Saturday, December 16, 2017

Rethinking Aadhar (it's a website!)

Here is a great website that has chronicled exactly what is the problem with the UID system quite well:


From the live cases we can get a deeper understanding of the matter.

If I look into this lady's eyes:


...then I simply cannot get myself to say, "Madam, we will give you your aadhar number and you should keep it a secret from everybody, or else you [effectively] die! Oh, and your (chuckle) fingerprints : the one thing you cannot rely on aside from your memory, will be the key to your survival!"

Instead I hear myself asking, "What have we done?" It's my generation, my friends and colleagues who did engineering, MBA, IAS and all who have brought this about while worshipping the technology God. The me of 5 years back was also fervently wanting this technocratic Utopia, I also fervently believed that ever more advanced technology will solve everything "one day".

A functioning and empowered Mohalla Sabha would never have let this sort of situation come to pass.

Mohalla Sabhas are the real solution. UID/Aadhar is the fake.

Plus: Check out : https://speakforme.in : Submit a petition to your Member of Parliament or service provider. It has all the details and the correct emails all laid out for you. Just select your MP / bank / mobile company and click ahead.

News from Swaraj University - November 2017

Cross-posting...

SWARAJ UNIVERSITY

Dear friends and family,

Warm winter greetings from chilly Udaipur!! As we venture towards the winter, this 2017 Newsletter brings you warm news from us at Swaraj University! These past few months have been a time of several transitions and lots of new experiments. We are excited to share some of these with you. We would also like to take this opportunity to express our deep gratitude to you for your tremendous support for all of the khojis. Without your continuous love, care and feedback, the dream of Swaraj University would not be possible. Thank you!

 

Upcoming Events

  • Learning Societies unConference 2017, co-hosted by Shikshantar, Bhoomi College, Swaraj University and many others in Bangalore, December 26-30, 2017

  • National Vikalp Sangam Meeting - co-hosted by Kalpavrish, Swaraj University, Shikshantar, Vidya Bhawan, November 27-December 1, 2017

  • Unschoolers Winter Camp - a two-month camp co-hosted by Shikshantar and national unschooler kids (ages 10-17), December 15-17, 2017

  • Geo Dome Construction - a 2 day interactive Earth Architecture building project will be hosted in collaboration with Mango People on December 6-7, 2017

  • Interplay - come awaken your body intelligence and self-expression skills,  January 16-18, 2018!
Shikshantar, Bhoomi College and Swaraj University invites you to the Learning Societies unConference in Bangalore - a time to meet, exchange, unlearn and have fun!! Here is a small interview about the LSUC and cool film.

Recent Events and Workshops
We hosted some really inspiring workshops and gatherings in the recent months:

  • Indian Multiversities Alliance: We hosted the first meeting of the Multiversities Alliance which is a network of people creating alternative models of higher education across the Indian sub-continent.

  • Swaraj Wisdom Talks with Satish KumarWe had a beautiful 2 days with Satish Kumar, a former Jain monk and long-term peace and environment activist, founder of Schumacher College UK and editor of Resurgence magazine who shared his life stories with the larger community.

  • The Emperor Has No Clothes-Hacking the Education System Fellowship We hosted this two-month summer fellowship run by Shikshantar. This is a platform to design and implement projects that will disrupt the existing education/factory schooling system and promote alternative pathways of self-designed learning.

Program - Experiments and Experiences 
We welcomed the Eighth Cohort of Khojis (K8) in August. The cohort of 15 enthusiastic youth have spent a fruitful and enriching time in their first meet followed by a dynamic Learning Journey to Pune. Some of the highlights included:

- The cohort broadened their perspective on food and the food industry through a 5 day workshop hosted by a food activist, Purvi Vyas. Intense discussions, movie screenings and a visit to the Saras Dairy (factory) farm left the khojis with some powerful food for thought. The cohort also carried out various food experiments like cooking with millets and many varieties of salads.

- The energy of a playful child came alive when the khojis engaged in a Gamethon - playing cooperative games in public spaces to build a container of trust. After learning to play amongst themselves, the khojis shared the spirit of friendship with the children in the nearby village and with the city folks.

