furnished at that time.
- Making an application for issue of a student credit card, the opening of a minor Demat account with a depository, participant, custodian of securities or any other person with SEBI, any investment made or selling of investment with value more than ₹50,000 like share, debenture, bond, insurance policy, SIP, Mutual Fund Investment.
- Sale or purchase of goods or services of any nature other than those specified above for an amount exceeding ₹2 lakh per transaction.
The Main Concern In Aadhaar Enrollment Process
Consent means, “permission for something to happen, or an agreement to do something. The Aadhaar Act, 2016 and The Aadhaar Regulations say that anyone enrolling for an Aadhaar number or an Aadhaar-holder whose data is being used for any reason (like updation, authentication, link), the requesting-entity must obtain consent from that person.
Aadhaar enrollment or Aadhaar-related services like updation, authentication, link, etc., cannot be performed without proper consent from the individual.
How can a child give their consent to perform this service. Can a kid take proper and legitimate decisions in their childhood? NO. Children cannot take proper decisions, thus they cannot give consent.
Now, the question is, how can a child with an Aadhaar give their consent to use Aadhaar data for such activities? A parent or the legal custodian cannot have the right to give consent on behalf of that kid, there are several possibilities to misuse.
Section 11 of The Indian Contract Act, 1872 does not permit children below the majority age (18 years as per section 3 of The Indian Majority Act, 1875) to execute any contract or agreement or to give their consent to execute any agreement or contract.
The consent from children below 12 years of age is not valid consent as per section 90 of The Indian Penal Code, 1860. Section 11 of the Indian Contract Act, 1872 and Section 45ZA of the Banking Regulation Act, 1949 provides that consent of the child shall not be regarded as valid consent.
Now if the government says that the linking of Aadhaar-PAN is mandatory even for children, how can children be able to give their consent to link or use Aadhaar data for the linking process? It is an abuse of child rights.
As per laws, when a child is not competent to contract; not in a position to consent; barred from transferring property; prohibited from taking employment; and, as a consequence, not in a position to negotiate their rights, thrusting compulsory requirement of holding Aadhaar would be an inviable inroad into their fundamental rights under Article 21.
If a child has a PAN number, they have to give consent to use Aadhaar data for PAN verification. Acts like Section 11 of the Indian Contract Act, 1872, Section 45ZA of the Banking Regulation Act, 1949, Section 39 of the Insurance Act, 1938, Section 90 of the Indian Penal do not permit a child below 12 years of age to give consent.
The Constitution affirms acting in the best interest of the children and confers the responsibility on the State to not only safeguard the best interests of children but also act in furtherance of it. Therefore, we are of the opinion that the State is constitutionally bound to facilitate and enable the children to assert their rights and act in their best interest and this has to be done without having any mandatory directives to it.
The onus of overseeing and lawfully safeguarding the rights and immunities, to which children are entitled, rests on the State and the authorities under it.
The entire Aadhaar project is violating child rights, so it must be struck down or the biometric collection should be optional. Any Aadhaar enrolling person should not be forced to give their biometric data either for enrollment, verification, updation, authentication or anywhere.