KATHMANDU, Feb 2: The Supreme Court (SC) ordered the government to make legal arrangements to safeguard individual data on national identity cards. The order aimed to prevent misuse of personal and biometric data, promoting better governance and service delivery reforms.
In its ruling on a case related to the national identity card, the full bench of Chief Justice Prakash Man Singh Raut and Justices Abdul Aziz Musalman and Nripa Dhwoj Niraula instructed the government to secure citizens' details and create the necessary laws. The SC stated, "To guarantee the protection of information with electronic records, the government must implement more reliable legal, policy, structural, and managerial arrangements."
The SC publicly released the full text of its ruling from January 19 on Friday. Advocate Ram Bahadur Raut had filed a writ petition asking the apex court to annul the national identity card, which the Constitution does not recognize. The SC dismissed the petition. Following this dismissal, the government received support to proceed with its work.
The SC also directed the government to improve the effectiveness of informing citizens about the process of obtaining the national identity card. It instructed, "Reach the points near citizens' residences, collect and distribute personal and biometric details based on Nepali citizenship as soon as possible." The top court further directed, "End the inconvenience, discomfort, and difficulties caused by the lack of a national identity card in delivering public services."
The court has instructed agencies responsible for providing public services to establish sufficient stations or units to collect and distribute details for the national identity card. It also cautioned against unauthorized use or misuse of information, emphasizing that agencies should scientifically record the national identity card details to prevent such issues.
The apex court has further directed agencies to conduct security audits of systems that use the national identity card number to provide services. It also called for the development of necessary policies, legal, and structural arrangements to ensure the protection and confidentiality of individuals' electronic details.
The government is currently implementing the national identity card, making policy decisions, preparing the structure, and investing financially in the process. The SC stated, "Since the national identity card will serve as an important basis for the smooth delivery of services by public institutions, it cannot replace the citizenship certificate, which is linked to nationality."
The government must ensure that citizens can easily obtain the national identity card. The SC emphasized that Nepali citizens should not be deprived of services and facilities provided by the government or public institutions simply due to the lack of a national identity card.
Children, individuals unable to take care of themselves, the disabled, helpless individuals, and senior citizens over the age of 90 will not face any obstacles in accessing services like social security, even without a national identity card. The National Registration Department is collecting details for the national identity card through its respective offices. The government began collecting citizens' details and distributing the national identity card in 2018.
So far, 16.1 million citizens have received their national identity numbers.
The government is collecting identity card details from 653 units across the country. The Supreme Court commented that the coverage is insufficient in proportion to the total population, based on the number of national identity card numbers distributed. The government cannot issue a national identity card without a citizenship certificate. The electronic chip in the national identity card is expected to store the citizenship number as part of the record.
The Ministry of Home Affairs issued a notice on June 24, 2024, to implement the constitutional guidelines and the National Identity Card and Registration Act, 2019. The SC received a writ petition against that notice. In its written response, the Ministry of Home Affairs stated that the notice could not be annulled as long as the provisions of the Act remain in force.
The government has mandated that citizens provide their national identity card number for most services, including opening a bank account, social security benefits, pensions, and passports.
However, a large number of Nepali citizens have not yet received their national identity cards. The SC ruled that it could not dismiss the claim in the writ petition, which highlighted the difficulties citizens face in accessing services like social security benefits due to the lack of a national identity card, despite holding a certificate of Nepali citizenship.