Aadhaar Act Section 28(5) with non-obstante clause prevails over RTI Act, prohibiting disclosure of confidential enrolment/update documents from CIDR, even to parent of minor, to protect privacy and child's welfare.

ORDER

1. The Appellant filed an RTI application dated 04.12.2022 seeking information on the following points:

Under the given background of facts, I seek following information in my capacity to reaffirm information available with me:

1. Have you received any letter/ Certificate of Address issued on UIDAI standard certificate format for enrolment/ update from any elected representative certifying address of my minor daughter Pranaya Bharti and whether it has been stated in the said letter/ Certificate that I am also residing with my daughter at the new altered address of my daughter in her Aadhar Card?

If yes, then please provide name and details of the elected representative who has issued letter/ certificate and also provide a copy of such letter/ Certificate of Address issued on UIDAI standard certificate format for enrolment/ update.

2. Whether Mrs. Brahmita Monga has submitted a "SELF- DECLARATION FROM THE HEAD OF FAMILY (HOF) FOR SHARING ADDRESS WITH A RELATIVE RESIDING AT THE SAME ADDRESS" as proof of relationship documents containing name of applicant and name of Head of family as per the format prescribed in Aadhaar Regulations "LIST OF ACCEPTABLE SUPPORTING DOCUMENTS FOR VERIFICATION".

3. Whether the above SELF-DECLARATION has been signed by Mrs. Brahmita Monga? If yes, then please provide a copy of the self-declaration signed by Mrs. Brahmita Monga.

4. Who is the person responsible by post in UIDAI to make the changes in Aadhar in this case? Please provide name with designation of authorized person of UIDAI in this regard.

2. The CPIO replied vide letter dated 19.12.2022 and the same is reproduced as under:-

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 13.01.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 06.02.2023 upheld the reply given by the CPIO.

4. Aggrieved with the FAA’s order, the Appellant approached the Commission with the instant Second Appeal dated 11.04.2023.

Hearing proceedings (12.01.2026)

5. The instant matter was earlier listed before this Commission on 20.09.2023 wherein both the parties were heard at length, and the matter was adjourned due to paucity of time. The matter was again listed on 26.09.2023 wherein the Appellant submitted that his advocate was well versed with the case and due to some medical issues, he could not appear before the Commission and accordingly. The matter was thus adjourned with the below- mentioned observations:

“..5.2 The respondent while defending their case reiterated their stand and denied the information under section 28(5) of Aadhar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016. They further submitted that they were bound not only by the RTI Act but also by the rules and regulations of Aadhaar (Targeted Delivery of Financial and other subsidies, Benefits and service) Act, 2016.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that the appellant sought information regarding changes made in the Aadhar card of his minor daughter Kumari Pranaya Bharti. The appellant submitted that his advocate was well versed with the case and due to some medical issues he did not appear before the Commission. Therefore, the appellant requested for adjournment and the respondent raised no objection. Accordingly, in the interest of justice, the matter is adjourned…” Facts emerging in Course of Hearing: (12.01.2026)

Appellant: Not present Respondent: Shri Sonu Kumar Kothari, Director, Regional Office, UIDAI, Chandigarh- participated in the hearing