Aadhaar biometric data access will aid forensics
- Science and Technology- Developments
- Aadhaar Data Privacy Regulations:
- UIDAI's Role: The Unique Identification Authority of India (UIDAI) enforces strict regulations to protect individuals' privacy by limiting access to Aadhaar data.
- Aadhaar Act Provisions:
- Section 33(1): Allows disclosure of certain information under a court order from a judge at least of a High Court level.
- Section 29(1): Prohibits the sharing of biometric data (fingerprints and iris scans) under any circumstances except as permitted by law. This ensures biometric information is kept confidential and secure.
- Investigative Challenges with Unidentified Bodies:
- Unidentified Bodies: Many unidentified bodies belong to marginalized individuals, including migrant workers, homeless people, and those in informal sectors. These individuals often have no identification documents or family to report them missing, making it difficult to identify them.
- Current Investigation Practices:
- Police typically examine physical features (tattoos, scars) and check against missing persons' reports.
- Fingerprints are collected, but the police databases are often limited to individuals with known criminal records, and many states still have non-digitized records.
- This limits the effectiveness of identifying unknown individuals through fingerprints alone.
- Benefits of Using Aadhaar Data for Identification
- Fingerprint Matching: In some cases, such as severely decomposed bodies, fingerprints remain a reliable method for identification. Access to Aadhaar's vast biometric database could significantly aid in identifying deceased individuals, particularly when no other leads are available.
- Current Gaps: The fingerprint databases available to law enforcement agencies are often limited, and cross-referencing data can be slow and inefficient, especially without a central, digitized repository of all citizens' fingerprints.
- Comparisons with International Practices:
- Deceased Persons Identification (DPI) in the U.S.: In the U.S., law enforcement agencies have access to extensive databases, including those maintained by the Departments of Homeland Security and Defense, to match deceased persons’ fingerprints. This advanced system helps identify unknown bodies more efficiently.
- India’s Need for a Similar System: Access to Aadhaar biometric data could serve a similar function in India, particularly in cases where traditional investigative methods fail.
- Privacy vs. Right to Life with Dignity
- Balancing Rights: The dilemma arises between protecting the right to privacy (as mandated by Aadhaar Act) and ensuring the right to life with dignity, which includes identifying deceased individuals and providing closure to their families.
- Need for a Legal Framework Change: While Aadhaar Act protects privacy, certain cases, especially where a deceased person’s identity needs to be determined for humane reasons, may warrant an exception.
- Proponents suggest that if a First Information Report (FIR) has been filed regarding the unidentified body, a judicial order from a lower court (Magistrate level) could allow access to biometric data without requiring a High Court order.
- Constitutional Imperative and Justice:
- Right to Life and Dignity: Identifying the deceased is not just a practical necessity for law enforcement but a constitutional duty. This duty extends beyond mere survival to ensuring the dignity of individuals, particularly those from marginalized backgrounds.
- Challenges for Marginalized Individuals: Many of those who are unidentifiable are economically disadvantaged and lack family connections or support systems. They often have limited access to the criminal justice system, making identification even more crucial.
- Proposed Solution:
- Limited Access with Judicial Safeguards: A carefully defined mechanism where police can access Aadhaar biometric data (specifically for deceased individuals) based on a FIR, with judicial oversight, could help solve the dilemma.
- Protection and Dignity: This system would balance both privacy rights and the need for humane treatment of unidentified deceased individuals, ensuring that both the living and the deceased are treated with dignity.
- Conclusion:
- While UIDAI’s privacy regulations are vital to protecting individual rights, there is a compelling case for re-evaluating these restrictions in specific contexts, such as identifying deceased persons.
- With the right safeguards, allowing limited access to biometric data in certain investigative scenarios could enhance public safety, provide closure to grieving families, and ensure justice for the deceased.