Punjab and Haryana High Court calls for one person, one prepaid SIM to combat cybercrime

Saurabh Malik

Chandigarh, June 1

It may send bells ringing, but the Punjab and Haryana High Court has called for a transformative change in telecommunication policy: one person, one prepaid number. The exceptional proposition aims to disconnect the society from the growing menace of cybercrime.

Justice Anoop Chitkara also suggested hanging up on the issue of call routing via international cellular networks and the internet by implementing default blocking of incoming calls with international country calling codes. The subscribers, at the same time, could be given the option to opt-in at their discretion.

“This strategy guarantees that subscribers exclusively receive calls pertinent to their geographical context. For instance, individuals devoid of overseas acquaintances or relations may question the necessity of receiving calls originating from international codes featuring prefixes such as +91 or +00. Conversely, subscribers who have traveled internationally or maintain connections abroad retain the flexibility to activate incoming calls from specific countries,” Justice Chitkara asserted.

Justice Chitkara also added the Union Ministry of Telecommunication as a respondent before directing the officer concerned to file response on an affidavit. The directions came on a petition by a Madhya Pradesh resident confined in Hisar Central Jail on allegations of facilitating cybercrime by activating and supplying SIM numbers to co-accused. The Bench was told that 35 SIM cards were issued in his name; 12 were still active.

“Why does the Ministry of Telecommunication permit individuals, firms, or companies to acquire multiple prepaid SIM cards under their name? Given the aadhaar card is exclusively linked to a single SIM card for OTP generation, there seems to be no justification for the issuance of multiple prepaid SIM cards? Justice Chitkara questioned.

Referring to mobile phones use by minors, Justice Chitkara asserted the parents and caretakers could be given an option to obtain prepaid SIM cards associated with their Aadhaar cards. Similarly, foreign nationals should be entitled to acquire a single prepaid SIM card, contingent upon the verification and validation of their passports through OTP. Individuals seeking additional SIM cards could always opt for post-paid numbers, provided they underwent verification procedures. Any misuse would result in temporary disconnection.

Giving reasons, Justice Chitkara asserted reports suggested cybercrime predominantly took place through prepaid SIM cards, rather than post-paid cards or landlines. “As the executive has largely been unsuccessful in curbing the escalating threat of cybercrime, one potential immediate solution could involve limiting the maximum number of prepaid SIM cards per individual. These prepaid SIM cards could be programmed to automatically disconnect upon the individual’s death being recorded in official records”.

Justice Chitkara added such restriction, if imposed by the central government, would not inherently infringe upon any fundamental or statutory rights as the individuals retain the option to acquire post-paid SIM cards and landlines issued by companies only following thorough verification procedures. The subscribers could be given the option to convert pre-paid into post-paid, with a directive to the service providers to disconnect all other prepaid SIM cards by a specified deadline.