[For the "clarification" from the RBI, endorsing the govt. directive, pls. look up: <ttps://rbi.org.in/Scripts/BS_PressReleaseDisplay.aspx?prid=42024 >.]
I/II. https://timesofindia.indiatimes.com/india/new-petition-in-sc-challenges-rbi-order-for-linking-aadhaar-with-bank-a/c/articleshow/61167943.cms New petition in SC challenges RBI order for linking Aadhaar with bank a/c Dhananjay Mahapatra | TNN | Updated: Oct 22, 2017, 10:01 IST HIGHLIGHTS The new petition by Kalyani Menon Sen also challenged the validity of the March 23 circular issued by telecom department making it mandatory to link mobile phones with Aadhaar. Kalyani Menon said both decisions violated an individual’s right to privacy and, hence, are unconstitutional. Representative image.New petition in SC challenges RBI order for linking Aadhaar with bank a/c NEW DELHI: Posing a fresh challenge to Aadhaar, a writ in the Supreme Court has questioned the constitutional validity of the Reserve Bank of India's decision+ to make its linkage with bank accounts mandatory, adding strength to pending pleas challenging the unique identification on the grounds of violation of privacy. The writ comes a day after RBI stated that linking of bank accounts with Aadhaar has been made mandatory under the provisions of the Prevention of Money Laundering Act. "The government has issued a gazette notification GSR 538(E) dated 1 June 2017 regarding Prevention of Money Laundering (Maintenance of Records) Second Amendment Rules, 2017, inter alia, making furnishing of Aadhaar (for those individuals who are eligible to be enrolled for Aadhaar) and permanent number (PAN) mandatory for opening a bank account," the central bank said. The new petition by Kalyani Menon Sen, who describes herself as a feminist scholar and activist working for 25 years on issues relating to women's rights, also challenged the validity of the March 23 circular issued by the department of telecommunication making it mandatory for citizens to link their mobile phones with Aadhaar+ . She said both decisions violated an individual's right to privacy and, hence, are unconstitutional. A nine-judge Constitution bench of the SC had in August ruled unanimously+ that the "right to privacy is an integral part of right to life and personal liberty guaranteed in Article 21 of the Constitution". The question whether right to privacy is a fundamental right and if it can be invoked to challenge Aadhaar was decided by the nine-judge bench, which left the adjudication of the validity of Aadhaar to a five-judge bench. Sen's petition, filed through advocate Vipin Nair, said the government's decision to link Aadhaar with bank accounts by amending rules under PMLA violate the solemn promise given by the authorities that parting of biometrics by individuals was on a voluntary basis. By making it mandatory through PMLA rules, the government was coercing those who have not given their biometrics to part with it by providing for stringent punishment. "Present and potential bank account holders who do not wish to part with their biometric information are, therefore, treated on a par with alleged offenders under PMLA," she said. Terming the mandatory linkage of bank accounts with Aadhaar as an arbitrary amendment to the KYC requirement, the petitioner said, "Building a database dependent on Aadhaar and information linked there constitutes an unreasonable risk for financial autonomy and privacy of account holders, banks and financial sovereignty of the nation." TOP COMMENT It''s only the people who want to hide things are opposing Aadhar. If you have clean financials, then why worry about government knowing your financial position. Hanumantrao Kulkarni The petitioner said: "A citizen's right to privacy is a fundamental right that is constitutionally protected. The right to privacy in the context of these two circulars (linking Aadhaar with bank accounts and mobile phones) has violated a citizen's complete right over ownership and control of his core biometric information to the exclusion of all others, including the State." It also violates "the citizen's right to self-determination with respect to core biometric information without fear of penal consequences, which extends even after a person has (voluntarily or otherwise) parted with his or her core biometric information". The petition is likely to be heard next week by the Supreme Court. II. http://www.livemint.com/Industry/GVftC3fZaR5Oj6mSdshpBP/Put-mandatory-Aadhaar-linking-with-bank-accounts-on-hold-Ba.html Put mandatory Aadhaar linking with bank accounts on hold: Bank union AIBOC Banks’ officer union AIBOC demands that mandatory linking of Aadhaar should be put on hold till such time the Supreme Court comes out with a clear directive PTI Earlier in the day, the Reserve Bank of India (RBI) said linkage of biometric identity number Aadhaar with bank accounts is mandatory. Photo: Priyanka Parashar/Mint New Delhi: 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. Another organisation All India Bank Employees Association (AIBEA) has also registered their protest against instructions given by some of the banks to designate certain branches as special cells for enrolment of Aadhaar. The government should make it clear before the common citizens of the country that the seeding of Aadhaar is purely voluntary and not mandatory, All India Bank Officers Confederation (AIBOC) said in a statement. “The advisory to this effect should also be passed to all the stakeholders. We also demand that the government should look for alternatives or add more workforce into banks to implement Aadhaar related works in the public sector banks,” AIBOC general secretary D.T. Franco said. Earlier in the day, the Reserve Bank of India (RBI) said linkage of biometric identity number Aadhaar with bank accounts is mandatory. The RBI clarification followed media reports quoting a reply to a Right to Information (RTI) application that suggested the apex bank has not issued any order for mandatory Aadhaar linkage with bank accounts. AIBOC further contested that the Aadhaar Act of 2016 was meant to cover targeted delivery of financial and other subsidies, benefits and services that were paid out of the Consolidated Fund of India. Moreover, it said the Aadhaar Act prescribed that enrolment was entirely voluntary. If the act of getting an Aadhaar card is voluntary under the law, it wondered, how can the government make it mandatory for continued access to banking and telecom facilities that were not covered by the Act in the first place. At a time when the resources of the public sector banks are under severe strain, employing their resources on Aadhaar seeding will further constrain them in their efforts of recovery of NPAs, which eventually will further deteriorate the health, it said. “At present, this work is being done by some private agencies and bank premises are being used by them. Latest instructions are to disengage these private agencies and entrust the Aadhaar enrolment/updation work entirely to the bank staff,” AIBEA said. This is unacceptable since the bank staff are overburdened due to inadequate recruitment and increased volume of work of implementing various government schemes, among other things, it said. First Published: Sat, Oct 21 2017. 09 51 PM IST -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send an email to [email protected]. Visit this group at https://groups.google.com/group/greenyouth. For more options, visit https://groups.google.com/d/optout.
