Linking Aadhaar to mobile and bank accounts is illegal. Here is what you can do if you are forced
Mobile linkage
 
Various telecom companies are citing TRAI and DOT notifications to force you to link Aadhaar to your mobile else face disconnection. While it is not amusing that the government believes that a SIM issued in someone’s name is used by the same person and terrorists and criminals do KYC with their own documents or Aadhaar, here are just three ways that requiring an Aadhaar to obtain a SIM endangers India:
 
1. It enables terrorists, criminals and anti-national forces to obtain multiple SIMs through eKYC, claims of eKYC, or submitting Aadhaar cards of other persons and use them in turn to open bank accounts for money laundering and financing anti-national activities.
 
2. It facilitates obtaining all documents like passport, and drivers licenses by using the new SIM and the Aadhaar. It, therefore, destroys our ability to distinguish a citizen from an illegal immigrant. It is therefore like the disease AIDS for the country.
 
3. The SIM treated as a proof of identity of the user allows infiltration of the country, even its defence services, with terrorists and anti-nationals causing a national security threat.
 
Here are just three ways that requiring an Aadhaar to obtain a SIM endangers you:
 
1. Because Aadhaar and one time passcode (OTP) are treated as “second factor authentication”, SIMs issued with your Aadhaar will be the single point for fraudsters to hack your identity, commit crime and rob you of your property, dignity, liberty, equality and access to justice. 
 
2. Bank accounts opened using your Aadhaar and SIM, as well as property transactions, registration of contracts will no longer be in your control or with your knowledge and traceability. Because the use of “your” SIM in these instances will leave little deniability, if you are accused of these acts, it will destroy your right to justice.
 
3. The SIMs issued using your Aadhaar allow anyone in possession of such SIMs to impersonate you in both your private and public life. Not only will you have no way to know of such misuse, but you even have no ability to prove and control the misuse.
 
Bank linkage
 
Most banks have gone on an overdrive of threatening to freeze existing bank accounts unless customers to link Aadhaar. They are also refusing to open new bank accounts without Aadhaar, citing GSR 538(E), the amendment to the Prevention of Money-laundering (Maintenance of Records) Rules, 2005 under the Prevention of Money-laundering Act, 2002 (15 of 2003) (PMLA), on June 1st 2017.
 
It is not amusing either that the government believes that Aadhaar identifies anyone at all, provides proof of the persons authorisation or consent to opening bank accounts or even to do bank transactions. Here are just three ways that linking an Aadhaar number to a bank account or carrying out bank transactions destroys India’s financial systems:
 
1. When pressured to link Aadhaar to bank accounts, the Reserve Bank of India (RBI) had maintained that the use of the Aadhaar number was in conflict with the Prevention of Money Laundering Act (PMLA), the Basel Standards for maintaining customer information and its own extant guidelines. The RBI also highlighted that at best the Aadhaar is a third party identification and such third party identification is not used in banking practices anywhere in the world. It had also highlighted that the use of eKYC destroys customer acquisition information and customer records. As such, Aadhaar enables millions of shell bank accounts to be opened.
 
2. Bank accounts opened with Aadhaar can be created and operated remotely and therefore create a framework for money laundering at a scale that is impossible with pre-Aadhaar KYC. In five years post Aadhaar KYC, bank accounts in India have doubled from 44 crore to 88 crore and deposits have also doubled from Rs66 lakh crore to Rs122 lakh crore suggesting shell accounts with black money being parked in them.
 
3. Aadhaar-enabled Payment Systems (AEPS) transfer money from Aadhaar to Aadhaar number and not bank accounts. Such money transfers do not leave money trail and therefore facilitate money laundering in ways that was not possible with National Electronics Funds Transfer System (NEFT) or Real Time Gross Settlement (RTGS).
 
Here are just three ways that linking Aadhaar to your bank accounts endangers you:
 
1. Your bank account becomes Aadhaar enabled allowing AEPS to transfer money into or from your account as soon as you link it to Aadhaar. This means all money transfers through the AEPS to or from your bank account will be un-traceable and therefore, also irreversible.
 
2. Money transfers to your account can now be hijacked by a “phishing” account that links itself to your Aadhaar number to receive money meant for you. Such money transfers may become impossible to track and reverse, as they do not leave any money trail.
 
3. Crime committed using duplicate accounts opened with your Aadhaar number will point to you, not the fraudster. This will also leave you defenseless and deprive you of recourse to justice.
 
What can you do?
 
Neither the Aadhaar linkage to mobiles nor the linkage to bank accounts is legal. In fact, it even violates the orders of the Supreme Court and is counter to the Rule of Law. The coercion to link Aadhaar to mobile phones started because of the Telecom Regulatory Authority of India (TRAI) and the Department of Telecom (DoT) colluded to ignore the Court’s orders, the rule of law, and existing legislation to produce notifications that mislead, misquote and cause coercion.
 
The coercion to link bank accounts started because the Department of Revenue, under the Ministry of Finance issued an illegal notification ignoring the law, Court orders and the rule of law.

Government notifications forcing you to link Aadhaar to mobiles, bank accounts and other services are illegal, contempt of the orders of the Supreme Court and a disrespect of the rule of law. You can send letters to the authorities that you too can reuse and demand they respect orders of the Supreme Court of India, the Rule of Law and protect national interests as well as yourself.

