Aadhaar card can be issued to sex workers based on UIDAI proforma certificate

Budhadev Karmaskar Vs State of West (Supreme Court of India)

Facts- It is brought to the notice of this Court that Aadhar Cards are not being issued to sex workers as they were unable to produce proof of their residence. We had issued notice to UIDAI and sought its suggestions in respect of waiving the requirement of proof of residence for the sex workers, to enable them to get an identity by the issuance of Aadhar cards. In the affidavit filed by the UIDAI, it was proposed that sex workers who are on NACO’s list and who apply for Aadhar card but cannot submit proof of residence, can be issued Aadhar Cards provided a ‘proforma certificate’ is submitted by a Gazetted Officer at NACO or the State Health Department certifying the particulars of the applicant.

Accordingly, the organizations representing sex workers have made the suggestions for the procedure to be followed by UIDAI.

Conclusion- UIDAI has examined the suggestions and accepted that the procedure as proposed, can be followed. Accordingly, Aadhar Cards shall be issued to sex workers on the basis of a proforma certificate which is issued by UIDAI and submitted by the Gazetted Officer at NACO or the Project Director of the State Aids Control Society, along with Aadhar enrolment form/application. There shall be no breach of confidentiality in the process, including assignment of any code in the Aadhar enrolment numbers that identify the card holder as a sex worker.

FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER

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