In 2009, I became extremely concerned with the concept of Unique Identity for various reasons. Connected with many like minded highly educated people who were all concerned.
On 18th May 2010, I started this Blog to capture anything and everything I came across on the topic. This blog with its million hits is a testament to my concerns about loss of privacy and fear of the ID being misused and possible Criminal activities it could lead to.
In 2017 the Supreme Court of India gave its verdict after one of the longest hearings on any issue. I did my bit and appealed to the Supreme Court Judges too through an On Line Petition.
In 2019 the Aadhaar Legislation has been revised and passed by the two houses of the Parliament of India making it Legal. I am no Legal Eagle so my Opinion carries no weight except with people opposed to the very concept.
In 2019, this Blog now just captures on a Daily Basis list of Articles Published on anything to do with Aadhaar as obtained from Daily Google Searches and nothing more. Cannot burn the midnight candle any longer.
"In Matters of Conscience, the Law of Majority has no place"- Mahatma Gandhi
Ram Krishnaswamy
Sydney, Australia.

Aadhaar

The UIDAI has taken two successive governments in India and the entire world for a ride. It identifies nothing. It is not unique. The entire UID data has never been verified and audited. The UID cannot be used for governance, financial databases or anything. It’s use is the biggest threat to national security since independence. – Anupam Saraph 2018

When I opposed Aadhaar in 2010 , I was called a BJP stooge. In 2016 I am still opposing Aadhaar for the same reasons and I am told I am a Congress die hard. No one wants to see why I oppose Aadhaar as it is too difficult. Plus Aadhaar is FREE so why not get one ? Ram Krishnaswamy

First they ignore you, then they laugh at you, then they fight you, then you win.-Mahatma Gandhi

In matters of conscience, the law of the majority has no place.Mahatma Gandhi

“The invasion of privacy is of no consequence because privacy is not a fundamental right and has no meaning under Article 21. The right to privacy is not a guaranteed under the constitution, because privacy is not a fundamental right.” Article 21 of the Indian constitution refers to the right to life and liberty -Attorney General Mukul Rohatgi

“There is merit in the complaints. You are unwittingly allowing snooping, harassment and commercial exploitation. The information about an individual obtained by the UIDAI 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.”-A three judge bench headed by Justice J Chelameswar said in an interim order.

Legal scholar Usha Ramanathan describes UID as an inverse of sunshine laws like the Right to Information. While the RTI makes the state transparent to the citizen, the UID does the inverse: it makes the citizen transparent to the state, she says.

Good idea gone bad
I have written earlier that UID/Aadhaar was a poorly designed, unreliable and expensive solution to the really good idea of providing national identification for over a billion Indians. My petition contends that UID in its current form violates the right to privacy of a citizen, guaranteed under Article 21 of the Constitution. This is because sensitive biometric and demographic information of citizens are with enrolment agencies, registrars and sub-registrars who have no legal liability for any misuse of this data. This petition has opened up the larger discussion on privacy rights for Indians. The current Article 21 interpretation by the Supreme Court was done decades ago, before the advent of internet and today’s technology and all the new privacy challenges that have arisen as a consequence.

Rajeev Chandrasekhar, MP Rajya Sabha

“What is Aadhaar? There is enormous confusion. That Aadhaar will identify people who are entitled for subsidy. No. Aadhaar doesn’t determine who is eligible and who isn’t,” Jairam Ramesh

But Aadhaar has been mythologised during the previous government by its creators into some technology super force that will transform governance in a miraculous manner. I even read an article recently that compared Aadhaar to some revolution and quoted a 1930s historian, Will Durant.Rajeev Chandrasekhar, Rajya Sabha MP

“I know you will say that it is not mandatory. But, it is compulsorily mandatorily voluntary,” Jairam Ramesh, Rajya Saba April 2017.

August 24, 2017: The nine-judge Constitution Bench rules that right to privacy is “intrinsic to life and liberty”and is inherently protected under the various fundamental freedoms enshrined under Part III of the Indian Constitution

"Never doubt that a small group of thoughtful, committed citizens can change the World; indeed it's the only thing that ever has"

“Arguing that you don’t care about the right to privacy because you have nothing to hide is no different than saying you don’t care about free speech because you have nothing to say.” -Edward Snowden

In the Supreme Court, Meenakshi Arora, one of the senior counsel in the case, compared it to living under a general, perpetual, nation-wide criminal warrant.