Here are Open Letters to TRAI Chairman and Secretary Revenue to end illegal Aadhaar Coercion. The first to the Chairman of TRAI and the second to the Secretary, Dept of Revenue, asking them to end the illegalities, restore respect of the Supreme Court and respect the Rule of Law. You too can endorse them and spread them by mailing/emailing them, or sharing them on social media till the respective government offices respect the orders of the Supreme Court. Together, let us restore the Rule of Law, the protection of our national security, financial integrity and respect for national interests.
 
(Dr Anupam Saraph is a renowned expert in governance of complex systems and advises governments and businesses across the world. He can be reached @anupamsaraph)
 
***********************************************************************************
 
October 2nd 2017 
 
Chairman,
Telecom Regulatory Authority of India 
Mahanagar Doorsanchar Bhawan (next to Zakir Hussain College) 
Jawaharlal Nehru Marg (Old Minto Road) 
New Delhi: 110 002
[email protected] @rssharma3 @trai 
 
Dear Mr RS Sharma,
 
Subject: Contempt of Rule of Law and the orders of the Supreme Court of India
 
Mr. Sanjeev Banzal, Advisor(NSL) recommended, vide No 102-2/2015-NSL-II dated January 20th 2017, to the Secretary, Department of Telecommunications to use Aadhaar based eKYC to re-verify existing mobile subscribers. 
 
Mr. Prashant Verma, ADG (AS-II) of Ministry of Communications, Department of Telecommunications (Access Services Cell) has been instructing all unified licensees, unified access service licensees and cellular mobile service licensees vide File No. 800-26/2016-AS.II dated 23.03.2017 to re-verify all existing mobile subscribers through Aadhaar based eKYC process. Mr. Verma uses the documentation by the order of two member bench of the Supreme Court in WP(C) 607/2016 dated 06.02.2017 of the position brought to its notice as a direction of the court. He also asks the licensees to destroy old customer acquisition forms after an Aadhaar “verification”.
 
Mr Sanjay Kapur had filed an IA on behalf of the TRAI (IA 22, 23 of 2015) on Oct 3rd 2015 with the prayer to modify its order of 11.08.2015 in WP 494 of 2012 to permit biometric eKYC for paperless activation of telephone connections/SIM cards as an alternative process to the existing process of verification of telecom subscribers, till the disposal of the present writ petition. Kindly note the following:
 
1. A five member bench headed by the then Chief Justice of India in its order dated Oct 15th 2015, turned down your prayer to allow linkage of Aadhaar numbers with SIM activation. The court reiterated all its previous orders. In particular we draw your attention that the court  stated that:
 
1. “After hearing the learned Attorney General for India and other learned senior counsels, we are of the view that in paragraph 3 of the Order dated 11.08.2015, if we add, apart from the other two Schemes, namely, P.D.S. Scheme and the L.P.G. Distribution Scheme, the Schemes like The Mahatma Gandhi National Rural Employement Guarantee Scheme (MGNREGS), National Social Assistance Programme (Old Age Pensions, Widow Pensions, Disability Pensions) Prime Minister's Jan Dhan Yojana (PMJDY) and Employees' Provident Fund Organisation (EPFO) for the present, it would not dilute earlier order passed by this Court. Therefore, we now include the aforesaid Schemes apart from the other two Schemes that this Court has permitted in its earlier order dated 11.08.2015” 
 
2. “We impress upon the Union of India that it shall strictly follow all the earlier orders passed by this Court commencing from 23.09.2013
 
3. “We will also make it clear that the Aadhaar card Scheme is purely voluntary and it cannot be made mandatory till the matter is finally decided by this Court one way or the other”
 
2. The three member bench of the Court had noted earlier in its order of August 11, 2015 that: “The learned Attorney General had stated that the respondent Union of India would ensure that Aadhaar cards would only be issued on a consensual basis after informing the public at large about the fact that the preparation of Aadhaar card involving the parting of biometric information of the individual, which shall however not be used for any purpose other than a social benefit schemes.”. It had therefore ordered that 
 
1. “The Unique Identification Number or the Aadhaar card will not be used by the respondents for any purpose other than the PDS Scheme and in particular for the purpose of distribution of foodgrains, etc. and cooking fuel, such as kerosene. The Aadhaar card may also be used for the purpose of the LPG Distribution Scheme;
 
2. “The information about an individual obtained by the Unique Identification Authority of India while issuing an Aadhaar card shall not be used for any other purpose, save as above, except as may be directed by a Court for the purpose of criminal investigation. 
 
3. In its first order of September 23, 2013, the apex court had highlighted that “In the meanwhile, no person should suffer for not getting the Aadhaar card inspite of the fact that some authority had issued a circular making it mandatory”.
 
4. Furthermore, the use of Aadhaar for linking to other databases, retention, storage or publishing is not only prohibited but also a punishable offence under the The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016
 
It is evident that all communications of the TRAI/DOT to require linkage of Aadhaar are invalid and bad in law. Moreover, they are also in contempt of the Supreme Court and are showing complete disrespect for the Rule of Law. 
 
