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Linking Aadhaar to bank accounts is a recipe for creating benami[2] bank accounts and scaling benami bank transactions. It threatens to destroy your bank accounts and destroy the country’s banking system. It’s devastating that the integrity of banking processes is being destroyed by dividing, outsourcing and privatising processes integral to core banking so that they become the responsibility of no one.

Linking Aadhaar[1] to bank accounts is a recipe for creating benami[2] bank accounts and scaling benami bank transactions. It threatens to destroy your bank accounts and destroy the country’s banking system. It’s devastating that the integrity of banking processes is being destroyed by dividing, outsourcing and privatising processes integral to core banking so that they become the responsibility of no one.

Destroying the banking system

India’s Department of Revenue (DoR) has done it again.

On June 1, 2017 vide Notification №2/F .No. P.12011/11/2016-ES Cell-DOR it mandates the linking of every bank account with an Aadhaar number before December 31, 2017. While lawyers point out several illegalities, including the scope, of the notification of this subordinate legislation under the Prevention of Money Laundering Act (PMLA), the failure of the DoR to consistently protect national interest is unbelievable.

A few days back a co-panelist on a TV channel defended the DoR arguing that linking Aadhaar to Bank Accounts will weed out money laundering by verifying bank accounts. What my co-panelist did not say is money laundering is facilitated by creating benami accounts. It is also facilitated by benami transactions. Nor did my co-panelist explain how benami accounts happen or how benami transactions are scaled by money-launderers.

This latest notification ensures that the Trojan horse that they instilled into the banking system on January 27, 2011, will destroy the Indian economy along with the Indian banking system. As feared by the Reserve Bank of India before January 2011, Aadhaar is yet the best state sponsored enabling mechanism for money launderers to enable benami bank accounts. Aadhaar can even help the money launderer to take over your bank accounts. Aadhaar is also the enabler to scale benami transactions.

Here are just 5 ways in which linking the Aadhaar to PAN[3] or a bank account will hurt you, destroy India and, for those who care, an explanation of how Aadhaar creates benami bank accounts and scales benamitransactions.

The innocent will lose money, reputation and access to justice, dignity and livelihood

One, the innocent will lose money, reputation and access to justice, dignity and livelihood as their Aadhaar numbers can act as mules for money laundering, their subsidy and other Aadhaar enabled payments can be easily compromised, their access to their own bank accounts be denied, or they can be framed for economic offences. Helpless citizens and businesses may also find themselves at the receiving end of covert human rights violations as even their access to money and existence is disabled by deactivation or blocking of Aadhaar leaving no recourse to survival.

Linking Aadhaar to bank accounts or PAN converts India into the new tax haven for money launderers

Two, linking Aadhaar to bank accounts or PAN converts India into the new tax haven for money launderers as it becomes easy to remotely create benamiaccounts and operate benami transactions while claiming complete legitimacy. This will destroy India’s economy and governance.

Financing crime and terrorism will grow uncontrollably

Three, financing crime and terrorism will grow uncontrollably as it becomes increasingly difficult to discover, report or close down such operations. This will make it impossible to ensure national security as the rule of law is destroyed.

Corruption will increase

Four, corruption will increase as it becomes easier when proceeds will not be traceable to the corrupt. It will be increasingly difficult to restore swarajya and impossible to ensure suraiya.

Banks will not be able to contain non-performing-assets

Five, banks will not be able to contain non-performing-assets, fraud and financial misappropriation as the real users of banking services will be untraceable. The economy will be completely out of control as the black and white economies become indistinguishable.

We are in a policy vacuum as the NITI Aayog and the bureaucracy have failed to recognise the Trojan horse and protect national interest. Unless the RBI de-licenses the payments systems based on Aadhaar (AEPS) immediately and the government stays linking Aadhaar to PAN and bank accounts, our leadership will have failed to protect India from this fast colonisation of India by the private interests driving Aadhaar.