Had never thought of it that way, but living in the Aadhaar universe is like living in a prison. All of us are treated like criminals with barely any rights or recourse and gatekeepers have absolute power on you and your life.

Announcing the launch of the # BreakAadhaarChainscampaign, culminating with events in multiple cities on 12th Jan. This is the last opportunity to make your voice heard before the Supreme Court hearings start on 17th Jan 2018. In collaboration with @no2uidand@rozi_roti.

UIDAI's security seems to be founded on four time tested pillars of security idiocy

1) Denial

2) Issue fiats and point finger

3) Shoot messenger

4) Bury head in sand.

God Save India

Showing posts with label Aadhaar mandatory for Bank accounts. Show all posts
Showing posts with label Aadhaar mandatory for Bank accounts. Show all posts

Saturday, April 21, 2018

13339 - RBI makes Aadhaar linking of bank accounts mandatory - The Hindu


MUMBAI , APRIL 20, 2018 23:27 IST

Subject to SC verdict, says regulator

The Reserve Bank of India on Friday directed commercial banks to make linking of Aadhaar to bank accounts mandatory, at a time when the Supreme Court is in the final leg of hearings on the contentious issue.

However, the banking regulator clarified that these guidelines were subject to the verdict in the Supreme Court.

“The revised Master Direction is in accordance with the changes carried out in the PML Rules vide Gazette Notification GSR 538 (E) dated June 1, 2017 and thereafter and is subject to the final judgment of the Hon’ble Supreme Court in the case of Justice K.S. Puttaswamy (Retd.) & Anr. V. Union of India, W.P. (Civil) 494/2012 etc. (Aadhaar cases),” RBI said while updating its master direction on know your customer norms.

What has surprised central bank watchers is the timing of the circular on KYC. While the government had notified the norms on June 1, 2017, RBI had, till now, not issued guidelines to banks.

Sources indicate that the central bank was in discussion with the government and had pointed out several lacuna in the mandatory linking of Aadhaar with bank accounts. However, now, RBI said in the master direction, “… the Reserve Bank of India being satisfied that it is necessary and expedient in the public interest to do so, hereby issues the Directions hereinafter specified.”

Apart from individual, corporate entities will now have to link their bank accounts with the Aadhaar of authorised signatories, as mandated by government notification.


According to the Aadhaar Act, a person who is residing in India for more than 180 days is eligible for applying for a Aadhaar number.

Thursday, March 29, 2018

13145 - Aadhaar’s benefits for financial inclusion - Live Mint


It would be unfair for the concerns of the vocal minority to override the economic aspirations of the silent majority

Last Published: Thu, Mar 29 2018. 07 11 AM IST

1 in 3 Indians don’t have access to a bank account; 1 in 7 do not have access to credit. Photo: Priyanka Parashar/Mint

The public interest litigations (PILs) filed before the Supreme Court against compulsory linking of Aadhaar to bank accounts raise issues about the right to privacy, concerns of being treated on par with money launderers, and the right to be not deprived of property as a result of blocking of bank accounts. One of the PILs contends that there are numerous, less disruptive methods of authenticating the identity of account holders. Do these concerns represent all segments of people across the country appropriately? If not, how does one evaluate the impact of a policy which has a varying effect on different segments of society?

Nearly one in three Indians do not have access to a bank account and one in seven do not have access to credit. These ratios would be much poorer for the eastern and north-eastern parts of the country. Financially excluded or barely included, the choices faced by these people should be an important consideration in the current debate on linking Aadhaar to bank accounts.

A large number of people from the lower socio-economic rungs of society have been financially included in the last decade. Guidelines for establishing business correspondents (BCs) were introduced by the Reserve Bank of India in 2006 to ensure availability of banking services at an affordable cost. A company, acting as a business correspondent for a bank, appoints agents to run the brick and mortar customer touch points.

Initially launched with a biometric-based authentication system managed by individual banks, these agents have aggressively shifted to Aadhaar-enabled payment system (AEPS) to provide a network for delivery of banking services in far- flung areas. An agent runs a low-cost operation which opens “small” savings accounts, provides deposit and withdrawal services and offers products like micro insurance and Atal Pension Yojana. Central and state government direct benefit transfers are also routed through these accounts. Instead of filling up forms and using wet signatures, the customer transacts with the help of an identity card having the details of her bank account and uses a fingerprint reader for authentication.

