In 2019, the National Crime Records Bureau (NCRB) issued a public Request for Proposal (RFP) to establish a nationwide Automated Facial Recognition System (AFRS). A legal notice issued to the NCRB, seeking recall and cancellation of this RFP, was responded to in some sense. The RFP was recalled, but not cancelled; it was simply replaced in June last year with a revised RFP. One of the most disconcerting aspects of both RFPs has been the arbitrariness with which this action is being pursued. As of date, Indian law is devoid of any comprehensive legislation that authorises, regulates, and determines the evidentiary value of automated facial recognition technologies (AFRTs) within our domestic law enforcement processes and the larger criminal justice system. Add to this the fact that in terms of evidence-based decision-making, the espousal of AFRT is arguably driven by a technocratic belief in better, more efficient systems. However, there are no objective measures as to how such efficiency is evaluated, nor what the tradeoff is in terms of rights and liberties, and due process norms. It is also pertinent to mention that AFRTs are not only being pursued at the national level but are, in fact, already deployed by several state police forces in some form or are in the process of acquiring it.
Facial recognition in law enforcement is the litmus test for India’s commitment to “Responsible AI for All” (Ameen Jauhar, ORF)
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