HC rejects NID without photo, veil not excuse
Graphics: Agamir Somoy
High Court dismissed a rule regarding steps to prepare a National Identity Card (NID) using biometric features without a photograph on Wednesday.
Justice Md Iqbal Kabir and Justice SM Saiful Islam passed the order that NIDs must be created with a photograph.
Sheikh Omar Sharif and Elias Ali Mondal represented the writ petition in court, while Kamal Hossain Miyazi appeared on behalf of the Election Commission (EC).
Miyazi said an obligation rests upon the EC to issue NIDs, and that cards must be issued with a photograph. Since the EC legally cannot issue NID without a photograph, there is no scope for granting the writ petition according to the claim of the writ petitioner.
Claiming that she observes the veil according to Islamic Shariah, Sumaiya Ahmad Muna, a resident of Dhaka’s Shantibagh, filed the writ petition in 2022 seeking steps to create a national identity card using biometric features without a photograph. In the writ petition, authorization was given to her husband Muhammad Arifur Rahman.
On 10 February 2022, Muna submitted an application to the EC. In the application, she said she is an adult and Muslim woman who regularly observes the rules and commands of Islam. For that reason, she abstains from taking any kind of photograph, resulting in her not having an NID.
However, lacking a card deprived her of various facilities and benefits. Therefore, she sought necessary measures to obtain NIDs through an alternative arrangement without a photograph. As her application remained undisposed of, she filed a writ petition with the High Court.
Following a hearing on the writ petition, the court issued a rule on 6 March 2022. In the rule, the High Court sought to know why directions should not be given to take necessary steps to prepare a national identity card (NID) using alternative identification, specifically biometric features, without a photograph.
High Court dismissed it and argued that the application itself was unconstitutional. Even when traveling to perform Hajj, a photograph must be taken, and opening a bank account also requires a photograph.
The state questioned what would happen if someone else took her money due to the absence of a photograph. Performing biometrics requires scanning the iris of the eyes, which would necessitate lifting the veil anyway.
