The department of telecommunications in its circular published in March 2017 made it compulsory for everyone to link their mobile number with the Aadhar card. From then onwards, Telecom Companies have been pelting and pursuing their customers with SMS and Call alerts to get their numbers linked with Aadhar Card in order to avoid disconnection.
Kalyani Menon, a feminist researcher and activist has filed a fresh petition in Supreme Court challenging the above circular and another rule which made mandatory linking of Bank Accounts with Aadhar numbers. The petitioner contended that the government has not come up with any alternative to making the aadhar as the sole identifying proof. It also submitted that the above said circular violates the constitutional and fundamental rights of the citizens as well.
Rule 2(b) of the Prevention of Money Laundering(Maintenance of Records) Second Amendment Rules 2017 has also been challenged by the petitioner which made it compulsory for the companies, individuals, firms, trusts etc. to submit their Aadhar details before 31st December, 2017 for opening of the bank account, maintaining existing accounts and while making any transactions which involve a sum of more than Rs. 50,000, failing to do so would result in rendering the concerned bank account inactive for an unlimited period of time.
The petition considered the circular to be the violation of Article 300A of the constitution as rendering the bank accounts inactive without the authority of law is a constitutional right violation as it protects the right to be not deprived of property without the due process of law.
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