- Ravi Gulati, the founder of Manzil in Delhi, engaged both the cohorts for an entire day through an interesting game that brought out group dynamics and a different perspective of power and hierarchy,
Re-birth of ZOMSA
 
The khojis of the 7th and 8th cohort worked together on rebuilding the ruins of Zomsa - a khoji hangout area at Tapovan. They worked hard not just to renovate but totally re-create and re-design the space. Bringing their spirit of innovation, they embedded lighting systems under the ground and designed a cool smoking system that makes a gentle flow of smoke (created by burning citronella and neem) beneath the seating of Zomsa to keep the mosquitoes away! Since they re-inaugurated Zomsa Cafe, they have served yummy snacks and herbal teas on several occasions in the evenings. We next look forward to repairing the seating area - do come and join us!
The Seventh Cohort of Khojis (who are in Year 2 now) is laden with enthusiastic and powerful hosts and facilitators. Seeing their strength, we invited the khojis to bring in more deeply the practice of a co-created and a peer supported program. The khojis hosted processes to understand varied needs of each member of the cohort and how they can take more leadership in designing their time together in the khoji meet, including agreements on how to better live and work together as a community.

- In this meet, one of the main effort was connecting khojis with their deeper visions through various processes such as Nature Quest – which included being in nature (solo) and fasting for 16+ hours with an intention which was close to their heart. The output of these processes became a basis for planning their self-designed learning time and planning their future projects.

- Khojis visited organisations and individuals to hear about their passions and interests and how they find balance in their work and life. Each of us also shared with one another at least two of our favourite projects from around the world that have deeply inspired us. This brought out an interesting collage of different projects running through several causes such as food, inequality, generosity, human rights, education, alternative currency, etc. 

Some of the inspiring startup projects that the seventh cohort have started working on include:

"The Road Less Traveled" is an inspiring hitch-hiking learning journey for young change makers who have a drive to contribute to the society. Akarsh and Sumit began their first learning journey on the 21st of October from Udaipur to Himachal Pradesh.

Driven by his passion to bring acceptance for the LGBTQIA+ community in India, Harsh Khanabadosh started "Shades of the Sea".  Shades of the Sea aims to create a platform for all of us to discuss and share words on LGBTQIA+ individuals, understanding them as humans and supporting them to come out with their gifts and talents. It also aims to serve as a platform to interact with the untouched/marginalized part of our society.
#KALAKUMBH was a bright beginning to the second year for Khojis from the seventh cohort. An art festival and art residency for a week, this event was fully organized and led by khojis. The idea behind Kalakumbh was for khojis to co-create and co-learn with other artists in the serenity of Tapovan Ashram. For 6 days, the khojis hosted, learned and co-created with artists involved in singing, filmmaking, storytelling and theatre. It was also a time to connect with the life stories of the artists and have conversation about art and life. To conclude a beautiful week of art, nature, music and friendship, they held a KALA MELA@Fatehsagar inviting local people of Udaipur to channel their inner muse and join in singing Meera bhajans, sharing stories, playing games and engaging in live group painting. 

Naya Aagaz - A new beginning!!
We celebrated the initiation of two years for the sixth cohort. We had a beautiful Milan with the presentations and walk-through of the cohort along with celebration and fun.  We are excited to share some of the projects that the khojis began in their second year and are continuing to engage with.

Sangitha, a 17 yr old girl from Patna, started an alternative after-school learning center for children from her Manjhi/Musahar community called Mastishala.  Through alternative education, she wants to build the children's relationship with their parents, improve expression skills, remove fear and social isolation, and empower the children.
Bringing together his love for adventure and his skill of cooking, Yash Sapre joined Seescap, an organisation that conducts adventure camps. Yash Sapre is exploring his love for cooking, travel, working with people/children and nature through his job as head chef in the camps.
Stanzin and Samyuktha, are currently doing earth building in Samyuktha's village. Keeping in mind their values and interest in eco-architecture, they are building a house using the earth bag technique.
Abhiram, from Andhra Pradesh, began his exploration in organic farming since he joined Swaraj. Taking his passion ahead, he is now working at Aranya Alternatives, a Permaculture farm in Hyderabad. He is also helping to organize the International Permaculture Conference.
Taaka is an initiative by Nidhi Naik from Goa. It is a creative pathway for her to explore her love for playing with colours, fabric and patterns. She is weaving together her joyful memories of colours with the craft and skill of the local tailors of Bhulana, Udaipur, to bring forth a collection of bags, pouches and organizers.
This is a Connection Map of the various places the sixth cohort has explored on mentorships and learning journeys over the past two years.
Aagazi Reunion
Swaraj had its first ever alumni reunion in September. The 3-day gathering brought together khojis from different parts of the country to: reminisce their days as in Swaraj University, to share the current journeys they are on and the challenges they are facing, and to contribute ideas on the future of the Swaraj University living experiment. Some of the challenges that the former khojis raised were: the lack of host communities with deep processes outside of Swaraj University, their fears of loosing core values around sustainability, community and healthy living, and difficulties in finding a life partner who understands them. The gathering ended with an amazing collaborative session where current khojis and former ones shared the projects they are working on and the support they are seeking. This brought out an array of offers of support, contacts and ideas. Through this process, lots of current khojis particularly received strong support for their mentorships and startup projects. 
What are former Khojis are up to???