According to the RBI Annual Report, 646,000 agents carried out 1,159 million transactions worth Rs2.65 trillion in FY 2016-17. Availability of small savings accounts in far-flung areas has enabled a large number of poor Indians to experience formal banking systems for the first time in their lives. A robust biometric-based authentication system which provides secure access to their bank account has contributed greatly to the effort.

Is biometric authentication necessary to provide banking services to these customers? Authentication can also be signature-based, smart card based, PIN based or a combination of any two. For this particular segment, any authentication system other than biometric would be inferior and impractical due to low literacy rates and lack of experience in handling smart cards and PIN numbers. There is anecdotal evidence of individual PIN numbers being common knowledge in villages.

A centralized database and authentication system, like Aadhaar, is better than a distributed system where each bank builds and maintains the biometric database of its own customers. Collecting the biometric information of a customer is a long and expensive process. The high entry costs associated with a distributed system make moving one’s account between banks a cumbersome process. A Centralized system, like AEPS, makes it easy for a new financial services provider to plug in and launch its services. A widespread network of agents associated with different banks, operating on AEPS, would expand the choice set for the customer, increase competition and improve customer service. Flexibility in using the branch, agent or biometric ATM to access bank account would put such a customer on an equal footing with the customers who access the existing network of ATMs using a card and PIN for authentication. The choice of authentication system would no longer define the extent of access to the banking network.

Should it be mandatory to link Aadhaar to bank accounts? A mandatory linkage would build economies of scale and improve the network of AEPS enabled point of sale devices and biometric ATMs. This would benefit not only the users of small accounts but also the richer classes with multiple PINs for credit and debit cards.

In case Aadhaar linking is made optional, what should be the default option? In the famous case of the 401(k) pension scheme in the US, Nobel laureate Richard Thaler convinced lawmakers to pass a law encouraging employers to enrol workers automatically in the pension scheme but offer the right to opt out to anyone who did not want to participate. This small change in the presentation of choices “nudged” the participation rates to more than double. To build economies of scale, reduce costs and put all customers on an equal footing in terms of access to the banking network, a default option of consent for linking Aadhaar to the bank account should be preferred.

For customers using AEPS to receive government benefit transfers, remittances and transact their business, the question is stark—would they continue to have restricted access to the banking system or can they look forward to be treated on par with others? It would be unfair if the final policy takes into account the concerns of the vocal and media-savvy segment of society, while overriding the aspirations of the silent masses for equal access to opportunities.

Vinay Singh is pursuing a fellowship in economics from Management Development Institute.

First Published: Thu, Mar 29 2018. 07 10 AM IST

Wednesday, March 7, 2018

12940 - Nearly 87 crore bank accounts seeded with Aadhaar - Live Mint


Out of the 109.9 crore banks accounts, almost 87 crore have been seed with Aadhaar, according to UIDAI
Last Published: Sun, Mar 04 2018. 03 33 PM IST


As against the 142.9 crore active mobile connections, 85.7 crore have already been linked with Aadhaar. Photo: Priyanka Parashar/Mint

New Delhi: A month before the expiry of the deadline, around 80% of bank accounts and 60% of mobile connections have been linked with national biometric identifier Aadhaar, according to a senior official at Unique Identification Authority of India (UIDAI).

The government has mandated submission of the 12-digit unique identity number by every bank account holder by 31 March 2018 to weed out unaccounted wealth. For the same purpose, Aadhaar linking with income-tax permanent account number or PAN has also been made mandatory.

By 31 March, all mobile SIM cards are also to be linked with Aadhaar to establish the identity of mobile phone users. Out of the 109.9 crore banks accounts, almost 87 crore have been seed with Aadhaar, said the official of the UIDAI, which issues the national ID number. Of this, 58 crore have already been verified while in case of the rest the authentication process is underway with the documents that have been submitted to the banks, the official said.