Enabling Benami Bank Accounts

Benami accounts get created when banks fail to identify the real customers who own the accounts. The Panama Papers exposed data of thousands of benami accounts created through a Panamanian law firm, Mossack Fonseca. The Panama Papers exposed one modus operandi of hiding the real owners of the assets in tax havens.

panama papers modus operandi
The use of Aadhaar as KYC for bank accounts is similar to the note from Panama Law Firm Mossack Fonseca saying “they are an honest client”

Prudent bankers recognise the importance of knowing who they bank with. It is no wonder that the RBI had warned, right from before the Trojan horse was instilled in to the RBI in 2011, that the Aadhaar enrolment process does not have due diligence. It pointed out that for Aadhaar enrolment verification is not compulsory, as confirmed by the UIDAI in the Demographic Data Standards and Verification Procedure, and does not require document based verification.

The RBI also highlighted that such use of Aadhaar as third party identification is against Prevention of Money Laundering Act, the Financial Action Task Force (FATF) and the paper issued on Customer Due Diligence (CDD) for banks by the Basel Committee on Banking Supervision and circulated to scheduled commercial banks by the RBI on November 29, 2004.

The RBI also observed that a fixed time document like the Aadhaar cannot be a Proof of Address. It further cautioned using Business Correspondents (BC), to open bank accounts or undertake banking transactions, as the vulnerability of the system has not been tested and co-mingling funds of different banks in the hands of BC’s was a major operational risk to the banks. While resisting the use of Aadhaar, the RBI also highlighted the Government’s concern about the perceived misuse of such accounts for terrorist financing.

Under pressure from the UIDAI and the Department of Revenue, Ministry of Finance, the RBI, through its circular dated January 27, 2011, allowed bank accounts to be opened exclusively on the basis of Aadhaar number. However the RBI required such accounts to be put to restrictions and be subjected to conditions and limitations prescribed for small accounts.

Not happy with the restrictions, the UIDAI pressed the RBI to lift the restrictions placed on accounts opened with Aadhaar numbers under the PMLA. On September 28, 2011, again through the Department of Revenue, the UIDAI succeeded in getting the RBI to backtrack and suspend the restrictions of the PMLA on bank accounts opened solely through Aadhaar. The UIDAI also succeeded in causing the RBI further to accept eKYC or remotely using information associated with an Aadhaar number as KYC. According to the UIDAI eKYC brings scale to the ease of onboarding customers.

To put the problem in perspective, Aadhaar enrolment was completely outsourced to private parties by the UIDAI with the sole aim of building the worlds largest biometric database. Mr. Nilekani’s UIDAI repeatedly emphasised that they merely provided a framework to issue a number and store the (unverified and unaudited) data.

RTI says Aadhaar has never been verified or audited
UIDAI admits that the Aadhaar (UID) database has never been verified or audited

No one from the UIDAI or even the government even sign the Aadhaar card that is mailed back to the enrolee. The very same organisations that were declared by the UIDAI as holding databases full of ghosts and duplicates were asked to serve as “Registrars” to the enrolment process. They were even given flexibility in the collection, retention and use of the data (including biometric) that they collected.

Without a verification and audit Aadhaar enables duplicates and ghosts
Without a verification and audit Aadhaar enables duplicates and ghosts

No one in the Aadhaar enrolment process was required to identify anyone. At best they had to merely verify documents that were submitted for enrolment. Needless to say anyone in possession of your documents could enrol with minor changes in any demographic information or with different biometrics. Field stories of enrolments are replete with descriptions of biometric jugaad including using combination of persons, use of biometric masks, biometric modifications, and other ingenious methods to maximise registrations.

According to the IT Minister Ravi Shankar Prasad, 34,000 operators who tried to make fake Aadhaar Cards have been blacklisted. Even if each operator worked for a year before being blacklisted, at about 100 cards a day amounts to over a billion cards. That is more than 95 percent of the database. The Aadhaar enrolment has been unlike that of any other identity document, easily scaling the creation of duplicate and ghost identities.

Excrept of IT Minister Ravi Shanker Prasad’s reply in Rajya Sabha on April 10, 2017
Excrept of IT Minister Ravi Shanker Prasad’s reply in Rajya Sabha on April 10, 2017

While there is widespread belief that biometric authentication at time of opening a bank account prevents benami, it ignores the field realities of mobile phone SIM cards being issued on Aadhaar photocopies and used to open bank accounts, of having remotely “downloadable” accounts, and also plain simple use of photocopies of Aadhaar or parallel Aadhaar databases to open bank accounts. With Aadhaar, banks do not have any trace of the real customer. The real customer is simply masked by a benami owner using an Aadhaar number.
Even your Aadhaar can be used, without your knowledge, by a perpetrator to open multiple accounts in order to use it to collect bribes, park black money, or siphon your subsidies. In the eyes of law enforcement, if these accounts are discovered, you will be the criminal.

benami money laundering aadhaar bank account
Is Aadhaar the new Panama?

