No scope for issuing NIDs without photos, High Court rejects rule

The High Court has rejected a rule seeking to allow national identity cards (NIDs) to be issued without photographs, using alternative biometric features instead.

The court’s decision means there is no scope for obtaining an NID without a photograph under the existing system, lawyers said.

A High Court bench comprising Justice Md Iqbal Kabir and Justice SM Saiful Islam delivered the judgment on Wednesday.

Lawyer Sheikh Omar Sharif and lawyer Elias Ali Mondol appeared for the writ petitioner, while lawyer Kamal Hossain Miazi represented the Election Commission (EC).

Confirming the judgment, EC lawyer Kamal Hossain Miazi said, “The court has rejected the rule. As a result, there is no scope for obtaining a national identity card through an alternative method without a photograph. NIDs will have to be obtained with photographs as before.”

According to the case details, Sumaiya Ahmad Muna, a resident of Shahjahanpur in Dhaka, filed the writ petition in 2022, saying she observed purdah in accordance with Islamic Shariah. Her husband, Muhammad Arifur Rahman, was authorised to represent her in the writ petition.

On February 10, 2022, Sumaiya submitted an application to the Election Commission, saying she was a Muslim woman who observed purdah and regularly followed religious practices.

She said she refrained from having photographs taken for religious reasons and, as a result, did not have a national identity card. She also said the absence of an NID was depriving her of various civic services and benefits.

She sought an NID through an alternative method, such as an iris scan or other biometric features, without providing a photograph.

After receiving no response from the Election Commission, she filed the writ petition with the High Court.

Following the initial hearing, the High Court issued a rule on March 6, 2022, asking why directions should not be issued to prepare an NID using an alternative biometric method without a photograph.

After a lengthy legal process, the court rejected the rule on Wednesday.

During the hearing, the state argued that issuing NIDs without photographs would be contrary to the Constitution and the existing procedure.

It said photographs are mandatory for accessing various civic services, including banking and performing Hajj.

The state also argued that using an iris scan for biometric verification would require the person to remove the veil, making the proposed alternative impractical.