In light of these facts, and to ensure that you do not continue to commit contempt of the Supreme Court of India, disregard the Rule of Law and get embroiled in needless controversy and criminality that results from the use and linkage of Aadhaar with the issue and use of SIM and telephones, we require that you kindly issue an immediate and urgent notification and advertise widely highlighting these facts and that mobile and telephone companies can not and do not require or use Aadhaar numbers or Aadhaar information for any process.
 
Sincerely yours,
 
CC 
1. TRAI members and Advisors

[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
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[email protected]

2. Chief Justice of India, ℅ Chief Justice's Conference Secretariat, Supreme Court of India, Tilak Marg, New Delhi-110 201 Email: [email protected]

 
***********************************************************************************
 
October 2nd 2017
 
Secretary,
Ministry of Finance,
128-A/North Block, 
New Delhi
 
 
Dear Dr Hasmukh Adhia,
 
Subject: Contempt of Rule of Law and the orders of the Supreme Court of India
 
Mandeep Kaur, Dy. Secretary of your department notified GSR 538(E), citing powers conferred by sub-section (1) read with clause (h), clause (i), clause (j) and clause (k) of sub-section (2) of section 73 of the Prevention of Money-laundering Act, 2002 (15 of 2003), on June 1st 2017.
 
We draw your attention to the following:
 
1. A five member bench headed by the then Chief Justice of India in its order dated Oct 15th 2015, had reiterated all its previous orders. In particular we draw your attention that the court  stated that:
 
1. “After hearing the learned Attorney General for India and other learned senior counsels, we are of the view that in paragraph 3 of the Order dated 11.08.2015, if we add, apart from the other two Schemes, namely, P.D.S. Scheme and the L.P.G. Distribution Scheme, the Schemes like The Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), National Social Assistance Programme (Old Age Pensions, Widow Pensions, Disability Pensions) Prime Minister's Jan Dhan Yojana (PMJDY) and Employees' Providend Fund Organisation (EPFO) for the present, it would not dilute earlier order passed by this Court. Therefore, we now include the aforesaid Schemes apart from the other two Schemes that this Court has permitted in its earlier order dated 11.08.2015” 
 
2. “We impress upon the Union of India that it shall strictly follow all the earlier orders passed by this Court commencing from 23.09.2013”
 
3. “We will also make it clear that the Aadhaar card Scheme is purely voluntary and it cannot be made mandatory till the matter is finally decided by this Court one way or the other”
 
5. The three member bench of the court had noted earlier in its order of August 11, 2015 that: “The learned Attorney General had stated that the respondent Union of India would ensure that Aadhaar cards would only be issued on a consensual basis after informing the public at large about the fact that the preparation of Aadhaar card involving the parting of biometric information of the individual, which shall however not be used for any purpose other than a social benefit schemes.”. It had therefore ordered that 
 
1. “The Unique Identification Number or the Aadhaar card will not be used by the respondents for any purpose other than the PDS Scheme and in particular for the purpose of distribution of foodgrains, etc. and cooking fuel, such as kerosene. The Aadhaar card may also be used for the purpose of the LPG Distribution Scheme;”
 
2. “The information about an individual obtained by the Unique Identification Authority of India while issuing an Aadhaar card shall not be used for any other purpose, save as above, except as may be directed by a Court for the purpose of criminal investigation. 
 
6. In its first order of September 23, 2013  court had highlighted that “In the meanwhile, no person should suffer for  not  getting the Aadhaar card inspite of the fact that some authority had  issued a circular making it mandatory”.
 
7. Under section 74 of the Prevention of Money-laundering Act, 2002 (15 of 2003) every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.The rules have not been laid before the Parliament as required by parliamentary procedure
 
8. Furthermore while clause (h) of the Prevention of Money-laundering Act, 2002 (15 of 2003) was omitted by s. 29 with effect from 15.2.2013 and clause (i), clause (j) and clause (k) of sub-section (2) of section 73 does not allow for freezing of any  asset or making it inoperable.
 
9. Furthermore, the use of Aadhaar for linking to other databases, retention, storage or publishing is not only prohibited but also a punishable offence under the The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016
 
It is evident that the GSR 538(E) to require linkage of Aadhaar is invalid and bad in law. More over it is in contempt of the Supreme Court and a disrespect for the Rule of Law. The tactic to coerce people under an invalid legislation that is in contempt of court is undemocratic and deplorable at the very least.
 
In light of these facts, and to ensure that you do not continue to commit contempt of the Supreme Court of India, disregard the Rule of Law and get embroiled in needless controversy, money-laundering, and criminality that results from the use and linkage of Aadhaar with the opening of bank accounts and undertaking financial transactions, we require that you kindly issue an immediate and urgent notification and advertise widely highlighting these facts and that banks can not and do not require or use Aadhaar numbers or Aadhaar information for any process including KYC and payment transactions.
 