The official further said that as against the 142.9 crore active mobile connections, 85.7 crore have already been linked with Aadhaar. When contacted, UIDAI chief executive officer (CEO) Ajay Bhushan Pandey told PTI: “Yes, about 80 per cent of the bank accounts have been seeded with Aadhaar, and we hope that the remaining will be covered soon...Financial losses caused to banks and genuine account holders through identity frauds will be curbed.”

With over 1.2 billion residents already enrolled for Aadhaar—a unique 12-digit number backed by fingerprints, iris scans and certain demographic details—the programme today is the world’s largest biometric database.

Aadhaar is required as an identity proof of residents by various government and non-government entities. While a five-judge constitution bench is hearing a clutch of pleas challenging the constitutional validity of the Aadhaar programme, as things stand today, PAN, bank accounts, credit cards, insurance policies, mutual funds, pension plans and social welfare benefits will have to be linked to Aadhaar by 31 March 2018.

The UIDAI recently announced a new concept of virtual ID which an Aadhaar card holder can generate from its website and give for various purposes, including SIM verification, instead of sharing the actual 12 digit biometric ID.

The soon-to-be-introduced virtual ID, a random 16-digit number, will give the users the option of not sharing their Aadhaar number at the time of authentication. Aadhaar has also announced that it will soon include face recognition alongside iris or fingerprint scan as a means of verifying the users, helping those who face issues in biometric authentication or have worn-out fingerprints.


First Published: Sun, Mar 04 2018. 03 33 PM IST

Friday, November 3, 2017

12234 - Aadhaar: Push to plug leaks or breach of privacy? - Times Now News


Updated: Oct 23, 2017 | 18:53 IST | ET Now Digital


New Delhi: The Narendra Modi-led National Democratic Alliance (NDA) government is all set to make Aadhaar the sole identity card in the future, replacing all other cards such as PAN, voter and ration cards.

Of late, bank customers have gone into a tizzy after being bombarded by ominous messages, emails and calls from banks about the dire consequences they could face if they fail to link their Aadhaar number to their bank accounts before the December 31 deadline. 

Last week, the Reserve Bank of India (RBI) issued a clarification to quell confusion raised by certain reports that Aadhaar linkage was not mandatory. These reports were based on an assumption drawn from a reply to a right to information query on the subject.

On October 14, a fresh petition was filed in the Supreme Court challenging the government’s decision to link bank accounts and mobile phones to the 12-digit unique identity number issued by the Unique Identification Authority of India (UIDAI).

At present, many customers seem to be holding out, awaiting the apex court’s final verdict that is looking into privacy concerns associated with the 12-digit number.
The Aadhaar programme, which is the world’s largest biometric identity card programme, has triggered some claims that it is an infringement of privacy of citizens.

The apex court in August had said that privacy is a fundamental right and the verdict was expected to complicate efforts of the Modi government to make linking of the ID card numbers with bank accounts, telephone numbers, etc.

Under the Aadhaar (Targeted Delivery of Financial Subsidies, Benefits and Services) Act, 2016, the unique identity number is mandatory only to receive social welfare benefits and other entitlements to intended beneficiaries and plug leaks. 
The government's move to widen the scope of Aadhaar by linking it to a wider pool of unrelated services has sparked privacy concerns and stoked fears about bad outcomes arising from data breaches.

There are many people who are worried about how a data breach at a bank or some other institution could compromise the security of their biometric data.

Media reports quoting legal experts say the situation as it stands today is such that while the Aadhaar scheme itself is voluntary, the government through executive orders have made it practically mandatory and indispensable.

Joining the Aadhaar seeding debate, public sector banks' officer union has demanded that mandatory linking of biometric identity number should be put on hold till such time the Supreme Court comes out with a clear directive.

While replying to a debate on Finance Bill 2017 debate, Finance Minister Arun Jaitley had said:  "Aadhaar has biometric details, so its chances of misuse becomes minimal. When the country has so much technology, and when it is being put to use, why create such a hue and cry about it? It is an anti-evasion measure which will benefit the country. So the government considers it right to implement it... maybe it could become the sole card in the future."
  