To compound the problem, UIDAI has no liability for benami bank accounts opened with Aadhaar. After the introduction of the Aadhaar to open bank accounts, the accounts and deposits have doubled in 5 years. No one knows who really controls these accounts.

Growth of bank accounts and deposits in India
Growth of bank accounts and deposits in India

Enabling Benami transactions

Even when it had no mandate to develop banking platforms, in 2009, the UIDAI signed an MoU with the National Payments Corporation of India (NPCI), a non government company, to develop an Aadhaar Enabled Payment System (AEPS). In this MoU the UIDAI has no responsibility for your banking transactions and the NPCI has no obligation to the RBI. The payment system uses the Aadhaar linked to a bank account as a financial address to do electronic money transfers from one Aadhaar number to another.

Company data for NPCI
Company data for NPCI

Unless an Aadhaar is linked to the account, the AEPS cannot access the bank account. Linking a PAN to the Aadhaar will have the same effect as linking the Aadhaar to a bank account as the PAN is already linked to the bank account. Such accounts become Aadhaar enabled. Aadhaar enabled bank accounts are ready to be used by the AEPS for Aadhaar to Aadhaar money transfers.

Linking an Aadhaar to a bank account is done through a process called as “seeding” an Aadhaar number to a bank account. After receiving the Aadhaar number from the customer, the bank uploads such numbers’ into a “NPCI mapper” or a repository of Aadhaar numbers and Institution Identification Number (IIN) numbers used for the purpose of routing transactions to the destination banks. The IIN is a unique 6-digit number issued by NPCI to the participating bank. If you or anyone else seed your Aadhaar with another bank account, the NPCI mapper is overwritten with the new banks’ IIN. Money transferred to an Aadhaar number, using the Aadhaar Enabled Payment System, gets transferred to the bank account linked to the Aadhaar number at the branch recognised by the IIN.

A money launderer can transfer money to an account linked to an alternate IIN and then re-seed the NPCI’s mapper with the original IIN for the Aadhaar number, completely wiping out any trace of money to the alternate IIN. Like transactions of bearer shares in Panama, such money transfers becomes no different from a hawala[4] transaction between real parties who remain anonymous or benami[5].

Your Aadhaar number can be used to facilitate such benami money transfers. If these money transfers linked to your Aadhaar number are detected by investigation officers or tax authorities, you, not the real operator will be held on suspicion of economic offences.

The NPCI’s idea of Aadhaar to Aadhaar banking itself is flawed. It is surprising if the RBI has licensed this payment system under the Payment and Settlements Act.

All money is ultimately stored in bank accounts and not in the name of a person. Nowhere in the world does one transfer money to a person, you transfer it to a persons account. Money transfers to and from a bank account makes every money transfer traceable from source to destination making money laundering difficult, if not impossible.

Hawala schemes make money transfers untraceable by eliminating the bank accounts. Money transfers that, like the hawala, are based on the premise that you do not share an account number, with someone transferring money to you, are inherently flawed in auditability as they wipe out the money trail.

The idea of a mapper, as used by NPCI’s AEPS, does not allow for instructions from sender but relies on periodic update of IIN in the NPCI’s table mapping Aadhaar numbers from banks. As multiple banks have to upload the Aadhaar numbers seeded with accounts held by them, this cannot guarantee desired results.

Perhaps the worst aspect of the mapper is that it slices the business process and outsources parts. This destroys the responsibility of the payment system from any single party as was in the case of NEFT or RTGS. Neither the NPCI, the UIDAI or the banks are responsible in such money transfers. They merely provide “look-up” services. In this system, a single compromised or rogue bank branch, or the perpetuator’s ability to exploit a good one, is enough to siphon off subsidy, park black money or take bribes.