Arti Bhandari was in the 5th cohort and is currently living in Nagpur. She is an expressive arts facilitator exploring and exposing young people to the profound healing power of the arts. Theater, dance movement, visual arts and rhythm are some of the tools being used by Arti for creating varied unlearning and healing spaces. Arti has been conducting open and collaborative workshops with colleges and schools in Nagpur where she offers children the opportunity to engage in themes like reflection, body-mind integration, life possibilities, social perspectives, etc.


Madhur Anand, from the 3rd cohort, co-founded Sehatvan in Bhopal where he manages the forest space and hosts healing workshops. Sehatvan is a place to explore means of slowing down ageing, reversing lifestyle diseases and practicing eco-living. His recent project, Sahaj Sehat, is an open source knowledge base. It shares all the latest scientific health researches in Hindi through easy to understand educational videos. He is also working to spread the idea of eco-living among youth through different events.

Dhaval Shukla, from the 2nd cohort and living in Ahmedabad, believes that map-making is a powerful tool to bring communities together to solve problems, to change perspectives from a micro level to a macro level, and to understand how cultures and people have evolved. Studying and working at SU helped him realise that he has a knack for understanding and presenting information to people. Being fascinated with maps since he was 6 years old, he decided to bring together his childhood passion with his values that have been deepened over the years. Working on maps has also helped him find a creative side of himself. He is currently developing several maps for the city of Ahmedabad.

Swaraj also welcomes some new team members on board !!!

Shruti Tharayil has joined us as a Year 1 facilitator. She is a co-facilitator/co-organiser of various Yes! World Jams, India and a co-founder of Rela - Rhythms of Change, Andhra Pradesh, engaging with tribal rural communities.

Asawari Mathur, from the 6th cohort, has joined us as an intern. Asawari has been an intricate part of Aarohi Life Education, an alternative learning center in Bangalore.

Mohit Trivedi and Bhavna Trivedi with their three adorable unschooled daughters have shifted to the Tapovan campus. The lively couple successfully ran a pay-it-forward entreprise called Cafe Satori in Udaipur. Mohit, Bhavna and the kids play an active role as mitras on campus!

These new faces have brought in a lot of new and colorful energies to the program.


Experimenting with Leadership and Deepening Swaraj
 
Many of you know Swaraj as a space of radical learning, a place that is redefining what learning and living means for young seekers and explorers (khojis). However, little is known of its conscious practices and experiments to make decisions about running the university.
 
This year, the Swaraj experiment is being taken to the next level to deepen the Swaraj spirit of self-rule. Inspired by multiple examples around the world and in Indian villages, we have brought in a system of co-holding within which we aspire to experience a space which is co-owned, governed, and run by all who work-live in Swaraj University. In this model, there is no one person that makes systems, defines roles, etc. for the organization, but a rather a collective who is making decisions by consensus.
 
We are only six months into this experiment and still learning to figure how we work in this way. We have observed some challenges in: establishing a common understanding of what is asked for and needed in each role, who has what decision-making powers, how often and how long to meet, how to share decisions across the larger community, etc. We are also discovering and learning about many gifts that we as individuals and as a team bring together in the process of co-holding.

We envision that over the next couple of years Swaraj University will be fully run by the former khojis. We currently step into this experiment with a talented mixed team of old and new faces. 
 
We are deeply grateful to many of our well-wishers and supporters who have humbled us with their offerings and valuable resources.

Warm Regards and Gratitude,
Team Swaraj!
To know more, check out our Fb page https://www.facebook.com/swarajuniversity/?ref=br_rs
Our Website http://www.swarajuniversity.org/
Or contact us at swarajuni [at] gmail.com or call us at 
+91 8764279302

 





Friday, December 15, 2017

Threats to make mobile connections inoperable without Aadhaar

Chairman (Airtel)

Dear Sir/Madam,

Subject: Compliance of orders of the Supreme Court in WP 494/2012

It is not amusing that you believe that a SIM issued in someone's name is used by the same person, or that terrorists and criminals do KYC [^0] with their own documents or Aadhaar. Because Aadhaar and one time passcode (OTP) are treated as "second factor authentication", SIMs issued with an Aadhaar are a single point for fraudsters to hack identity, commit crime and rob victims of their property, dignity, liberty, equality and access to justice. Bank accounts opened using an Aadhaar and SIM, as well as property transactions, registration of contracts will no longer be in the victims control or with their knowledge and traceability. Because the use of the victims SIM in these instances will leave little deniability, if they are accused of these acts, it will destroy their right to justice.

