Photo mandatory on NID cards, verdicts HC
The court dismisses a rule seeking an alternative NID system for people unwilling to provide photographs.
The High Court has ruled that a national identity card (NID) cannot be issued using only biometric information without a photograph.
A bench of Justice Md Iqbal Kabir and Justice SM Saiful Islam delivered the ruling today (9 September), rejecting a rule that had sought an alternative system for issuing NIDs without photographs.
As a result, the existing requirement to include a photograph on NIDs will remain in force.
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Advocates Sheikh Omar Sharif and Elias Ali Mondal represented the petitioner, while Advocate Kamal Hossain Miazi appeared for the Election Commission.
Confirming the ruling, Kamal Hossain Miazi told reporters that the court had dismissed the rule and, consequently, NIDs cannot be issued without photographs.
Petition filed over religious concerns
The writ petition was filed in 2022 by Sumaiya Ahmad Muna, a resident of Shajahanpur's Shantibagh area in Dhaka, who told the court that she observes hijab in accordance with Islamic religious practices.
Her husband, Muhammad Arifur Rahman, was authorised to represent her in the case.
On 10 February 2022, Muna applied to the Election Commission seeking an alternative method of obtaining an NID without having her photograph taken.
In her application, she described herself as an adult Muslim woman who regularly follows Islamic religious practices and therefore avoids having photographs taken.
She said the lack of an NID had prevented her from accessing various services and benefits and sought an alternative biometric-based identification system.
After receiving no decision on her application, she moved the High Court.
On 6 March 2022, the court issued a rule asking why the authorities should not be directed to take steps to issue NIDs through an alternative identification system using biometric features without photographs.
The court dismissed that rule today.
Govt had opposed alternative NID system
During the earlier hearing, the state had opposed the petition, arguing that the demand for an NID without a photograph was inconsistent with the Constitution and existing identification requirements.
The state had also argued that photographs are required for various official and financial services, and that biometric identification itself requires access to certain physical features.
The court's ruling means the existing photograph-based NID system will remain unchanged.
