With the Supreme Court declaring Section 57 of the Aadhaar Act as unconstitutional, bank account-holders, e-wallet or mobile wallet users and mobile subscribers are no longer required to use their Aadhaar number.
In fact, those who have already linked their Aadhaar number with bank account and mobile numbers can delink it. Some banks have already started allowing customers to delink Aadhaar number from their account numbers. Others will have to follow suit after the judgement by the Supreme Court.
At the same time, a few banks like ICICI Bank are continuing to bombard its customers with a message to get an Aadhaar number from its enrolment centres.
Mobile wallet company Paytm is still asking people for Aadhaar number. On Thursday morning, one of our readers Prasad S found four-five executives from Paytm selling account for free with just an Aadhaar number. When Mr Prasad confronted them, they backed out and said the customer can provide any other valid ID proof.
Here is what the Supreme Court has stated about use of Aadhaar by private entities, in its 26th September judgement on Aadhaar…
Page 560-561:
(h) Insofar as Section 57 in the present form is concerned, it is susceptible to misuse inasmuch as:
a) It can be used for establishing the identity of an individual ‘for any purpose’. We read down this provision to mean that such a purpose has to be backed by law. Further, whenever any such “law” is made, it would be subject to judicial scrutiny.
b) Such purpose is not limited pursuant to any law alone but can be done pursuant to ‘any contract to this effect’ as well. This is clearly impermissible as a contractual provision is not backed by a law and, therefore, first requirement of proportionality test is not met.
c) Apart from authorising the State, even ‘any body corporate or person’ is authorised to avail authentication services, which can be on the basis of purported agreement between an individual and such body corporate or person.
Even if we presume that legislature did not intend so, the impact of the aforesaid features would be to enable commercial exploitation of an individual biometric and demographic information by the private entities.
Thus, this part of the provision, which enables body corporate and individuals also to seek authentication, that too on the basis of a contract between the individual and such body corporate or person, would impinge upon the right to privacy of such individuals. This part of the section, thus, is declared unconstitutional.
So, here is how you can delink your Aadhaar from bank account, e-wallet or mobile number...
1. Visit official website of your bank, e-wallet or mobile service-provider. Login to your account and in your personal details or profile, find the option to de-link your Aadhaar number from the account. Once de-linked you will receive an SMS confirming the same.
2. If there is no provision for online de-linking of Aadhaar, then use the form below and submit it to the branch manager of the bank where you have an account. Do not forget to take acknowledgement on your letter from the Branch Manager with bank's stamp/seal for letters. Since many bank branches share their email ID as well, you can send the application given below through email with a copy to senior officials in the bank.
3. For other service-providers, you will have to send the same form with some modifications by email to the customer services. In that case, make sure you have enabled read receipt for the email.
4. Email IDs of most of the chairmen, managing directors (MD) and chief executives (CEO) can be found on Internet. Most of these would be generic, like chairman@xxxx.com or md@xxxxx.com or ceo@xxxxx.com
Application for Delinking Aadhaar Number
Date:
Branch Manager
xxxx Bank
Address:
(for mobile and e-wallets, write to the Head-Customer Services with copy to CEO/MD)
Subject: Delinking my Aadhaar Number from my bank account/mobile number/e-wallet as per order from the Supreme Court of India dated 26 September 2018
Reference: My bank account no. xxxxxx/mobile no. xxxx/ e-wallet ID...... (delete whichever is not required)
In exercise of my Fundamental Rights to Life and Liberty, Privacy Rights and other Fundamental Rights conferred upon me by Part III of Indian Constitution, I hereby absolutely revoke the permission granted by me to cite, use, quote, manage or in any other way deal with the following:
(1) My Aadhaar number,
(2) My Aadhaar card photocopy,
(3) My demographic information,
(4) My biometric details, including fingerprints and iris scan etc.
The list is just illustrative and must not be treated as exhaustive.
The above-mentioned prohibitions include, but are not limited to; Aadhaar based E-KYC or other authentication or identification methods using Aadhaar in any manner whatsoever.
Please note that as per the order from the Constitution Bench of Hon’ble Supreme Court, Aadhaar is absolutely optional for all purposes including Jan Dhan accounts, bank accounts, mobile number verifications, stock dealings, passports, provident fund, pensions, salary, and admissions. Please seefor the order of Supreme Court and other details that clearly prove that Aadhaar is absolutely optional for enrolment and linking.
This application has been made in duplicate and you are requested to countersign on my copy to acknowledge the due receipt of the same. Any further dealing with my Aadhaar number or details in any manner whatsoever after the date of this application would be treated as violation of my Fundament and Statutory Rights and I reserve all rights to take legal action you for the same.
Sincerely yours,
Name & Signature
Date:
Place:
CC
1. MD/CEO of the bank/mobile service-provider/e-wallet (send letter to registered address/ emails you can find out from the Internet)