Thursday, November 2, 2017

12200 - What will happen if you do not link your bank account with Aadhaar Card by December 31 - - DNA India



NIHARIKA SHARMA | Updated: Oct 13, 2017, 05:19 PM IST, DNA webdesk

You might be getting constant messages from your banks urging you to link your Aadhaar card with the respective bank accounts. Failure to do so, your bank accounts will be blocked.
But do not panic. Those messages have a catch, yes, the government has made it mandatory to link the unique identity number with the bank account and the account will 'cease to be operational', if it has not been done. However, that won't happen before December 31.

What exactly the government has said?


The Centre has set a deadline for banks to link customers' accounts to their Aadhaar by December 31 and if the customers do not do this, their accounts will be blocked.
So now, before December 31, no bank can make your account un-operational over not following the Aadhaar linking requirement.





What does the rules say?
According to the Finance Ministry notification dated June 1, 2017, its mandatory for bank accounts that had been opened after June 1 to be linked with Aadhaar at the time of opening the account or within 6 months from the date of opening the bank account.






The already existing accounts, as mentioned above, have time till December 31 to do the same.

To impose the new rule, now the bank are not anymore opening up the new accounts without the 12 digit personal identification number.

Once blocked, can the accounts be reopened?
Yes, if a customer's account has been blocked due to non submission of the required documents then it can be unblocked if the person submits his/her Aadhaar number.
According to the finance ministry directive, "Provided that in case client already having an account based relationship with reporting entities prior to date of this notification fails to submit the Aadhaar number and Permanent Account Number by 31st December, 2017, the said account shall cease to be operational till the time the Aadhaar number and Permanent Account Number is submitted by the client."
But the notification did not mention about the time span when can the blocked account be retrieved.

Exemption to above rule:
According to the June notification, it's not necessary for the small accounts to link Aadhaar.

What are small accounts?
Small account is a kind of savings account where the balance at any given time does not exceed to Rs 50,000.
Also a small account need not to go beyond Rs 1 lakh when it comes to aggregate of all credits in a financial year.
Another condition that is applicable on such accounts is that the total of withdrawals and transfers in a month should not be exceeded to Rs 10,000.
Following are the guidelines for small accounts that are mentioned in the June 1 notification:
An individual who desires to open a small account in a banking company may be allowed to open such an account on production of a self-attested photograph and affixation of signature or thumb print, as the case may be, on the form for opening the account: Provided that-
(i) the designated officer of the banking company, while opening the small account, certifies under his signature that the person opening the account has affixed his signature or thumb print, as the case may be, in his presence;
(ii) the small account shall be opened only at Core Banking Solution linked banking company branches or in a branch where it is possible to manually monitor and ensure that foreign remittances are not credited to a small account and that the stipulated limits on monthly and annual aggregate of transactions and balance in such accounts are not breached, before a transaction is allowed to take place;
(iii) the small account shall remain operational initially for a period of twelve months, and thereafter for a further period of twelve months if the holder of such an account provides evidence before the banking company of having applied for any of the officially valid documents within twelve months of the opening of the said account, with the entire relaxation provisions to be reviewed in respect of the said account after 24 months.

Sunday, September 24, 2017

12108 - Is it really mandatory to link Aadhaar with bank account and mobile - TNN



Ramarko Sengupta | TIMESOFINDIA.COM | Updated: Sep 22, 2017, 19:21 IST

HIGHLIGHTS
  • The legality of Aadhaar is under cloud, says Supreme Court lawyer Apar Gupta
  • Even the Aadhaar-PAN issue will again be argued in November
  • By November legal clarity on whether Aadhaar is unconstitutional or not is expected to emerge

We have all been getting repeated reminders from mobile service providers and banks via text messages and other means that it is mandatory to link our phone numbers and bank accounts with the 12-digit unique identification number Aadhaar. Failing which, our bank accounts and mobile numbers will cease to exist, if the seeding is not done within the stipulated deadline-- December 31, 2017 for bank accounts and February 28, 2018 for mobile numbers.

While the government has indeed directed telecom companies and banks to get this done, is this really mandatory or even legal? 

We spoke to Supreme Court lawyer Apar Gupta to understand the legalities around this. 

For starters, before the deadline, banks and mobile service providers cannot disable your account or number, says Gupta. As far as the legality of the directive is concerned, he says "It's under a cloud and there are right now doubts that exist about the legality of the Aadhaar system." 

