Telcos Have Ignored SC Verdict, Still Using Aadhaar For Issuing Mobile SIM Cards

Leading telecom companies are using Aadhaar-based eKYC for issuing mobile SIM cards almost a month after the Supreme Court prohibited its use.

Several telecom company executives told TOI that the eKYC or Aadhaar's biometric facility "is still being used" as it is "one of the most convenient and user-friendly ways to on-board customers without the hassle of paperwork or time-consuming authentication".

They cited the absence of specific instructions from the department of telecom (DoT) on the matter and added that they will continue to use the eKYC Aadhaar until they are explicitly barred by the government.

"We will wait for a specific instruction from the department of telecom (DoT) on the matter before discontinuing the facility," a top industry official said.

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A senior official at Unique Identification Authority of India (UIDAI), however, said that telecom companies may be at variance with the Supreme Court order. "We have alerted DoT about the issue. The matter has to be dealt by it," the official said.

On October 1, pointing to the SC order, UIDAI had written to telecom companies saying "Aadhaar services cannot be used for certain services like acquiring and verifying mobile connections". It had also asked the operators to provide a plan by October 15 to stop the use of Aadhaar-based authentication. "If the Authority (UIDAI) does not receive any communication to this effect within the stipulated timeline, the authentication services shall be terminated without any further notice," UIDAI had said. It had also warned that telecom companies "may be liable for contempt of court for any non-compliance".

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The telecom industry has been disappointed with the SC's September 26 order as they are of the view that eKYC was easier and faster for customer authentication instead of using time-consuming paper-based verification methods through documents such as passport, PAN card, driving licence, and voter ID.

Senior DoT officials said "we are aware" of the matter and are working out a solution. "Instructions with regards to prohibition of Aadhaar eKYC will be given out soon," a senior official said. However, the official added that the alternate methods will also be suggested to carry out a fast, seamless authentication.

Another official said, "There is nothing illegal about what the mobile companies are doing at this moment. We are studying the judgement currently. We will also need to give a ¡®reasonable time' to the mobile companies to move over to newer processes."

The government recently said that it plans a new process to issue mobile SIM cards in a hassle-free manner after the prohibition on Aadhaar-based e-KYC authentication process.

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"In the proposed process, live photograph of the person with latitude, longitude, and time stamp will be captured. The photo of her ID such as Aadhaar card, voter ID, etc., will be captured. The SIM card agent will be authenticated through OTP and SIM card will be issued. This process will be completely hassle-free and digital," UIDAI and DoT said in a statement.

Telecom industry body Cellular Operators Association of India DG Rajan Mathews said they will wait for the orders from the telecom department. "Telecom operators always comply with instructions and regulations passed by DoT and we will adhere to the Supreme Court's verdict. We shall await further orders and instructions from DoT. We believe that Aadhaar is a robust and convenient method of subscriber authentication."

Mathews further said that the industry is closely working with the telecom department to build a completely hassle-free alternate digital verification process. "Customers' convenience tops the priority for our member operators and the industry is committed to ensure that subscribers face no disturbances whatsoever."