A/HRC/45/10/Add.2 access to shelter as they did not have an Aadhar number.37 A report on the ‘State of Aadhar’, released by a social impact advisory group, Dalberg, in 2019, surveying 147,868 households in 28 states and union territories, found that 30 per cent of homeless residents did not have the Aadhar number.38 54. In addition to citizenship documents, the Aadhar system is linked to biometric data of individuals, which is identified as a barrier for certain marginalized groups. In 2019, 27 per cent of transgender persons chose not to have a number due to the need to reveal their gender identity and fear of repercussions should this information be shared during administrative practices.39 Their exclusion from the Aadhar system risks facing an additional barrier for transgender persons to access water and sanitation. 55. The increased number of undocumented populations and the Aadhar system result in exacerbated vulnerabilities. To take a concrete and recent example, the Special Rapporteur learned that, in April 2020, the Government produced an advisory for the state governments: “Advisory for ensuring safe drinking water during lockdown and effective management of pandemic caused by Corona Virus”, which requires that safe potable water be made available to all “citizens”. The language used in the advisory could lead to discrimination against nonnationals and stateless persons during the coronavirus crisis, putting them at greater risk of illness.40 The COVID-19 pandemic impacts both nationals and non-nationals irrespective of their legal status and, therefore, even if citizens have safe and adequate access to water to handwashing to prevent contamination, they are still at risk of contagious if non-nationals living in the same space do not have the same level of protection. PROGRESS NOT STARTED: The Special Rapporteur looks forward to concrete measures from the Government on reconciling the use of the Aadhar system with the realization of the human rights to water and sanitation of all persons in India. He also reiterates his recommendation that the Government identifies and addresses patterns of discrimination in the access to water and sanitation against non-nationals and undocumented populations. C. Recommendation on water quality 1. Recommendation on water quality monitoring RECOMMENDATION 15: “Identify the persisting problems related to drinking water quality and assess the effectiveness of the measures implemented to monitor and respond to water contamination” (A/HRC/39/55/Add.1, para. 71(o)) 56. Regular monitoring of groundwater in India is undertaken by the Central Ground Water Board of the ministry responsible for water resources and by the Water Quality Assessment Authority. Despite advances in testing under the National Rural Drinking Water Programme, the Special Rapporteur noted that the quality of drinking water remained a matter of concern (A/HRC/39/55/Add.1, paras. 40 and 41). 57. In relation to identifying problems related to drinking water quality and monitoring, the audit undertaken by the Comptroller and Auditor General of India in 2018 introduced several relevant aspects. The audit found that data in the IMIS of the Clean India Mission lacked consistency and accuracy due to insufficient authentication and validation controls, and that there was a need for a functioning expert monitoring of this data.41 Furthermore, drinking water quality was assessed by the Central Ground Water Board in 2019, finding that 37 38 39 40 41 14 Smyth, S., Biometrics, Surveillance and the Law: Societies of restricted access, discipline and control, (Routledge, 2019), 121. Dalberg, State of Aadhar: A People’s Perspective (2019), v. Ibid. Submission from the International Commission of Jurists. Comptroller and Auditor General of India, Report No.15 of 2018 - Performance Audit on National Rural Drinking Water Programme in Ministry of Drinking Water and Sanitation (2018), 6.