GOVERNMENT OF INDIA
MINISTRY OF  COMMUNICATIONS
LOK SABHA
UNSTARRED QUESTION NO 3536
ANSWERED ON   02.01.2019
Aadhaar based e KYC for Issuing SIM Card
3536 . Adhikari Shri Sisir Kumar
Will the Minister of COMMUNICATIONS be pleased to state:-
(a) whether Telecom Service Providers (TSPs) are using Aadhaar based eKYC to issue SIM cards and if so, the details thereof and the reasons therefor;

(b) whether the apex court has directed the TSPs to prohibit use of Aadhaar Card as identification of mobile subscribers and if so, the details thereof;

(c) whether the TRAI has issued directions to TSPs to comply with the said order of the apex court and if so, the details thereof;

(d) whether the TSPs are terminating the services of pre-paid customers without any warning/notice issued to them and if so, the details thereof and the reasons therefor; and

(e) the instructions issued by TRAI in this regard and the reaction of TSPs thereto?
ANSWER
THE MINISTER OF STATE (IC) OF THE MINISTRY OF COMMUNICATIONS &
MINISTER OF STATE IN THE MINISTRY OF RAILWAYS
(SHRI MANOJ SINHA)

(a) to (c) In pursuance to Hon’ble Supreme Court judgement dated 26.09.2018 in W.P. (C) 494/2012 {Justice KS Puttaswamy (Retd) & Anr. V/s UoI & Ors.} and connected matters, the Department of Telecommunications (DoT), vide its order dated 26.10.2018, has directed all Telecom Service Providers (TSPs) to discontinue the use of “Aadhaar” e-KYC service of Unique Identification Authority of India (UIDAI) for issuing new mobile connections to subscribers and re-verification of existing mobile subscribers.
Further, the TSPs have been directed by DoT to accept the copy of physical Aadhaar or e-Aadhaar letter (as downloaded from UIDAI website) as Proof of Identity/Proof of Address (PoI/PoA) document, if offered voluntarily by the subscriber, for issuance of new mobile connections. TRAI has not issued any direction to TSPs in this regard.

(d) & (e) Some TSPs have implemented pre-paid tariff plans wherein the terms & conditions include the condition of recharge every 28 days to continue to avail uninterrupted services and benefits of the tariff plans. Failure to comply with the prescribed mandatory recharge will result in stoppage of service. The TSPs are conveying this requirement to subscribers through public notices and individual SMS (Short Message Service). On 27th November, 2018, TRAI has issued a letter to all TSPs not to disconnect the services where adequate prepaid account balance exists.

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