If you are stuck in such a situation, here is what to do.

Mr. Alok Verma, an Indian citizen residing in a foreign country, was excited about a new government initiative, the “Global Gateway Program,” designed to offer expedited immigration clearance for frequent travelers. The program promised to save time and streamline the entry process into India. However, during the online application, he encountered a significant hurdle. The program mandated the submission of biometric data, specifically fingerprints of all ten fingers, at a designated center.

Mr. Verma has a permanent physical disability affecting his hands, which makes it impossible for him to provide a complete set of fingerprints as required. Believing there must be an alternative provision for individuals with disabilities, he wrote to the concerned government department. To his dismay, he received a generic response stating that the biometric requirement was a mandatory security protocol and no exemptions could be made. This left him unable to access a beneficial program solely due to his disability.

Advice in such cases

Facing a situation where a mandatory procedural requirement, like biometrics, excludes you from a government benefit due to a disability can be disheartening. However, Indian law provides robust protections for the rights of persons with disabilities.

• Document Everything: Keep meticulous records of all communications. This includes your application, the rejection or response from the government department, and any medical certificates detailing your disability.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Send a Formal Representation or Legal Notice: Your lawyer can draft a formal representation or a legal notice to the head of the concerned government department. This notice will state the facts of the case, cite the relevant laws protecting the rights of persons with disabilities, and demand “reasonable accommodation,” such as accepting alternative biometrics (like an iris scan) or providing a manual override.
• File a Writ Petition: If the department fails to respond favorably to the legal notice, the next step is to file a writ petition before the appropriate High Court or the Supreme Court of India. The petition would seek a directive from the court to the government department to provide a reasonable alternative and grant you access to the program.

Applicable Sections of Law

This issue is primarily governed by constitutional law and specific legislation for persons with disabilities, rather than criminal codes like the Bharatiya Nyaya Sanhita (BNS).

• The Constitution of India: Article 14 guarantees the right to equality, ensuring that the state cannot deny any person equality before the law. Denying a benefit due to a disability without providing an alternative can be seen as a violation of this right. Article 21, the right to life and personal liberty, has been interpreted to include the right to live with dignity, which is hampered by such discriminatory exclusion.
• The Rights of Persons with Disabilities Act, 2016 (RPwD Act): This is the key legislation. Section 3 of the Act explicitly prohibits discrimination against persons with disabilities. It mandates that the government must take measures to ensure that persons with disabilities enjoy their rights equally with others. The concept of “reasonable accommodation” is central, requiring authorities to make necessary adjustments to ensure non-discrimination.

If you are the complainant

If you are the one seeking to challenge the discriminatory rule, your approach should be systematic.

• Compile Your Case File: Gather all necessary documents, including your identity proof, proof of eligibility for the scheme (apart from the biometric issue), comprehensive medical documentation of your disability, the application form, and the rejection letter.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Formal Communication: Allow your lawyer to send a well-drafted legal notice. This official communication often prompts government departments to reconsider their stance to avoid litigation.
• Patience and Persistence: Bureaucratic processes can be slow. Be prepared for a process that may involve follow-ups and potentially court action. Trust your lawyer’s strategy.

If you are the victim

As a victim of such discrimination, it is important to empower yourself with knowledge and take decisive action.

• Know Your Rights: Understand that you are not asking for a favor but demanding your right. The RPwD Act, 2016, is a powerful tool that is on your side. The law requires the government to be inclusive, not to create barriers.
• Seek Reasonable Accommodation: The core of your argument is the demand for “reasonable accommodation.” This could mean using other biometric identifiers like facial recognition or iris scans, or having a designated official manually verify your identity.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

This is a civil and administrative matter, not a criminal one. Therefore, the police have no role to play in this situation. Approaching a police station will not yield any results, as they do not have the authority to direct a government department to change its administrative procedures. The appropriate recourse is through direct communication with the department, followed by legal action in a High Court or the Supreme Court if necessary.

FAQs people normally have

• Can a government department legally have a mandatory rule that excludes persons with disabilities?
  No. While they can have standard procedures, they are legally obligated under the RPwD Act, 2016, to provide reasonable accommodation for persons with disabilities. A blanket rule with no exceptions is discriminatory and can be challenged in court.
• Is filing a court case the only option?
  Not necessarily. Often, a strongly worded legal notice from an advocate can resolve the issue. Government departments are aware of their obligations under the law and may prefer to make an exception or amend their process rather than face litigation and a potential adverse court order.
• What does “reasonable accommodation” mean in this context?
  It means making necessary and appropriate modifications that do not impose a disproportionate or undue burden on the authority. In the case of biometric verification, suggesting alternatives like an iris scan, facial recognition, or even manual verification by a senior officer are all forms of reasonable accommodation.

What evidence is required?

To build a strong case, you will need the following evidence:

• Proof of your identity and citizenship (e.g., passport).
• A detailed medical certificate from a certified medical practitioner clearly stating the nature of your disability and why it prevents you from providing the required biometric data.
• A copy of your application for the government program.
• The written rejection or response from the government department citing the mandatory biometric rule.
• A copy of the legal notice sent by your lawyer and any subsequent correspondence.

How long will the investigation take?

This is not a criminal investigation. The timeline for resolution depends on the path taken. A response to a legal notice may come within 15 to 30 days. If a writ petition is filed in court, the process can take longer. However, courts are often sensitive to such issues and may grant interim relief quickly, directing the government to provisionally accept your application while the main case is being heard. The entire court process could take several months to over a year, depending on the court’s schedule and the complexity of the case.

Advocate Sudhir Rao, Supreme Court of India