The Supreme Court recently declared that privacy is a fundamental right.
But most telecom operators continue to pressure their users for mandatory Aadhar linkage - thereby violating individual privacy.
What is the linking process?
Re-verification requires a user to visit a telecom service centre and undergo a biometric (fingerprint) authentication.
The fingerprints are then matched with the Aadhaar database to establish authenticity.
The messages and calls for Aadhaar linking have only increased in frequency with time.
Some operators have even issues threats of disconnection if linkage doesn’t happen with a specified time.
What are the legal issues?
The Framework - The Centre is the custodian of the airwaves.
It issues licences to private companies for providing mobile voice and data services.
Telecom operators are governed by regulations by the Department of Telecommunications (DOT).
This includes clauses for subscriber verification.
Aadhaar Issue - A series of circulars issued by the DOT from March 2017 onwards.
These directed the telecom operators to re-verify their existing subscribers through Aadhaar authentication by February 2018.
Court orders – Courts have limited the Aadhaar programme to a voluntary program restricted to specific services.
The government instead is pushing for its use in mandatory re-verification.
Even when viewed independent of court orders, the DOT circulars stands no grounding in law.
What lies ahead?
Irrespective of legality, the aggressive push for Aadhaar linking continues to instil fear in people that their mobile phone connections will be disconnected.
This is especially problematic, as the Supreme Court has indicated that the pending Aadhaar litigations will be heard in November.