Furthermore Aadhaar 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. 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. 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. The SIMs issued using a victims Aadhaar allows anyone in possession of such SIMs to impersonate the victim in both your private and public life. Not only will they have no way to know of such misuse, but they even have no ability to prove and control the misuse.

Your use of Aadhaar in telecom is, therefore, dangerous, both for the country and me, and also illegal and invalid for the following reasons.

1. You are citing the TRAI/DOT notification citing Supreme Court order of 6 February 2017 [^1] in WP(C) 607/2016 filed by Lokniti as having mandated Aadhaar KYC for mobiles. The order of 2 member bench on 6 February 2017 [^1] in WP(C) 607/2016 does not refer to any orders of WP(C) 494/2012, passed by a larger bench, restraining the use of Aadhaar. While the two-member bench cannot over rule the larger bench, it has not even ordered any mandatory linking.

2. We bring to your attention the fact that TRAI had filed IA 22, 23 of 2015 [^2] in WP(C) 494/2012 on 3 October 2015 requesting the use of Aadhaar for KYC in telecom. The 5 member bench hearing the **matter did not include telecom in the list of permitted uses of Aadhaar** and made it clear that **the Aadhaar is purely voluntary and cannot be made mandatory till the matter is finally decided by this Court**

3. We draw your attention to the fact that the Supreme Court has not vacated these orders, and the matter has not been finally settled. These orders are, therefore, in force.

a) In its first order of September 23, 2013 [^3] 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**". You cannot cause any person to suffer inspite of any authority having mandated Aadhaar. **Anyone threatening or blocking of services would amount to causing suffering and a contempt of the Supreme Court of India.**

b) In its order of August 11, 2015 [^4] 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:

i) "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**;"

ii) **"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".

iii) "Union of India shall **give wide publicity in the electronic and print media including radio and television networks that it is not mandatory for a citizen to obtain an Aadhaar card"**.

c) In its order of October 15, 2015 [^5] the 5 member bench ordered that:

i) "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 [^6] 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"

ii) **"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]

iii) **"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".**

4. We also draw your attention that the use of Aadhaar for linking to other databases, retention, storage or publishing is prohibited and also a punishable offence under sections 8, 29 and 37 the The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016. [^7]

5. Furthermore section 7 of the The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016 [^7] states that "Provided that if an Aadhaar number is not assigned to an individual, the individual shall be offered alternate and viable means of identification for delivery of the subsidy, benefit or service." All citizens of India have already provided many alternate means of identification on the basis of which you have been providing them with communication services to date. There is therefore no necessity of having them provide an Aadhaar number.

6. **I trust you will agree that it is your job to ensure that every notification you follow or cause customers to comply is legal and valid. Your confirmation that TRAI/DOT notifications are illegal and invalid, and that you will not be coerced into implementing illegal notifications, will go a long way in providing reassurance that you protect the country and your customers from risks of illegalities and theft of their assets, highlighted above.**

7. **Your confirmation that you will end the use of Aadhaar in the telecom will go a long way in providing reassurance that you are not continuing to be in contempt of the court, nor are you forcing your customers to be in contempt of the Supreme Court.**

8. **A mail from you in confirmation that you value my business and will therefore continue to protect my ability to communicate with friends, family and associates beyond 2017, would go a long way to reassure me that I can continue to do business with you.**

Thanking you for your support as always,
Sincerely yours,
Nikhil Sheth

CC:

1. Chairman TRAI, Mahanagar Doorsanchar Bhawan (next to Zakir Hussain College), Jawaharlal Nehru Marg (Old Minto Road), New Delhi: 110 002
   cp@trai.gov.in @rssharma3 @trai
2. Registrar, Supreme Court of India, Tilak Marg, New Delhi-110 201 For the attention of the bench hearing WP(C) 494/2012


Threats to make bank accounts inoperable without Aadhaar

Chairman and MD (HDFC Bank)

Dear Sir/Madam,

Subject: Threats to make bank accounts inoperable without Aadhaar

I am disappointed and concerned about threats to freeze my bank accounts were I to not to link them to Aadhaar. This is questioning my relationship with your bank and the value of the business I have brought to you. I am threatened that you neither value my business, nor are willing to protect my money and continued access to it.

