By Anuradha Gandhi and Rachita Thakur
Introduction
The Ministry of External Affairs has introduced Passport (Amendment) Rules, 2025 (hereinafter referred to the “Rules”) as via gazette notification dated February 24, 2025. These Rules provide for submission of documents to confirm the Date of Birth of the residents of India[1].
What does the Rules say?
The Rules mandates Birth certificate issued by the Registrar of Births and Deaths or the Municipal Corporation or any other authority, authorized under the Registration of Births and Deaths Act, 1969 will be accepted as proof of date of birth for individuals born on or after October 1, 2023.
However, the Rules does not apply to people who are born prior to October 1, 2023. These people, in addition to Birth Certificate, may provide the following documents confirming their date of birth:
- Transfer certificate, school leaving certificate or matriculation certificate issued by a recognized educational institution or board;
- Permanent Account Number Card issued by the Income-tax Department;
- A certified copy of the applicant’s service record (for government employees) or Pay Pension Order (for retired government employees), attested by the administrative officer of the relevant Ministry or Department;
- Driving License;
- Voter-Id Card; and
- Policy bond issued by the Life Insurance Corporations of India or Public Companies
Prior to the amendment all applicants of passports were required to submit any one of the above-mentioned documents as the proof of Date of Birth while submitting the passport application irrespective of any particular date, including Aadhaar card or e-Aadhaar[2].
Abiding to the principles of Data Privacy
However, now the Rules have excluded the usage of Aadhaar card or e-Aadhaar for the purpose of verification of date of birth. The exclusion of Aadhaar as proof of Date of Birth aligns with the principle of data minimization and purpose limitation, as Aadhaar collects extensive personal and sensitive personal information, including biometric data such as fingerprints and iris scans, along with demographic information like names, addresses and phone numbers. By removing Aadhaar from the list of accepted documents, the Rules ensure that only necessary data, specific to verifying Date of Birth is collected, reducing the risk of excessive data processing and misuse. This step reinforces privacy protection by limiting the exposure of sensitive information beyond what is required for passport issuance.
Rishabh Gupta , Junior Associate Advocate at S.S. Rana & Co. has assisted in the research of this article.
[1]https://www.passportindia.gov.in/AppOnlineProject/pdf/Gazette_Notification_DoB.pdf
[2]Passport (Amendment) Rules, 2016, available at: https://www.mea.gov.in/press-releases.htm?dtl/27874/Announcement+of+new+Passport+Rules