Aadhaar link: SC wants telcos and banks to mention deadline, but doesn't stay sending of texts
The SC bench of Justices AK Sikri and Ashok Bhushan directed telecom operators and banks to mention the last date for linkage with Aadhaar.
In a fresh hearing on the contentious Aadhaar-mobile link, the Supreme Court has directed telecom operators as well as banks to mention the last date for linkage with Aadhaar, expressing concern about the threatening messages sent by both groups to customers on a daily basis.
However, the SC didn't put an interim stay on sending out such texts, or companies following a questionable DoT circular to intimidate customers about mandatorily updating the Aadhaar number for continued mobile or banking services.
Supreme Court directs mobile cos, banks to provide last date for linkage with #Aadhaar https://t.co/kDy8MmF6d6
— Bar & Bench (@barandbench) November 3, 2017
SC issues notice to Center after hearing a batch of petitions challenging the #Adhar Act, tags it with the main matter @barandbench
— Chandan Goswami (@goswami_shiva) November 3, 2017
In addition, the Centre has now extended the deadline to link Aadhaar with bank accounts from December 31, 2017 to March 31, 2018.
Bank account linking with #Aadhaar: Centre extends deadline to March 31, 2018. @barandbench pic.twitter.com/nuQRIjplLB
— Murali Krishnan (@legaljournalist) November 3, 2017
The SC bench of Justices AK Sikri and Ashok Bhushan issued the direction while hearing a bunch of petitions challenging the Aadhaar Act.
The bench, particularly Justice Sikri, agreed with the petitioners that these messages were being sent out, and expressed unhappiness over getting them, when attorney general KK Venugopal tried dismissing concerns on the matter.
During today's Aadhaar hearing, the SC directed Telecom companies and Banks to specify the deadline in their messages. (1/n)
— Gautam Bhatia (@gautambhatia88) November 3, 2017
This was in response to Mr Arvind Datar, Mr Shyam Divan, Mr Anand Grover and Mr KV Vishwanathan bringing to the Court's attention that +
— Gautam Bhatia (@gautambhatia88) November 3, 2017
+ Telcos and Banks were sending messages threatening to freeze SIMs and bank accounts. The Court said that any such message must clearly +
— Gautam Bhatia (@gautambhatia88) November 3, 2017
If the case was taken up by the Constitution Bench at the end of November, then the prayer for stay could be made before that bench. (5/n)
— Gautam Bhatia (@gautambhatia88) November 3, 2017
The Attorney-General said that these claims of Telcos and Banks sending threatening messages were only oral assertions by petitioners. (6/n)
— Gautam Bhatia (@gautambhatia88) November 3, 2017
The SC bench was responding to the petitioners' counselors, including advocates Anand Grover, Shyam Divan and Aravind Datar, as well as AG Venugopal on behalf of the Centre.
While the AG submitted that in light of the Data Protection Bill, the Aadhaar Act might undergo some change, and therefore might automatically address the current concerns over UID's privacy and others problems, the petitioners pointed out that the Aadhaar-mobile link is itself illegal and must be quashed.
To this, Justice Sikri replied: "We all know what's happening. We are getting these messages too." (7/n)
— Gautam Bhatia (@gautambhatia88) November 3, 2017
Mr Arvind Datar and Mr KV Vishwananathan pointed out that the bank linking and phone linking were entirely illegal and sans authority. (8/n)
— Gautam Bhatia (@gautambhatia88) November 3, 2017
While the SC bench chastised banks and mobile phone companies for sending panic-inducing messages to customers -which assert that their phone and bank accounts would be rendered dysfunctional in case Aadhaar is not updated - it asked them to clearly mention the last date for linking UID to such services.
However, the SC has left it to the Constitution bench that would be deciding the efficacy of the Aadhaar Act itself, as well as the bunch of petitions questioning the Aadhaar link to various government and commercial services as mandated by the Centre, to take a call on whether or not Aadhaar link is legal and constitutionally viable. Whether or not the Aadhaar violates citizens' fundamental right to privacy will therefore be decided by the bigger bench that's expected to convene within November.
However, the SC said that if the constitution bench is postponed, then it would indeed consider putting an interim stay on the Aadhaar link to services.
+ specify that the present deadline for banks is December 31 and for phones is Feb 6. (2/n)
— Gautam Bhatia (@gautambhatia88) November 3, 2017
The Court also said that since the main Aadhaar case was due to he heard at the end of November, a stay was not necessary at present. (3/n)
— Gautam Bhatia (@gautambhatia88) November 3, 2017
It seems the citizens have limited respite as of now, and needn't worry if they haven't updated their Aadhaar (if they have it) with their mobile or bank account numbers.
However, the myriad Aadhaar-related exclusions, of which the Jharkhand starvation death was one of the most glaring, prove that the government is in no mood to take a step back, and reconsider the enormous privacy challenge and complication of the Aadhaar project.