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sflc.in @SFLCin
, 4 tweets, 2 min read Read on Twitter
The Ministry of Corporate Affairs is still asking for mandatory quoting of #Aadhaar in the DIR-3 KYC form for the purpose of updating KYC details of anyone who has been allotted a Director Identification Number(DIN) on or before March 31, 2018.
The form does not show #Aadhaar as a mandatory field but at the time of submission, it gives an error message if the field is left empty.
mca.gov.in/Ministry/pdf/C… .
Also, the FAQs related to it instructs that quoting #Aadhaar is mandatory for citizens of India.

mca.gov.in/MinistryV2/dir…
This is in violation of the Supreme Court's order dated March 13, 2018 that extends the deadline to link #Aadhaar with various services ( apart from the benefits, subsidies and services covered under Section 7) till the judgment in the matter is pronounced.

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More from @SFLCin see all

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Today, the Government introduced the Aadhaar and Other Laws (Amendment) Bill, 2018 in Lok Sabha, which proposes to amend the Aadhaar Act, The Telegraph Act and the Prevention of Money Laundering Act. A copy of the Bill, can be accessed here - sflc.in/aadhaar-and-ot… #Aadhaar
The Bill seeks to bring amendments to the Telegraph Act and the Prevention of Money Laundering Act to enable voluntary seeding of Aadhaar details with phone connections and bank accounts. #Aadhaar
The Supreme Court in its Aadhaar judgment had struck down that part of Sec. 57 of the Aadhaar Act which enabled private entities to use authentication services calling it unconstitutional. The court held that this enabled commercial exploitation of biometric and demographic data.
Read 11 tweets
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On December 20, 2018, the Ministry of Home Affairs issued a statutory order authorizing 10 agencies to intercept, monitor and decrypt communications of citizens. The order may be read, here - bit.ly/2rYlx0z #Surveillance
The agencies authorized by MHA include - Intelligence Bureau, National Investigating Agency and Commissioner of Police, Delhi. The order was issued under existing powers given to the MHA as per Section 69 of the IT Act, 2000 and corresponding rules. #Surveillance
Section 69 empowers the govt. to issue directions for surveillance of communications. The corresponding rules empower the MHA to notify other govt. agencies which can perform such surveillance. Thus, these agencies have been notified under existing rules under the IT Act.
Read 20 tweets
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Join us for an important discussion on misinformation in the digital era in Delhi, Bangalore and Mumbai.
We would love to hear from @factlydotin @FactCheckIndia @check4spam @timesfactcheck @boomlive_in @fact @AltNews
Also, @ektanewsco
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Bench consisting of CJI, Justices Chandrachud, Sikri, Khanwilkar and Bhushan to sit shortly to deliver Aadhaar judgment. #Aadhaar
Bench assembles.
Sikri,J's judgment concurred by CJI and Khanwilkar,J.
Read 65 tweets
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#Aadhaar hearing. Rejoinder to continue. Gopal Subramanium Sr. Advocate is ready and waiting for the Bench to assemble. Will try and capture as much as possible in tweets, but is tough to keep pace when he is in his zone and in full flow :)
GS: On all notifications on Section 7. Each of the notifications are in furtherance of the dignity of the individual. If that is so, there is no question of imposing conditions when dignity is an inherent and inalienable right.
Sikri J asks about deduplication and therefore reaching the correct targeted beneficiary.

GS: If it is indeed such a affirmative action law, it needs to stand constitutional scrutiny. Stated purpose of the law is not necessarily the proper purpose of the law for constitutional..
Read 76 tweets
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#Aadhaar hearing. Arvind Datar, Sr. Advocate appearing for MG Devasahayam and others, petitioners.

Briefly Shyam Divan and Arvind Datar press for interim directions. CJI promises to hear once A-G is here.
A-G is now here. But APD has started arguing.

He says he challenges Bank Aadhaar linking. He says he challenges all notifications under Section 7, PMLA Rules, Section 139AA of IT Act.
APD showing how the new PMLA rules are contrary to RBI circulars issued earlier.
Read 28 tweets
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Classic example of disasters in not differentiating aadhaar authentication, eKYC, eSign, eMandate. Everything needs only one OTP and no knows what transaction happens in backend. @India_Stack will be happy because all they care is volumes not user interest. #Consent #Fraud
A simple way of fixing this mess, is to not allow signatures by just sharing OTP, but involve some bit of user action and adding friction to make sure signatures can't be made with just OTP. User can send a SMS from registered mobile with SIGN <OTP_SENT_TO_ENTITY> to get SIGNOTP
What this would mean is, while signing is still happening through the same set of APIs, it codifies user action, which reduces frauds like these. eSign still has more issues, but this is rudimentary.
Read 17 tweets
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#Aadhaar hearing. To resume shortly. Shyam Divan to continue for the Petitioners. He is expected to complete his submissions in the first half today. However more petitioner arguments by other counsel to follow. Thread.
SD continues to read the affidavit of Mr. Siraj Dutta who did an investigation into two Aadhaar related starvation deaths in Jharkhand. (Premani and Etwarya Devi).
Discloses the following problems.

1. Premani pension transferred to someone else. Noone was aware until his investigation happened. Because the other person's aadhaar was linked to Premani's Aadhaar. (The NPCI mapping problem, which is now quite famous.) ...
Read 76 tweets
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#Aadhaar interim hearing thread.
Shyam Divan senior advocate commences arguments for petitioners.
SD quoting the earlier orders starting from 23.09.2013 after reading the 03.Nov.2017 orders noting that there would be a final hearing at the end of Nov.
Read 33 tweets

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