NHRC's views on the NIAI Bill, 2010
In response to a request from the Parliamentary Standing Committee on Finance which had sought its views on the National Identification Authority of India Bill, 2010, the Commission sent it the following comments:
o In the existing provisions of the Bill, the possibility of discrimination cannot be ruled out. Section 3(i) provides that every resident shall be entitled to obtain an Aadhar number, but does not say that it would be issued to all citizens. Since the Aadhar number is to be used and applied "for delivery of various benefits and services" [Section 23(2)(h)], a citizen who does not have one may be denied access to these, while a resident, who may not be a citizen, would have access if he had obtained an Aadhar number;
o The issuance of an Aadhar number has not been made compulsory under the Bill and residents who do not obtain one may find themselves at a disadvantage vis-à-vis those who do. Adequate safeguards against such discrimination might be considered;
o Since the Aadhar number shall be accepted as proof of identify subject to authentication [Section 4(3)], the provision for the payment of a fee for authentication [Section 5] may be harsh to the weaker sections of society enumerated in Section 10;
o The terms "biometric information" and "demographic information" have not been clearly defined in Clause 2(e) and Clause 2(h). While framing the Regulations under the Act, precautions should be taken to ensure individuals are not required to disclose confidential information about themselves under these two provisions;
o The need for "protection of information" is recognized in Chapter VI and VII of the Bill. While punishment and penalties are prescribed for wrongdoers in Chapter VII, no provision has been made for relief/compensation to the wronged person;
o Clause 10 of the Bill provides that the Authority shall take special measures to issue Aadhar numbers to women, children, senior citizens and persons with disability. While taking such special measures, the Authority should take into consideration the difficulties and problems which members of these groups are likely to face in registering or verifying their biometrics;
o Authentication, as defined in clause 2(C) of the Bill, means the process of verification of the correctness of the information or data furnished by the individual, but it appears that this will be done on an enquiry from the individual concerned after issuing an Aadhar number. It would be preferable to do the verification before issuing an Aadhar number;
o The possibility of tampering with stored biometric information cannot be ruled out, though the Bill sets out the precautions envisaged;
o The courts follow judicial principles in issuing directions and it would not be advisable to lay down guidelines for the exercise of their discretion. However, guidelines may be laid down in the Regulations for officers who may issue directions for the disclosure of information in the interest of national security;
o The powers and functions of the Authority enumerated in Section 23(2) would entail so heavy a workload that part-time Members, as provided for in Section 12, may not be able to cope.
o In the existing provisions of the Bill, the possibility of discrimination cannot be ruled out. Section 3(i) provides that every resident shall be entitled to obtain an Aadhar number, but does not say that it would be issued to all citizens. Since the Aadhar number is to be used and applied "for delivery of various benefits and services" [Section 23(2)(h)], a citizen who does not have one may be denied access to these, while a resident, who may not be a citizen, would have access if he had obtained an Aadhar number;
o The issuance of an Aadhar number has not been made compulsory under the Bill and residents who do not obtain one may find themselves at a disadvantage vis-à-vis those who do. Adequate safeguards against such discrimination might be considered;
o Since the Aadhar number shall be accepted as proof of identify subject to authentication [Section 4(3)], the provision for the payment of a fee for authentication [Section 5] may be harsh to the weaker sections of society enumerated in Section 10;
o The terms "biometric information" and "demographic information" have not been clearly defined in Clause 2(e) and Clause 2(h). While framing the Regulations under the Act, precautions should be taken to ensure individuals are not required to disclose confidential information about themselves under these two provisions;
o The need for "protection of information" is recognized in Chapter VI and VII of the Bill. While punishment and penalties are prescribed for wrongdoers in Chapter VII, no provision has been made for relief/compensation to the wronged person;
o Clause 10 of the Bill provides that the Authority shall take special measures to issue Aadhar numbers to women, children, senior citizens and persons with disability. While taking such special measures, the Authority should take into consideration the difficulties and problems which members of these groups are likely to face in registering or verifying their biometrics;
o Authentication, as defined in clause 2(C) of the Bill, means the process of verification of the correctness of the information or data furnished by the individual, but it appears that this will be done on an enquiry from the individual concerned after issuing an Aadhar number. It would be preferable to do the verification before issuing an Aadhar number;
o The possibility of tampering with stored biometric information cannot be ruled out, though the Bill sets out the precautions envisaged;
o The courts follow judicial principles in issuing directions and it would not be advisable to lay down guidelines for the exercise of their discretion. However, guidelines may be laid down in the Regulations for officers who may issue directions for the disclosure of information in the interest of national security;
o The powers and functions of the Authority enumerated in Section 23(2) would entail so heavy a workload that part-time Members, as provided for in Section 12, may not be able to cope.