Sincerely yours,
 
CC 
1. Dr Urjit R Patel, Governor, Reserve Bank of India, 16th floor, Central Office Building, Shahid Bhagat Singh Marg, Mumbai - 400 001 [email protected], [email protected] for similar action to notify banks to purge all Aadhaar usage
 
2. Chief Justice of India, ℅ Chief Justice's Conference Secretariat, Supreme Court of India, Tilak Marg, New Delhi-110 201 Email: [email protected]
 
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    COMMENTS

    Shrik S

    2 years ago

    Let me highlight something which is not completely about this thread of Aadhar but a narration about how individual privacy has never mattered to government officials or law enforcement guys. My take is that these concepts are Not originally Indian concepts but forcefully shoved down the Indian psyche by the capitalist economies.
    This event is - near our apartment complex in northwest Bombay, there are shanties just as in most places - adjacent to the boundary wall. These shanties enjoy priviliges of organizing EVERY festival that Maharashtra + UP + Bihar are known to celebrate courtsey the political 'Shakhas' that patron the shanty dwellers. Our complex is a residence to conscientious middle class tax payers. These celebrations are often loud to the extent of leading to hearing loss as we end up shouting over the din in our houses esp. if we don't air tight our windows , blasting from the loudspeakers used facing away from the road towards the complex. When some of our members complaint to the cops this is what happens. Its shocking to know that this is the process that is currently in place - cops ask for your name, address, number and other such personal details. They end up calling the organizers at these events and lo behold they inform them as to somoene from so and so place has complained against the loud music - and ask these organizers to confirm if this is the case. Now instead of purely investigating the incident/complain, the cops informing these organizers that so and so folks are complaining itself is a huge breach of trust and privacy. These organizers then arrange for retaliation of these complaints by having some kids throw stones into our complex - and admitting with the gaul that possibly someone might have complained about the noise hence these guys might have thrown stones. These stones have caused a lot of damage to car windshields in the open parking space.
    Relating this event to what the government - which is 3/4 made of such dim witted power hungry goons - is doing about forcefully linking identity documents to individuals and making such data public not just out lack of knowledge but just out of pure sadist thought process shows that we are living in a very very very insecure and mentally destabilized social structure with all these fractures in communities and political fault lines. The issue is not with the political parties but with the ingrained mentality of the individuals who simply are told to believe in the jungle law and not the laws of civic societies. We educated citizens are living in this environment completely at owners risk.

    REPLY

    Bapoo Malcolm

    In Reply to Shrik S 2 years ago

    A simple question. Whom did you vote for?

    Aarmin Banaji

    In Reply to Bapoo Malcolm 2 years ago

    I have always been a proud NOTA voter. My vote is too precious to be wasted on any political scum.

    Would appreciate if you elaborate on 'We also clarify that in so far as the provisions of Section 139 AA of the Income Tax Act, 1961 are concerned, the matter stands governed by the judgment of this Court in Binoy Visman v Union of India3.3 Writ Petition (C ) No 247 of 2017', you mention below.

    A friend has been prevented from uploading his returns on-line and forced to submit them in a physical form at the local ITO. So much for the bullshit of digital India.

