How To Refuse Demand For Aadhaar By Banks, Mobile Companies, Govt Departments, Etc Legally

Aadhaar is absolutely optional and no body can force you to either enroll or link the same with any service whatsoever.

This is so even after the Aadhaar Act, 2016 that is of no legal significance as it violates the interim order of Constitution Bench of Supreme Court of India.

Further, the constitutionality of Aadhaar Act, 2016 itself is in doubt and Supreme Court would declare it unconstitutional very soon.

If you receive any demand for Aadhaar enrollment or linking by any bank, mobile company, PF office, ration shop, employment exchange, school, etc, simply refuse to comply with that illegal demand.

Just attach this Aadhaar refusal form (pdf) for refusing to enroll or link your Aadhaar with any service.

Send Form (a) By Hand (b) Send By Registered AD © Paste At Bank’s/Mobile Co’s Premise (d) Send By E-Mail (e) Share At Twitter

Source: Aadhaar Law.

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Procedure To Delink Aadhaar From All Services In India

Aadhaar is absolutely optional as per the interim order of Constitution Bench of Indian Supreme Court.

However, Indian government has coerced and forced crores of Indians to enroll for Aadhaar and then link it with various services.

We at Perry4Law Organisation (P4LO) have drafted a delinking form (pdf) that people can use to delink their Aadhaar from every service or purpose.

Use it liberally and escape from being a digital slave forever. Once this is done, we can scrap Aadhaar permanently from India.

Send Form (a) By Hand (b) Send By Registered AD © Paste At Bank’s/Mobile Co’s Premise (d) Send By E-Mail (e) Share At Twitter

Source: Aadhaar Law.

Aadhaar Is Absolutely Optional For Government Or Private Services Or Purposes In India

Indian government has been pushing Aadhaar in every sense by lying and coercion methods, even when Supreme Court of India has clearly mentioned that Aadhaar is absolutely optional.

The truth is that Aadhaar is absolutely optional for all purposes and services in India. This applies to both government and public services and none can demand Aadhaar for these services or purposes.

Any person or organisation demanding Aadhaar is in contempt of court and you can sue him/her/it.

Use these forms (pdf), drafted by Perry4Law Organisation And Praveen Dalal, to @ScrapAadhaar in India:

(1) Aadhaar Refusal Form,

(2) Aadhaar Delinking Form.

Source: Aadhaar Law.

Aadhaar Is Not Mandatory For Stock Markets, Stock Exchanges And Stock Trading In India

Media industry of India is doing what it does best i.e. spreading fake news and fear mongering about illegal and unconstitutional projects like Aadhaar. The latest example is spreading false news that Aadhaar is mandatory for stock trading in India. This is totally false and Aadhaar is absolutely optional for all purposes in India including stock trading.

Obviously, agents and consumers working in the stock exchanges, stock markets or stock trading can simply ignore this illegal and unconstitutional demand of Aadhaar as Aadhaar is unconstitutional. The least they can do is to seek more time on a regular basis so that Aadhaar remains in the cold storage forever.

Readers must be aware that Aadhaar is not mandatory for even services proposed under the Aadhaar Act, 2016 and there is no case it can be made mandatory for mobile re-verification, tax filing, and permanent account number (PAN), bank accounts, money laundering norms, stock trading, etc.

So stop relying upon fake news and rumours and sternly refuse Aadhaar if demanded by your agents, brokers or SEBI. Aadhaar is a Constitutional Anomaly and it violates your Fundamental Rights. If you have already enrolled for Aadhaar, deseed Aadhaar from all services where you have seeded it. You have a right to opt out of Aadhaar and ask for destruction of your biometric collected illegally and unconstitutionally by Indian government.

Do not be a digital slave for your lifetime and demand enforcement of your Fundamental Rights by Supreme Court. If Supreme Court gives per Incuriam judgment or refuses to protect your Fundamental Rights, you are the last line of defense in this regard. So be brave and do not be a coward Aadhaar slave or you would be targeted for DNA profiling next.

Bombay High Court Delivers Per Incuriam Decision Regarding Aadhaar

Judgments of Supreme Court are binding upon High Courts. Similarly, judgments of higher bench of Supreme Court are binding upon smaller benches of Supreme Court. As on July 2017, Aadhaar is absolutely optional due to interim order (pdf) of Constitution bench of Supreme Court. This is a clearly settled rule that is well within the knowledge of all High Courts of India. So any High Court that deviates from this optional rule of Aadhaar would be only giving a Per Incuriam judgment. Further, the doctrine of Stare Decisis has to be tested in the context of interim order of Constitution Bench of Supreme Court.

