Introduction:

The Punjab and Haryana High Court recently found itself entangled in a case that goes beyond a habeas corpus plea. In the matter of X v State of Haryana & Ors., the court is addressing the issuance of two Aadhar Cards with different dates of birth for an individual allegedly detained due to opposition from her family regarding her same-sex relationship.

Arguments:

The petitioner, partner of the alleged detainee, raised concerns about conflicting dates of birth—June 15, 2004 (claiming the detainee to be a major), August 25, 2007 (certified by the school), and June 15, 2007 (on another Aadhar Card presented by the parents, indicating the detainee as a minor). The court noted the potential societal impact of duplicity in Aadhar Cards and contemplated an Ossification Test to determine the detainee’s actual age. The petitioner asserted that the police, when approached earlier, had allegedly mishandled their desire to live together, leading to the detainee being taken forcefully by her family.

Court’s Judgement:

Acknowledging the complexity and sensitivity of the issue, the court directed UIDAI, Ministry of Electronics and IT, and regional authorities to furnish details on both Aadhar Cards, including dates of issuance and supporting material for recorded dates of birth. It also ordered the Commissioner of Police to produce the alleged detainee in court. The court emphasized the need to determine the detainee’s age before examining allegations of forced marriage or harm. It clarified that if found to be a minor, the petition’s maintainability under Habeas Corpus would be scrutinized based on the petitioner’s legal standing.