    Bapoo Malcolm

    2 years ago

    1
    REPORTABLE
    IN THE SUPREME COURT OF INDIA
    CIVIL ORIGINAL JURISDICTION
    WRIT PETITION (CIVIL) NO 494 OF 2012
    JUSTICE K S PUTTASWAMY (RETD ) AND ANR ..... PETITIONERS
    Versus
    UNION OF INDIA AND ORS ..... RESPONDENTS
    WITH T C ( C) NO 151 OF 2013
    T C ( C) NO 152 OF 2013
    W P (C ) NO 833 OF 2013
    W P (C ) NO 829 OF 2013
    T P (C ) NO 1797 OF 2013
    W P (C ) NO 932 OF 2013
    T P (C ) NO 1796 OF 2013
    CONT P (C ) NO 144 OF 2014
    T P (C ) NO 313 OF 2014
    T P (C ) NO 312 OF 2014
    2
    SLP (CRL ) NO 2524 OF 2014
    W P (C ) NO 37 OF 2015
    W P (C ) NO 220 OF 2015
    CONT P (C ) NO 674 OF 2015
    T P (C ) NO 921 OF 2015
    CONT P (C ) NO 470 OF 2015
    CONT P (C ) NO 444 OF 2016
    CONT P (C ) NO 608 OF 2016
    W P (C ) NO 797 OF 2016
    CONT P (C ) NO 844 OF 2017
    W P (C ) NO 342 OF 2017
    W P (C) NO 372 OF 2017
    W P (C ) NO 1058 OF 2017
    W P (C ) NO 966 OF 2017
    W P (C ) NO 1014 OF 2017
    W P (C ) NO 1002 OF 2017
    AND
    WITH W P (C ) NO 1056 OF 2017
    3
    O R D E R S
    Dr D Y CHANDRACHUD, J
    1 We have heard submissions on interim relief. The prayer for interim relief at this stage is essentially based on the earlier orders of this Court dated 23 September 2013, 24 March 2014, 16 March 2015, 11 August 2015 and 15 October 2015. The interim directions dated 15 October 2015 were issued by a Constitution Bench. The primary submission of the petitioners is that in terms of the interim order of the Constitution Bench: (i) Aadhaar Cards could permissibly be utilized only for six schemes (two of them provided for in the order dated 11 August 2015 and four in the order dated 15 October 2015); (ii) the Union Government was directed to strictly follow the earlier orders of this Court commencing from 23 September 2013; and (iii) the Aadhaar card scheme was to be purely voluntary and could not be made mandatory until the matter is finally decided by this Court.
    2 Mr Shyam Divan, learned senior counsel urged that since the interim order dated 15 March 2015 governs the field it was the obligation of the Union government to seek a variation of the interim directions after the enactment of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and
    4
    Services) Act, 2016 before making it mandatory to uplink or provide details of the Unique Identification Number/Aadhaar card for all purposes.
    3 Mr Gopal Subramanium, learned senior counsel while advancing the same submission urged that the issue involves the paramountcy of the Court and of the judicial process. In the submission of the learned counsel, the exercise of the judicial power in the form of the interim order dated 15 October 2015 (and the earlier orders) was to insulate citizens against any form of compulsion, this being in aid of protecting their fundamental rights.
    4 Mr Arvind Datar, Mr KTS Tulsi, Mr Anand Grover, Mr KV Viswanathan, Ms Minakshi Arora and Mr Sanjay Hegde, among other learned counsel urged submissions on various facets in support of the prayer for interim relief.
    5 On the other hand, Mr K K Venugopal, the learned Attorney General for India urges that the interim directions were issued in the absence of a legislative framework. After Parliament has enacted the Aadhaar Act, 2016 (which came into force on 12 July 2016) the interim orders would, in his submission, not pose any impediment to enforcing the provisions of the law, duly enacted. Moreover, the reasonableness of each notification would have to be justified by the department concerned. The learned Attorney General has been supported in his submissions
    5
    by Mr Aryama Sundaram, learned senior counsel appearing on behalf of UIDAI and Mr Rakesh Dwivedi, learned senior counsel.
    6 Having due regard to the importance of the issues which have been raised in the case, which has led to the judgment of nine Judges of this Court on 24 August 20171, we are of the considered view that the resolution of the issues raised before the Court should proceed at the earliest, after the Court reassembles in January 2018. This will ensure clarity for citizens on the one hand and for the Union and the state governments and the instrumentalities on the other hand.
    7 Learned senior counsel appearing on behalf of the petitioners as well as the learned Attorney General for India and all the other counsel supporting his submissions have agreed to the suggestion of the Court that the final hearing of the case commence on 17 January 2018. We direct accordingly.
    8 The matter which needs consideration in the meantime is the interim arrangement which should govern the field.
    9 The learned Attorney General for India has stated that :
    1 (2017) 10 SCC 1
    6
    (i) The Union government has extended the deadline for Aadhaar linkage with all schemes of its Ministries/Departments until 31 March 2018;
    (ii) As far as Aadhaar linkage with bank accounts is concerned, for existing bank accounts, the last date for the completion of the process may be extended to 31 March 2018;
    (iii) In so far as new bank accounts are concerned, while the last date for completing the process of Aadhaar linking may be extended until 31 March 2018, persons desirous to open new accounts shall produce proof to the bank of an application having been submitted for obtaining an Aadhaar card together with the application number which shall be supplied to the account opening bank; and
    (iv) As regards Aadhaar based E-KYC for mobile phone subscribers, as held by a Bench of two learned Judges of this Court by its order dated 6 February 2017 in Lokniti Foundation v Union of India and Another2, the process of completing the E-KYC process is to be completed by 6 February 2018. The Union government informs the Court, that consistent with the extension of the deadline to 31 March 2018 in other cases, this Court may consider passing appropriate orders.
    10 In terms of (i) and (ii) above, we accept the statement of the learned Attorney General for India and order accordingly.
    2 (2017) 7 SCC 155
    7
    11 In terms of (iii) above, subject to the submission of the details in regard to the filing of an application for an Aadhaar card and the furnishing of the application number to the account opening bank, we likewise extend the last date for the completion of the process of Aadhaar linking of new bank accounts to 31 March 2018.
    12 In terms of (iv) above we extend the date for the completion of the E-KYC process in respect of mobile phone subscribers until 31 March 2018.
    13 Consistent with the above directions, we also direct that the extension of the last date for Aadhar linkage to 31 March 2018 shall apply, besides the schemes of the Ministries/Departments of the Union government to all state governments in similar terms. As a consequence of the extension of the deadline to 31 March 2018, it is ordered accordingly.
    14 We also clarify that in so far as the provisions of Section 139 AA of the Income Tax Act, 1961 are concerned, the matter stands governed by the judgment of this Court in Binoy Visman v Union of India3.
    3 Writ Petition (C ) No 247 of 2017
    8
    15 The above arrangement shall continue to operate pending the disposal of the proceedings before the Constitution Bench.
    16 The Registry shall list the entire batch of connected cases for final hearing on 17 January 2018.
    ..….....................................CJI [DIPAK MISRA]
    …........................................J [A. K. SIKRI]
    …........................................J [A.M. KHANWILKAR]
    …........................................J [Dr D Y CHANDRACHUD]
    …….....................................J [ASHOK BHUSHAN]
    New Delhi
    December 15, 2017

    Aarmin Banaji

    2 years ago

    I got an email alert today saying a fresh comment on this topic has been posted by Sherri Morren. Where is it?

    rajesh andraj

    2 years ago

    Why so much fuss about identity theft of only aadhar details? What about the other details that we furnish like photos signatures etc. Are thy not subject to theft and misuse? Likelihood of misuse of Aadhar biometrics is only speculative till now, without concrete evidence. If there are possibilities of misuse, the people have to properly explain and suggest ways how to curb, instead of opposing.

