The Lok Sabha has recently approved the Aadhaar And Other Laws (Amendment) Bill, 2018. This Bill was introduced with an aim to amend three existing laws: The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, The Indian Telegraph Act, 1885, and The Prevention of Money Laundering Act, 2002. The primary objective of this Bill is to modify existing legislation to implement the Supreme Court’s decision made in September 2018. This ruling validated Aadhaar but disallowed private companies from seeking Aadhaar for authentication and limited its use to only certain subsidies and schemes financed by the Consolidated Fund of India.
Provisions in the Bill
Several key provisions were addressed in the Aadhaar And Other Laws (Amendment) Bill, 2018. This began with permitting the enrolment of children into the scheme upon the consent of their parents or guardians. Once reaching adulthood, children can choose to opt out of Aadhaar. The amendment also enables offline verification, allowing an individual’s identity to be validated via Aadhaar number without having to rely on electronic means or biometric data.
Introduction of Virtual ID and More
Another significant change highlighted by the Bill is the introduction of ‘virtual ID’. This alteration broadens the definition of ‘Aadhaar number’ to include a 16-digit Virtual ID, which can be utilized to verify identity without providing an actual Aadhaar number.
Moreover, the Bill has suggested that the power to issue orders for Aadhaar information disclosure should be transferred from a District Judge to a High Court Judge. It also emphasizes the importance of hearing the holder of the Aadhaar number before issuing such an order.
Other Important Provisions
Other important changes proposed by the Bill include ensuring non-denial of services due to authentication failure, introducing civil penalties for improper collection, use, and disclosure of Aadhaar information, and omitting Section 57 of the Aadhar Act that previously allowed private entities to use Aadhaar number for identity verification.
HTML Table of Some Facts
| Provisions | Description |
|---|---|
| Enrolment of Children | Permits enrolment of children with parent or guardian consent. Allows opting out upon reaching adulthood. |
| Offline Verification | Allows identity verification using Aadhaar number without electronic or biometric means. |
| Virtual ID | Expands definition of ‘Aadhaar number’ to include ‘virtual ID’ for identity verification. |
| Disclosure Authority | Shifts authority to issue orders for Aadhaar information disclosure from District Judge to High Court Judge. |
Amendments in Telegraph Act, Bank Accounts and UIDAI Fund
Moreover, this amendment Bill suggests changes to the Indian Telegraph Act 1855 to allow the voluntary use of Aadhaar for identity verification by telecom companies. Aadhaar can also be voluntarily used for identity verification before opening bank accounts according to the proposed changes in the Prevention of Money Laundering Act.
The Bill also introduces a modification in the UIDAI fund. It will no longer credit all fees and revenue collected by the UIDAI to the Consolidated Fund of India. Instead, a new fund called the Unique Identification Authority of India Fund will be created.
The implementation of these changes will significantly transform the current use and administration of Aadhaar numbers in India.