Creating High Risks

1. I am sure you agree that Aadhaar is not a magic wand, it is merely a number to access an unaudited or unverified record from UIDAI's database. Linking the Aadhaar to bank accounts is, therefore, exposing your customers and the entire banking sector to very high risks.

2. I trust that you are aware that the Maharashtra Aadhaar Scam of loan waiver to benami Aadhaar bank accounts [^0], among other things, calls to question the ability of Aadhaar to uniquely identify anyone and the sanity to link it to bank accounts, SIM cards or anything at all. The RBI has always been wary of the dilution of its traditional KYC [^1] and has repeatedly highlighted that at best, Aadhaar is a 3rd party ID. 3rd party IDs are unacceptable in banking across the world, the use of Aadhaar is contrary to the recommendations of the Financial Action Task Force (FATF), against the RBI's own extant guidelines, destroys customer records from banks and would be contrary to the purpose of the Prevention of Money Laundering Act (PMLA).

3. I trust you do not find it amusing 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 [^2]. The Aadhaar database and its processes to identify at enrolment, certify each number, authenticate the data associated with the number as having come from the certifying authority, update the data and restrict and track access of the data have never been audited. Furthermore no authority certifies and takes liability for identifying anyone, any address, resident status or even the existence of the person. I hope you recognise that by using it, the user is destroying the ability to distinguish real customers from ghosts.

4. As bank accounts liked to Aadhaar become Aadhaar enabled they allow AEPS to transfer money into or from such account as soon as they are linked to Aadhaar. 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). This means all money transfers through the AEPS to or from such bank account will be un-traceable and therefore, also irreversible. Money transfers to such account can now be hijacked by a "phishing" account that links itself to such Aadhaar number to receive money meant for the victim. Such money transfers may become impossible to track and reverse, as they do not leave any money trail. Crime committed using duplicate accounts opened with anyone's Aadhaar number will point to the victim, not the fraudster. This will also leave the victims defenseless and deprive them of recourse to justice.

Illegal and invalid notifications

In response to the drive to update Aadhaar I would like to draw your attention to the following:

1. Letters from you cite notification No. 13012/79/2017/Legal-UIDAI (No. 4 of 2017) of July 14th, 2017 [^3] issued by Dr. Ajay Bhushan Pandey, CEO UIDAI as the basis to threaten customers to link Aadhaar to the bank account. I draw your attention to the following:

   a) Para 2 of the said notification relies on Notification No.2/F .No. P.12011/11/2016-ES Cell-DOR [^4] 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) [^5] on June 1st 2017 as the basis to freeze bank accounts if they are not linked to Aadhaar.

   b) While clause (h) of the Prevention of Money-laundering Act, 2002 (15 of 2003) [^5] 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 of the Prevention of Money-laundering Act, 2002 (15 of 2003) [^5] does not allow for freezing of any asset or making it inoperable. Any rule claiming to make accounts inoperative is therefore invalid as it is a rule that cannot be made under the PMLA. Using invalid rules or pretend laws amounts to criminal misconduct.**

   c) Furthermore 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 being cited in the said notification by Dr. Pandey in para 2 have not been laid before, and approved by, the Parliament as required [^6] by parliamentary procedure [^7] and is therefore not law. Using this notification to force linkage to Aadhaar amounts to using pretend laws and is a criminal misconduct.**

   d) Para 3 and para 7 of the said notification relies on section 12A Aadhaar (Enrolment and Update) (Second Amendment) Regulations, 2017 (No. 2 of 2017) and the Aadhaar (Enrolment and Update) (Third Amendment) (No. 3 of 2017) that may require any Scheduled Bank which requires Aadhaar to set up enrolment centres. Section 54 of the The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016 [^8] does not provide any power to the UIDAI to make regulations to cause any entity to set up enrolment centres. **Section 12A and all notifications, including notification No. 13012/79/2017/Legal-UIDAI (No. 4 of 2017) of July 14th, 2017 [^9] relying on it are, therefore, invalid.**

   e) Furthermore, the use of Aadhaar for linking to other databases, retention, storage or publishing is not only not permitted but prohibited and also a punishable offence under sections 8, 29 and 37 the The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016 [^8]. **Anyone asking to retain, link, store or publish the Aadhaar, would be in violation of the Aadhaar Act.**