    Jawahar Bhaya

    2 years ago

    However banks and mobile companies are not doing their home work. They send repeated messages to even those who have submitted and linked their AADHAR number. Making consumer nervous and asking them to make multiple rounds of their offices.

    Jawahar Bhaya

    2 years ago

    If it is so risky why no such incidents are reported i n USA where social security number is linked to every thing including bank account, mobile number and even driving licence?

    REPLY

    Sucheta Dalal

    In Reply to Jawahar Bhaya 2 years ago

    There are innumerable cases of identity theft due to SSN being mentioned everywhere. Please google. In fact the US govt has tightened the rules and barred the mention of SSN in documents. WE dont learn from the US, so although we are starting so much later, we have silly government officials requiring open mention of Aadhaar numbers of sports certificates, exam certificates etc. It is dangerous. We need to learn, precisely from the US and many other countries who have discovered issues.

    aanand shirali

    2 years ago


    ALL BANKS ...Follow good banking practices...don't send wrong messages and create panic among customers

    Send wrong messages

    rajesh andraj

    2 years ago

    Why some people are so much scared about Aadhar. The other ID proofs without biometrics can be multipled. People are opening many bank accounts to scatter their money and evade tax liability. There are instances of single individuals having several pan cards, ration cards. When aadhar lining was introduced such multiple cards could be detected. If there is apprehension of the biometrics data can be misused, then it is onus on the citizens to suggest ways of such misuse, if any, instead of opposing Aadhar linking.

    REPLY

    Aarmin Banaji

    In Reply to rajesh andraj 2 years ago

    A classic case of standing the problem on its head. Sad.

    Bapoo Malcolm

    2 years ago

    The banks are laying the onus on the government; it's the government's directive, not the bank's! But vicarious liability must exist between both entities, especially when warned of the outcome. The thing to see now is whether the banks will reply. And what their reply will be; other than that they are following orders. A la Nazis of WWII. No risk, no imagination, no responsibility; only paper shuffling. And the public takes it lying down, except some organisations like Moneylife. We deserve what we get; for keeping quiet.

    Reminds one of Martin Luther King, every day and in everything. "In the end, we will remember not the words of our enemies, but the silence of our friends". For the herdlike, there can only be damnation; a fitting existence. Jaago, Boloo, Karoo.

    Bapoo Malcolm

    2 years ago


    This is the operative part of the e mail sent to Bank clients:

    Important! Government mandates linking Aadhaar to your bank account.
    The Prevention of Money Laundering (Maintenance of Records) Rules, 2005 (“PML Rules 2005”) have been amended with effect from June 1, 2017 to require Aadhaar for every bank account. All existing Bank accounts have to be verified with Aadhaar by the banks by 31st December, 2017, failing which the accounts will become inoperative.

    Dear xxxxxxxxx xxxxxxxx,
    As per Government of India Gazette No. 13012/79/2017/Legal-UIDAI (No. 4 of 2017), it is mandatory to link your Aadhaar card to all your bank accounts.

    Please ensure that you do it at the earliest so your account is not frozen.
    Here is a simple way to do it:
    Send SMS:
    Simply send an SMS from your registered mobile number to xxxxxxxx.
    Send- AR space space
    Please note:
    1. In case if you have a Joint account or a Family account, it is mandatory to link Aadhaar of all the account holders.
    2. If the account holder is a minor then it is mandatory to link Aadhar to his/her account.
    For more information you can visit your nearest Bank branch
    Warm regards,
    Bank






    Let's see

    2 years ago

    To know someone (especially a child) died of starvation in current times is definitely unfortunate, may be it has more to it, than just linking Aadhar with rest of the things and i can't imagine the pain of family going through.

    Also, after reading some of the recent comments and media moves, i pick up an impression that preparation has started for the forthcoming election already (like just before Bihar elections), while targeting BJP government in respective state (s) or may be at centre as well. I won't be surprised if the PM is held responsible for the economic slowdown we are entering in, on account of unavoidable global digitization/automation and its fast adoption (we, the consumers are driving this, as some of us may agree).

    Some of us airing views against demonetization (to an extent i'm aware of the inconvenience caused to poor and not so poor), i believe, would support and let the black economy flourish, just when they become entrepreneur (may be some are already), especially in their establishments. And I think they are all ready to flee country, for green pastures.

    IMHO (though it doesn't matter), Aadhar and initiatives around it, may not be as bad as much being perceived/projected by the 'upper class', sooner issues related to security/functionality are fixed.

    Happy Diwali!

    Aarmin Banaji

    2 years ago

    Mr. Malcolm, whom and what email are you referring to about your apprehension of being held in contempt of court?
    KrishnaS, I am sure about the veracity of what you write but why have we to go so far afield, when the leading story yesterday at 9 pm on NDTV had to do with the death of a 11 year old girl due to starvation. All because the mother's ration card was not linked to Aadhaar (according to TOI today) and because of the failure of the authentication machine according to NDTV.
    This is not the first and definitely not the only instance when lives have been lost in such a situation. The weakest section of society suffered a similar sad fate post-demonitisation.