The 'cloud' that Gupta mentions is formed from the landmark Supreme Court ruling in August which states that Indians enjoy a fundamental right to privacy, that it is intrinsic to life and liberty and thus comes under Article 21 of the Indian constitution. 

"The right to privacy judgement got all of us very excited and there were questions which came up right after the judgement that what is its impact on Aadhaar. For this lawyers then went to the Supreme Court and said that you now have the right to privacy firmly established under the Constitution and now you need to apply it to the pending court cases which challenge the Aadhaar scheme. 

Now, a lot of these court cases also challenge Aadhaar specifically being linked to a lot of government services which are now requiring it as a precondition for the service itself," says Gupta who had argued for petitioners in the Right to Privacy case and also represents those challenging Aadhaar. 

These cases are due to be heard in November which is prior to the seeding deadlines, adds the lawyer who is a vocal critic of the Aadhaar scheme over concerns around security and privacy. 

So, by November some legal clarity on whether Aadhaar is unconstitutional or if it's legal and justified is expected to emerge. This in turn will obviously have a bearing on whether all of us indeed need to get our Aadhaar seeded with our bank accounts and mobile numbers. 

"People who believe that Aadhaar opens them up to a large array of concerns including privacy, profiling and even identity theft they should hold on. But again this is a very personal call each person has to take after they asses where they stand on this issue and how they personally assess the level of impact it's going to cause them," says Gupta. 

It would be interesting to look back at the Supreme Court's judgement in the Aadhaar- PAN linking case here (which was delivered a couple of months before the right to privacy verdict), where the top court stated that while the government was right in asking for Aadhaar to be linked with the 10-digit alpha-numeric PAN, it was too harsh a punishment to deactivate someone's PAN altogether. It results in the "civil death" of a person as they are not able to function effectively in society, the court had stated. Having your bank account and mobile number disabled would also similarly result in "civil death" opines Gupta.

The Aadhaar-PAN issue will again be argued in November as it came before the right to privacy judgement, Gupta says. 

TOP COMMENT
Modi and co didn't launch aadhar project so they will not know how to fix it's shortcomings or legally defend it...team modii only knows how to take credit for everything good done by others (aadhar, isro) while blaming others for everything bad...modi basically is just an insecure attention seeking actor...
Ivan Bigger

The government on its part wants to link almost all essential services to Aadhaar to plug leakages and gaps that exist within the system as India moves towards digitisation. The Centre seems to believe that Aadhaar could be that proverbial 'silver bullet' that takes down terrorism, money laundering, black marketeering and other frauds, all at once.

Every resident who has an Aadhaar has their biometrics (fingerprints, iris scan) linked to the 12-digit unique identity. According to the government, over 99 per cent of adults in India are enrolled in the program, with nearly 90 per cent of the entire population coming under its fold.

12106 - Highly objectionable - Hindu Businessline


JINOY JOSE P

Linking Aadhaar with bank accounts not in sync with the law

September 19, 2017:  
Bank customers in India are worried. Most of them have been receiving regular messages from the entities they have trusted their money with, asking them to link their accounts with the Aadhaar number, as per a recent notification from the Centre. If customers fail to comply before December 31, banks will deactivate the accounts.

But can they do this? Is it constitutional? Experts suggest there may be a problem. The Centre introduced this new requirement on the back of the Prevention of Money Laundering (Maintenance of Records) (Second Amendment) Rules 2017. The notification cashes in on the powers it enjoys on behalf of Parliament under the Prevention of Money Laundering Act 2002. That much is fine. But the legality of threatening customers with penalty and deactivation does not hold up because the Aadhaar Act 2016, does not allow for the same. The Act clearly says where the biometrics-enabled unique identification number should be used. And bank services do not feature in the category.

Section 7 of the Act says that the Centre or States may use the number for the “purpose of establishing identity of an individual as a condition for receipt of a subsidy, benefit or service for which the expenditure is incurred from Consolidated Fund of India (read Government money)”. 

Hence, even linking Aadhaar with PAN was not legally tenable. 

Which is why the Government went in for a parliamentary amendment to the Income Tax Act rather than resorting to its own power to form rules. But the money laundering Act, say experts, does not necessarily offer it room to override clauses in Section 7 of the Aadhaar Act. 

There is also concern that third parties such as private banks having unchecked access to Aadhaar may lead to data misuse.

Deputy Editor