Such money transfers would be difficult, if not impossible, to trace without a whistleblower. A few cases have been reported that suggest the large scale play of this scenario already. For example more than 40,000 erroneous transfers were reported through AEPS in DBT transfers meant as part of drought relief for farmers in Karnataka. The government allegedly blamed the banks for failure to seed the correct Aadhaar numbers with the beneficiaries.

Governments across India had been using the RBI’s own payment system, the NEFT or RTGS, to undertake electronic money transfers. This is also evidenced by the fact that Aadhaar Leaks has exposed that bank details are already present in every record of the leaked data. There is absolutely no reason to switch public payments from NEFT to AEPS, run by a non-government company.

The replacement of a time tested standard of electronic money transfers under government regulation by a non-standard payment system run by a non-government company raises several serious questions of national and public interest, propriety and possible conflicts of interest.

Preventing disaster

If the government and the Supreme Court implement the wisdom of 7 orders of the Supreme Court of India on the use of Aadhaar, they can yet save the country from disaster resulting from the colonisation of India by the new East India Companies or the private interests driving Aadhaar.

In its first order of September 23, 2011 the Supreme Court had indicated that “no person should suffer for not getting the Aadhaar card inspite of the fact that some authority had issued a circular making it mandatory and when any person applies to get the Aadhaar Card voluntarily”.

On August 11, 2015, the 3 member bench restricted the use of Aadhaar and indicated that it may not be used for any other purpose.

On October 15, 2015, a 5 member bench led by the Chief Justice had emphasised that “the Aadhaar card Scheme is purely voluntary and it cannot be made mandatory till the matter is finally decided by this Court”. It had restricted the voluntary use of Aadhaar to public distribution system (PDS) Scheme, the liquefied petroleum gas (LPG) distribution scheme, the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), National Social Assistance Programme (Old Age Pensions, Widow Pensions, Disability Pensions), Prime Minister’s Jan Dhan Yojana (PMJDY) and Employees’ Provident Fund Organisation (EPFO).

In the meantime, following Mahatma Gandhi’s footsteps and refusing to link Aadhaar to anything may be the only option left for you.

On 10 January 1908 Mahatma Gandhi was arrested for the first time in South Africa for refusing to carry an obligatory identity document card commonly known as the ‘pass’.

[1] Aadhaar is a 12 digit random number assigned by India’s Unique Identification Authority of India to unaudited and unverified demographic and biometric information submitted by private enrollers.
[2] Accounts and transactions undertaken using a ghost or a duplicate identity are called benami.
[3] Permanent Account Number or PAN is a number used to track financial transactions and file income tax returns in India.
[4] Hawala is an alternative or parallel remittance system that works outside formal banking systems.
[5] This was first highlighted in September 2014 in http://www.moneylife.in/article/how-aadhaar-linkage-can-destroy-banks/38736.html

 

Originally published here.

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The Ministry of Peace concerns itself with war, the Ministry of Truth with lies, the Ministry of Love with torture and the Ministry of Plenty with starvation. These contradictions are not accidental, nor do they result from ordinary hypocrisy; they are deliberate exercises in doublethink. For it is only by reconciling contradictions that power can be retained indefinitely.

George Orwell, 1984, p. 127

Newspeak, for those unfamiliar with Orwell, is the name of an artificial official language in George Orwell’s Nineteen Eighty-Four. Much of the vocabulary of Newspeak is based on Doublethink. Doublethink is the art of holding two contradictory beliefs in one’s mind simultaneously and accepting both of them. The language in Orwell’s 1984 transforms societal values and the lives of the people completely.

From 2009, when Aadhaar was officially born, the governments in India too have invented an artificial official language. Let’s call it Aadhaarspeak for want of an official name. Although Newspeak is much more than WYSIWYDG, my tech friends call it WYSIWYDG. That’s the opposite of WYSIWYG.

Aadhaarspeak is considered the language of progress. The language of a youthful India. A language of technology and the future. A language that will transform India into a super power, whatever that is. It’s the language where the government is paperless, cashless, and presence-less.

