'Aadhaar' numbers could lead to discrimination: NHRC
http://www.indianexpress.com/news/aadhaar-numbers-could-lead-to-discrimination-nhrc/848267/0

The National Human Rights Commission (NHRC) is of the opinion that the
government's move to provide citizens with 'Aadhaar' or unique
identification numbers in its present form could lead to
discrimination.
The NHRC's remarks came in response to views from it sought by the
Parliamentary Standing Committee on Finance headed by Yashwant Sinha
on National Identification Authority of India Bill introduced last
December.

The Bill seeks to establish National Identification Authority of India
for issuing 'Aadhaar' numbers to Indian residents to facilitate access
to benefits and services.

The Commission was of the view that in the proposed provisions in the
Bill, the "possibility of discrimination cannot be ruled out" as the
Bill provides that every resident shall be entitled to obtain an
Aadhaar number, but does not say that it would be issued to all
citizens.

Emphasising the need for adequate safeguards against discrimination,
the Commission noted that the issuance of an Aadhaar number has not
been made compulsory under the Bill and residents who do not obtain
one may find themselves at a disadvantage vis-a-vis those who do.

"Since the Aadhaar number is to be used and applied 'for delivery of
various benefits and services', 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 Aadhaar number," the NHRC
said.

The Commission also expressed similar concerns raised by a section of
activists that the stored bio-metric information could be tampered
with. "The possibility of tampering with stored biometric information
cannot be ruled out, though the Bill sets out the precautions
envisaged," it said.

The NHRC noted that the "biometric information" and "demographic
information" have not been clearly defined and while framing the
regulations under the Act, precautions should be taken to ensure that
individuals are not required to disclose confidential information
about themselves.

Noting that the Bill does contain provision for punishment and
penalties for those who violate the protection of information clauses,
the NHRC pointed out the need to include provisions for compensation
to the victim.

The Commission was also of the view that the verification of the
details provided by an applicant should be done before the number is
issued.

The rights body said it appeared that the process of verification of
the correctness of the information or data furnished by the individual
will be done from the person concerned after issuing an Aadhaar
number.

The NHRC also did not agree with issuance of guidelines to courts for
exercising its discretion on use of information related to Aadhaar
numbers.

"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," it said.

The NHRC also recommended that the Authority should take into
consideration the difficulties and problems which women, children,
senior citizens and persons with disability are likely to face in
registering or verifying their biometrics.

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