SC issues notice on guidelines for Digital KYC process for acid attack survivors

New Delhi: The Supreme Court on Friday issued notice to the Centre and others on a plea seeking direction to authorities to frame appropriate guidelines providing for alternative methods to conduct the Digital KYC process for acid attack survivors suffering with permanent eye-disfigurement or eye-burns. SC said it is an important issue.

A bench led by Chief Justice of India DY Chandrachud and also comprising justices JB Pardiwala and Manoj Misra said that it will take up the matter in July.

The plea has been filed by nine acid attack survivors including one Pragya Prasun. The petition urged the top court to direct the respondent authorities to frame appropriate guidelines providing for alternative methods to conduct the Digital KYC/e-KYC (Electronic Know Your Customer) process for acid attack survivors suffering from permanent eye-disfigurement or eye burns, with the view to make the Digital KYC/e-KYC process more accessible and inclusive towards all disabled persons, particularly acid attack survivors.

The petitioners said that they have faced multiple obstacles with different regulatory authorities and public and private establishments in different sectors to access basic financial and telecommunication services.

"The following accessibility barriers were faced by the Petitioners herein due to their inability to blink and as such complete their Digital KYC/e-KYC process while attempting to avail basic goods and services which are essential to lead a life with dignity, autonomy and equality, and participate in day-to-day life," the petition read.

The petition also sought to direct public and private establishments conducting Digital KYC/e-KYC process to effectively implement the aforesaid guidelines and frame appropriate organizational policies to provide for alternative methods or means that enable acid-attack survivors suffering from permanent eye-disfigurement or similarly placed individuals to conduct their Digital KYC/e-KYC process.

The petition also sought to issue an appropriate direction to the Central Government to frame appropriate provisions to expand or clarify the meaning and interpretation of "live photograph" of the RBI - KYC Master Directions, 2016 for conducting the Digital KYC/e-KYC process to expand its purview beyond the blinking of eyes with other alternative criteria such as movements of facial features and/or voice recognition.

The petition also sought to issue direction to the RBI to amend and/or frame suitable alternatives for satisfying the requirement of "live photo" in the Digital KYC/e-KYC process under the RBI - KYC Master Directions, 2016 to enable acid attack survivors suffering from permanent eye-disfigurement and other similarly placed individuals to conduct the KYC process independently.

The petition also sought to issue direction to RBI, SEBI, and TRAI to issue instructions to all public and private organisations and institutions regulated by them including banks, financial institutions, service providers, and intermediaries wherein KYC is conducted to adopt and/or follow offline and/or physical KYC procedures for acid attack survivors suffering from permanent eye-disfigurement and other similarly placed individuals who cannot blink their eyes for conducting the Digital KYC/e-KYC process and to sensitise all public and private establishments conducting the Digital KYC/e-KYC to actively assist acid- attack survivors with permanent eye-disfigurement and similarly placed individuals in availing their banking, telecommunication, and other financial services.