    The steam-rolling juggernaut with sad ramifications bordering on evil continues, without making a dent in the vainglorious conviction of the initiator (the moron from Infosys), the implementers and their flunkeys.

    KrishnaS

    2 years ago

    CONSEQUENCE OF LINKING AADHAAR WITH ANY FINANCIAL DOCUMENTS -- IMPORTANT FOR EVERYBODY
    Let us learn from other countries that the Govt. and the public are paying heavily for creating and giving their
    Social Security Number (SSN) to welfare schemes
    and financial data bases.Identity Theft is a crime created using theft of personal information such as Name, Date of birth etc. Which
    Here are some videos of victims of identity theft from their Social Security No. Just see the below stated videos carefully one by one and see the fate of these victims.
    Just go to youtube and type
    'SSN IDENTITY THEFT VICTIMS'

    Bapoo Malcolm

    2 years ago

    Further to my post, am glad to report that the Bank has accepted the PAN card and the Driving License only; and not insisted on Aadhar. I specifically asked if the matter was put at rest and was told it was so. So, obviously, the threat issued is not to be taken seriously. Not until the Supreme Court takes a decision in the matter. Have just written to another bank as follows: " Dear Mr. X X X,

    I understand that the Hon. Supreme Court has decided to take up this matter by year end. Do you not think that you may be held in contempt; though your e mail is very warily worded.

    Again, should the court decide otherwise, i. e., deny the banks the right to insist on Aadhar linkage, how would you justify the dissemination of the data and how would you then ensure its erasure?

    May I have your considered view on this?

    Season's Greetings. "
    Let us now see what the answer is, if at all.

    REPLY

    Faizmahammad Masi

    In Reply to Bapoo Malcolm 2 years ago

    Sir is there any way to delink Aadhaar from PAN card and Sim card. Because I linked Aadhaar with it without knowing consequences. Hoping for your help.

    pqrs

    2 years ago

    Modi is a very poor administrator and disobeys the Supreme Court.

    Driving licences to be linked with Aadhaar: Prasad
    In a bid to check the menace of multiple driving licences being issued to individuals, the central government will soon introduce linking of Aadhaar with driving licences, Union Minister Ravi Shankar Prasad said on Friday.
     
    The Minister for Electronics and Information Technology said that after linking PAN with Aadhaar, the government would now link Aadhaar with driving licences.
     
    Speaking at the "Haryana Digital Summit-2017" here, Prasad said: "I have already had a word with Union Minister for Road Transport and Highways Nitin Gadkari in this regard and the process to link Aadhaar with driving licences would be set in motion soon. Aadhaar is a safe and secure tool for good governance and empowerment."
     
    "Aadhaar represents digital identity, not physical identity, and that digital identity confirms physical identity. The purpose of linking PAN with Aadhaar is to stop money laundering," he said.
     
    The Summit was organised by the Haryana government with a view to bringing together industry experts, visionaries, thought leaders, policy makers, academicians and co-operative heads on a single platform.
     
    Chief Minister Manohar Lal Khattar and Urban Local Bodies Minister Kavita Jain were also present at the Summit.
     
    Prasad said he was proud of the Indian IT industry which had held high the Indian flag in 200 cities of 80 countries across the globe.
     
    While reiterating the commitment of the central government towards providing affordable and inclusive technology to the people, he said the concept of Digital India would help create an inclusive society.
     
    About 30 lakh people are directly working in IT companies across the country, out of which a third are women.
     
    "Digital India is a means to bring a smile on the faces of the poor and common people. The central government has opened 30 crore accounts under the Jan Dhan Yojna, and these have been linked with Aadhaar during the last one-and-half years. The beneficiaries are now getting subsidy under various schemes directly in their bank accounts."
     
    Besides, 455 mandis across the country have so far been linked with eNAM, the online trading portal for farmers. As many as eight crore soil health cards have been issued to the farmers in the country with digital profile of their crops.
     
    "India's digital economy is growing fast, and by 2020 it is expected to provide job opportunities to 50-70 lakh youths," he said.
     
    While lauding the efforts of the Haryana government led by Chief Minister Khattar, Prasad said that with the launch of Cyber Security Policy (on Friday), the state had become the first state in the country to implement this policy.
     
    "Haryana has the potential to become an electronics and mobile manufacturing hub," he said, adding that with the setting up of Atal Seva Kendras in the state, Haryana had taken a lead in the country in terms of technological advancement.
     
    Assuring all support of his ministry to the Haryana government for bringing about a digital revolution in the state, he urged the entrepreneurs present at the Summit to adopt 20-30 villages having the facility of optical fibre network to provide Wi-Fi facility there and help in digital transformation of villages.
     
    Speaking on the occasion, Khattar urged the Union Minister to provide assistance for connecting all the 6,500 villages of the state with Wi-Fi facility.
     
    "I would also urge Prime Minister Narendra Modi to provide a special package to Haryana for this purpose. Wi-fi facility is being provided in about 100 villages in the first phase but optical fibre network has been laid out in almost all villages of the state," he added.
     