   f) Para 8 of the said notification threaten action under section 42 of the The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016 [^8] for non compliance of the directions of the said notification. Section 42 is only applicable to offences created under the Act or its Regulations. Since banks do not come under the Aadhaar Act or its Regulations, there cannot be any penalty for any non compliance of illegal and invalid notifications. **Complying with notifications based on illegal and invalid notifications that are coercive or cause criminal misconduct cannot cause such compliance to be legal, valid or to be excused as laid down under the precedent of the Nuremberg trials.**

   g) Furthermore section 7 of the The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016 states that "Provided that if an Aadhaar number is not assigned to an individual, the individual shall be offered alternate and viable means of identification for delivery of the subsidy, benefit or service." **All bank customers have already provided many alternate means of identification on the basis of which you have been providing them with banking services since independence.**

Contempt of Supreme Court

2. More than a dozen PILs challenging the creation, validity and use of Aadhaar, the risks it puts citizens, institutions, the economy and the nation to, the legal validity of the Aadhaar Act and the validity of linking Aadhaar to PAN, banking, telecom and several other services are pending before the Supreme Court from 2012. The court has passed several unambigous orders restricting the use of Aadhaar, stating that it cannot be mandated and that no person can be made to suffer for not getting the Aadhaar. The court has underlined that these remain in force till the issues raised by the PILs are finally addressed and the matter is settled. The Supreme Court has not vacated these orders, and the matter has not been finally settled.

   a) In its first order of September 23, 2013 [^10] 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"**. You cannot cause any person to suffer inspite of any authority having mandated Aadhaar. **Anyone threatening or blocking of services would amount to causing suffering and a contempt of the Supreme Court of India.**

   b) In its order of August 11, 2015 [^11] 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:

   i) "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;"**

   ii) "**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".

   c) In its order of October 15, 2015 [^12] the 5 member bench ordered that:

   i) "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 [^13] 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". **This does not include use of Aadhaar in banking. Anyone using of Aadhaar for banking would amount to a contempt of the Supreme Court of India.**

   ii) **"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 [^14]".**

   iii) **"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".**

Your Commitment to protecting your customers

3. Your sharing your efforts to ensure the rights, deposits and investments of your customers do not suffer in anyway because of any coercion, illegal and invalid pretend laws, contempt of the orders of the Supreme Court or violation of the The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016 [^8], bring these facts to the attention of anyone who insist on mandating Aadhaar, your complaints and notices to cancel the said notifications, would be a useful step to reiterate confidence in your bank. I trust you will highlight the exemplary steps you have taken to put an end to the use of Aadhaar in banking, ensure that no one causes threats, or obstructs functioning of any accounts, to protect all customers from any sort of deficiency of service, unfair trade practice, prosecution and charges for payments dishonored, inconvenience, mental agony, suffering and harassment, caused by anyone coercing the use of Aadhaar.

..1. I trust you will agree that it is your job to ensure that every notification you follow or cause customers to comply is legal. Your confirmation that the Notification No.2/F .No. P.12011/11/2016-ES Cell-DOR and No. 13012/79/2017/Legal-UIDAI (No. 4 of 2017) are illegal and invalid, and that you will not be coerced into implementing illegal notifications, will go a long way in providing reassurance that the bank protects its customers from risks of illegalities and theft of their assets.

..2. Your confirmation that you will end the use of Aadhaar in the bank will go a long way in providing reassurance that you are not continuing to be in contempt of the court, nor are you forcing your customers to be in contempt of the Supreme Court.

..3. A mail from you in confirmation that you value my business and will therefore continue to protect my money, and my access to it, would go a long way to reassure me that I can continue to bank with you.

Thanking you for your support as always,
Sincerely,
Nikhil Sheth
Pune, India

CC

1. Shri. P.K.Sinha, Cabinet Secretary, South Block, Raisina Hill, New Delhi-110011 cabinet@nic.in
2. Shri Nripendra Mishra, Principal Secretary to Prime Minister, 152, South Block, Raisina Hill, New Delhi-110011
3. Dr Urjit R Patel, Governor, Reserve Bank of India, 16th floor, Central Office Building, Shahid Bhagat Singh Marg, Mumbai - 400 001 urjitrpatel@rbi.org.in, governor@rbi.org.in
4. Registrar, Supreme Court of India, Tilak Marg, New Delhi-110 201 For the attention of the bench hearing WP(C) 494/2012


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