In one such bizarre judgment, the Bombay HC refused relief to a Mumbai resident who insisted on not getting an Aadhaar card for himself and his son for college admissions. This decision is not only Per Incuriam but also a clear deviation from the Stare Decisis doctrine. This also means that judicial discipline and constitutional arrangement between High Courts and Supreme Court is no more applicable in India.

Surprisingly, the Bombay High Court first suggested the petitioner to get enrolled for Aadhaar and in the meanwhile, it would ask his son’s college to keep a seat vacant. But the petitioner refused, citing a 2015 Supreme Court order that said Aadhaar is a voluntary decision. The petitioner was well within his rights to do so as his Fundamental Rights protects any forced Aadhaar enrollment.

However, the HC bench of justice BR Gavai and justice Riyaz Chagla said the petitioner was being adamant merely for the sake of argument. “We fail to understand the instance of not obtaining the Aadhaar card. It appears the petitioner is adamant and wants to take a stand only for the purpose of adamancy. We are therefore not inclined to grant interim relief,” the bench said. Now what type of logic and legal reasoning is this? If a person wishes to enforce his Fundamental Rights, how can a High Court refuse to comply with the same?

What is more surprising is that even the state resolution only directed educational institutes to conduct Aadhaar registration drives for students and it did not make Aadhaar a binding requirement for admission or readmission. The Bombay High Court even ignored this ground reality.

Petitioner must challenge this decision of Bombay High Court in Supreme Court immediately. This is not how career of young and brilliant minds must be jeoparadised for an unconstitutional technology like Aadhaar. Even Supreme Court must now wake up before people start ignoring Judiciary altogether.

Aadhaar Is Not Mandatory For Bank Accounts And Bank Purposes

Banks have been harassing their customers in the name of seeding of Aadhaar with customer’s bank accounts. Some banks even tried to impose a restriction on deposit and withdrawal of cash unless Aadhaar is seeded with bank account. However, vigilant citizens foiled all these attempts of banks and Indian government so far.

Now government and banks have once again started harassing the bank customers. As per the Reserve Bank of India (RBI) directions, Aadhaar is absolutely optional for banking purposes, including direct bank transfer (DBT).

Even a Constitution Bench of Supreme Court has made Aadhaar optional (pdf) till the matter is decided by it finally. The constitutionality of Aadhaar and Aadhaar Act, 2016 has already been challenged before the Supreme Court.

In fact, Indian must block their biometric and deseed Aadhaar from all services and purposes as soon as possible. But both biometric blocking and Aadhaar deseeding must be done together for stronger protection.

If you have already seeded your Aadhaar with a bank account, ask your bank to deseed it. No bank can refuse to deseed your Aadhaar form the bank account if you have complied with other KYC requirements. Such KYC requirements can be complied with by giving other government approved documents like PAN, driving license, passport, etc.

Aadhaar is not needed for:

(1) Opening of a bank account or continuing the same in an uninterrupted manner,

(2) Uninterrupted cash deposits and withdraws, subject to citing of PAN in some cases,

(3) Opting for Internet banking, digital payments, etc without Aadhaar clubbing,

(4) For money laundering issues that Indian government and its authorities are required to manage,

(5) For checking terrorism funding or any other illegal activity involving money of a person, etc.

The list is just illustrative and many more cases would be covered by this list in future.

So Aadhaar is optional for all purposes, including for banking related issues. If any bank or other institution asks for Aadhaar, simply refuse the same citing interim order of the Constitution Bench.

Aadhaar Is Not Mandatory For PAN And Tax Returns Even In July 2017

Many people have asked us whether quoting of Aadhaar is mandatory or not for tax returns or PAN purposes. Recently Supreme Court gave a very complicated judgment in this regard where one thing was dependent upon another.

For instance, the constitutional validity of Section 139AA (1) has been partially approved subject to final decision of the Constitution Bench of Supreme Court. Further, constitutional validity of Section 139AA (1) has also not been tested on the more stringent touchstone of Article 21 and other Fundamental Rights. Even the limited constitutional validity of Section 139AA (1) is subject to the final decision of the Constitution Bench.

Section 139AA (2) has also been severely read down by Supreme Court making the entire Section 139AA toothless. No penal action, including cancellation of PAN card, can take place now till the matter is finally decided by the Constitution Bench of Supreme Court.

So for all practical purposes, Supreme Court of India has made Aadhaar optional for Section 139AA. As a result no return would be rejected or any PAN would be cancelled for not quoting Aadhaar.

Even in July Aadhaar would be optional keeping in mind the settled legal and constitutional position in this regard.

Please see the true interpretation and impact of recent Supreme Court’s judgment on Section 139AA here.