    Describing Digital India as a dream of the Prime Minister, Narendra Modi, Khattar said they had set a target to provide digital literacy to 12 lakh people in the state.
     
    "Under 'Saral Scheme', a unified platform will be prepared for the delivery and tracking of more than 380 government schemes and services. From Friday onwards, the people will be able to track over 130 schemes through website or SMS from the comfort of home," he said.
     
    Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.
  • User

    COMMENTS

    aanand shirali

    2 years ago


    ALL BANKS ...Follow good banking practices...don't send wrong messages and create panic among customers

    Send wrong messages

    Derrick Mendes

    2 years ago

    I am an NRI, do I have to link my aadhar with my bank accounts and mobile? If I am threatened by the bank or telephone company with freezing of account or disconnecting my mobile, then what should I do?

    Aadhaar apps eco-system is vulnerable to malware: Report
    The application eco-system built around Aadhaar is vulnerable to malware as conflicting requirements between utility, security, delegation and profit making, have created the perfect environment in the unique identification (UID) system, says a report from Medium.com. 
     
    In the report , Anand Venkatanarayanan, says, "Securing the Central Identities Data Repository (CIDR) is a relatively easy problem for Unique Identification Authority of India (UIDAI), but ensuring that every single android app is not vulnerable to malware is a very hard problem. This is because, an authentication attempt that only uses OTP can be defeated easily by automation. In addition, the capability to reverse engineer applications in the mobile application ecosystem would defeat the 'Security by Obscurity' paradigm that UIDAI is comfortable with."
     
    Last week, Google Play store pulled down few e-Know-Your-Customer (eKYC) apps. "While the pulling down of these apps were not noticed, a quick analysis via the disassembler as described above did show that all of them are vulnerable to application programming interface (API) key harvesting techniques," Anand Venkatanarayanan added. 
     
    API key is a code passed in by computer programs calling an API to identify the calling program, its developer, or its user to the website or mobile application.
     
    The safest car is the one that is parked in a garage, as it can never be involved in an accident, but it also has zero utility, the report says, adding, the same is true for 'Aadhaar data', the term which means a combination of Aadhaar number, demographic information, phone number, email address and the biometric identifiers. If all this is securely hosted and never leaves the central repository (CIDR), then its utility is very limited.
     
    UIDAI allows two uses to increase utility of its Aadhaar system. The yes/no authentication allows residents to be verified with their Aadhaar number and biometrics or one time passcode (OTP) delivered to their registered mobile number. The second KYC authentication returns demographic data to a service provider when they submit their Aadhaar number and biometrics or OTP.
     
    UIDAI regulates entities that allow such use. These entities are referred as authentication user agency (AUA) and KYC user agency (KUA) and need to follow security norms as well as financial eligibility criteria.
     
    "Since License keys of AUA or KUA and ASAs can be suspended if financial norms are not adhered to private entities cover their costs and run a viable business through a combination of delegation and transaction costing. AUAs are allowed to enter into contracts with other entities referred as sub-AUA through a memorandum of understanding (MoU). For each sub-AUA application, NIC assigns a unique code to be included in application’s request XML. On the other hand, KUAs are prohibited from sub-licensing or creating sub-KUA."
     
    "Why would UIDAI prohibit sub-KUA but allow sub-AUA? It is to minimize abuse and to ensure traceability. Since eKYC is mandatory for SIM cards and is accepted as a valid form of providing identity and address proof for opening bank accounts, mutual fund accounts, allowing sub KUAs, enables abuse via delegation. Delegation creates multiple layers of obscurity and hence it becomes difficult to investigate the true source of abuse, in the case of a fraud report. Hence banning it is the only possible and reasonable solution," the report says.
     
    Anand Venkaranarayanan then explains in details how the reverse process of getting source code can be used to extract the secret API key from the sample application with just a decompiler within five minutes. 
     
    He says, it is now trivial to design a malware which can use the above vulnerability and perform eKYC through an OTP in the background without either the user or the UIDAI being aware of it. Anand Venkaranarayanan reproted the vulnerability to both Chief Executive of UIDAI and Quagga over email on 15 August 2017. While Quagga responded to his email, the UIDAI CEO has neither responded nor acknowledged the mail. 
     
    "Quagga responded to the all the emailed questions (except one) and it was clear from the responses they are fully in compliance with the Aadhaar regulations. It is unclear, if architecture issues of using OTP as a first factor authentication should be reported to CERT.IN or NCI-IPC and hence were not reported," Anand Venkaranarayanan says. Continue Reading... 
     
      
     
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    User

    COMMENTS

    DR.KHALID AHMAD Abbasi

    2 years ago

    well done
    We should all stand against this injustice and contempt of courts

    Simple Indian

    2 years ago

    Despite all the assurances of data security of Aadhar by Nandan Nilekani who steered the Aadhar Project as chief of UIDAI during UPA's tenure, several cases known in media show how easy it seems to breach the data security of Aadhar repository. The least the Govt can do to prevent people's personal & private data of Aadhar from being misused is by making it voluntary to enrol for it, particularly for those who don't wish to avail any govt welfare benefits.

    Parimal Shah

    2 years ago

    so the problem lies in android phone and not the UIDAI. Better to not use android but a feature phone for financial transactions via OTP.

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