The Unique Identification Authority of India (UIDAI) enforces strict privacy rules around Aadhaar data to safeguard people’s personal information. Normally, the police aren’t allowed access to Aadhaar’s demographic or biometric details, like fingerprints or iris scans. According to the Aadhaar Act, some data can be shared if a High Court judge orders it, but core biometric information is completely off-limits and cannot be shared under any circumstances.
However, challenges arise when unidentified bodies are found, as fingerprint data from Aadhaar could be valuable in helping to identify them. This issue creates a conflict between protecting people’s privacy and the need to treat deceased individuals with dignity by confirming their identities. Indian courts have consistently upheld that bodies should be handled respectfully, and have even addressed issues like the inhumane treatment of prisoner bodies after execution and the respectful repatriation of deceased migrant workers.
Unidentified bodies in India are often those of economically disadvantaged people, like daily labourers, migrants, or those with few family connections. Because of this, they often go unreported, making identification difficult. They might be homeless, transient, or lack ID documents when involved in accidents.
Some may even be victims of crimes, abandoned in remote places. When an unidentified body is discovered, police document any unique features like tattoos or scars, collect evidence, analyze CCTV footage, and compare fingerprints with records of known criminals. However because these databases are often limited to criminal records, the process can be slow and unreliable, especially in states where records haven’t been digitized.
Fingerprints can be especially useful for identification, as they remain intact even if a body is decomposed. Experts can retrieve fingerprints by treating the fingertip skin with a chemical solution. However, the police only have access to a limited set of fingerprints, mainly those associated with criminal cases. In comparison, countries like the U.S. provide broader access to identification databases, making it easier for law enforcement to identify unknown bodies.
If Indian police could access Aadhaar fingerprint data, it would significantly aid in identifying unknown individuals, allowing for proper last rites and aiding investigations, especially in cases of murder. However, current laws prohibit any access to biometric data from Aadhaar, even when it could solve such cases.
There is a strong argument for allowing Aadhaar access in specific situations, like identifying deceased individuals. This would involve careful safeguards, such as requiring a filed police report to justify access. Instead of a High Court judge’s order, a local magistrate’s approval could be sufficient, reducing the load on higher courts. Such an approach would balance privacy concerns with the need to show dignity to the deceased.
Ensuring that deceased individuals are identified is not only practical for law enforcement but is also a constitutional responsibility, particularly for marginalized communities that often face barriers to justice. This supports the right to life with dignity, which should be respected for all individuals, even after death.
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