As even existence in India becomes impossible without Aadhaar, many say that the purpose of Aadhaarspeak is to digitally colonise IndiaSome deny that Aadhaarspeak will cause the country to rid its people of their sovereignty, to become democracy-less, bank-less and defence-less.

dictionary meaning of colonization
Are we the new Aadhaar colony?

There is no official dictionary of Aadhaarspeak. That’s why very few know of its existence. That’s also one of the reasons why very few understand what it means. I mean what it really translates to. If you don’t know a whole vocabulary, you don’t understand its world. You can’t make sense of the debate. You miss the point. Before you know it the language changes yourworld, your life with it. It alters your ability to survive or even exist.

So I decided to attempt a glossary for the benefit of those who like to know about it, understand their world and describe it accurately. Its purpose is simply to provide the beginner a first introduction to Aadhaarspeak. It can also be considered as merely a documentation of the voluntary words of 2017.

This modest effort is work-in-progress. Slow, with no sponsorship or even official recognition. This compilation is the result of contributions from hundreds of officials from various governments, thousands of people from all walks of life and over seven years of research. Hundreds of public documents, news reports contributed to this compilation. Painful, as the official references keep playing hide and seek. And sometimes even disappearing altogether. It is, therefore, neither complete nor the official version. Any official denials are, therefore most welcome, especially to set the record absolutely straight for posterity.

If it sounds like technology jargon, some of it is just that. In its fullness Aadhaarspeak is the work of genius. I leave it for you to attribute the quality of goodness or evil to the genius. For that is your right to choice, I would not rob from you. Especially as it will tell me more about you, than of the genius designing Aadhaarspeak.

I recognise that many users of Aadhaarspeak face many limitations in using it to communicate the past with those in the future. That, in the spirit of Newspeak, must be merely accepted as the shortcoming of those who cannot accept the universality of Aadhaarspeak.

Like any glossary is not meant to be read from A to Z, this too should not be read from A to Z. It is meant as a reference, not as a novel. Some early readers have commented that each word could become a Kafka plot, a Galsworthy tragedy or a Solzhenitsyn description of life in the now extinct USSR. That, is merely their imagination running wild.

Those seeking to end Aadhaarspeak seek right to choice, right to self-rule, freedom from coercion, and call an end to digital colonisation by Aadhaar

Just so you know, any resemblance to doublethink is, then, purely your imagination. As many geniuses have highlighted, after all, how can doublethink, the art of holding two contradictory beliefs in one’s mind simultaneously, and accepting both of them, be progress?

The intense debate in the highest courts of the land on just one word from Aadhaarspeak, privacy, after almost 5 years of whispered conversations in corridors on some of Aadhaarspeak, speaks volumes for the power of each word. It may take a lifetime to settle them all. Unless of course they start with the one word they started with in 2013 that is not in Aadhaarspeak.

The word that may not be spoken formed the directions of the highest court of the land in its orders of September 23, 2013. It’s a word we dare not utter anymore as no one, say the official statistics, suffers anymore as we are now voluntarily in Aadhaar land.

Supreme Court Order of September 23, 2013 in WP 494 of 2012
Supreme Court Order of September 23, 2013 in WP 494 of 2012

They say we-the-people have not spoken. We uttered no words when we spent long hours in queues to deposit our hard earned money back in the bank. So the official version must be true.

But then, I am told there are still overwhelmingly large number of individuals who are resisting and even rewriting the Aadhaarspeak. They hope this edition of Aadhaarspeak will be discarded. They look with hope to the Supreme Court to declare this list as corrupt and illegal. They pray that the Supreme Court will restore our right to choiceright to self-rulefreedom from coercion, and a call an end to digital colonisation by Aadhaar. They will ensure that these will not become thought-crimes.

Many would want the world to believe we are not the Mahatma’s India anymore. There is little meditation, satyagraha or civil disobedience left in us anymore. That, said the likes of Martin Luther King and Nelson Mandela, is what character is all about. It is what shapes us and makes a nation great.

Can I offer you my own identification instead of the one you issue to me?

Perhaps those amongst you who are wiser and more equipped to create liberationspeak, for those of us who cannot understand or have little use of Aadhaarspeak, I wish you success. I wish you well. Godspeed.

In Part II, till then, is a first, still work-in-progress, attempt to compile a glossary of Aadhaarspeak.

 

Originally published here.