The bench consisting of Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra stated on Friday that the plea raises significant issues. Consequently, they issued a notice to the Union government and scheduled the matter for a hearing in July.
NEW DELHI: Today (17 May): The Supreme Court heard a Public Interest Litigation (PIL) seeking for alternative digital KYC (Know Your Customer) or e-KYC procedures made for acid attack survivors with eye disfigurement.
The bench, comprising Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra, acknowledged the gravity of the issue and issued a notice to the Union Government. The court has scheduled a hearing on July.
CJI Chandrachud emphasized the importance of the plea, stating,
“You want KYC for acid attack victims. Okay, we will issue a notice. This is an important issue, and we will hear it.”
The PIL narrates the ordeal of one petitioner, a survivor grappling with severe eye-disfigurement and facial damage. In July 2023, she encountered obstacles while attempting to open a bank account at ICICI Bank. The bank’s insistence on a “live photograph” requirement, involving blinking before the camera, posed a significant challenge for her.
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Highlighting the regulatory framework governed by the Reserve Bank of India (RBI), the petition underscores the mandatory nature of proving ‘liveness’ through eye blinking during the KYC process. Despite the social media uproar prompting ICICI Bank to make an exception for the petitioner, many survivors continue to face similar hurdles.
The PIL calls for directives from the Center to formulate fresh guidelines facilitating alternative methods for digital KYC/e-KYC verification for acid attack survivors. It also urges public and private establishments conducting KYC processes to adhere to these guidelines effectively.
Ealier, Nine acid attack survivors have approached the Supreme Court of India, urging the establishment of more inclusive digital Know Your Customer (KYC) guidelines. These guidelines aim to address the unique challenges faced by individuals with permanent disfigurements, particularly those affecting the eyes, in accessing essential services like banking and telecommunications.
The survivors, through their petition, have highlighted the “indignity and humiliation” they often endure while navigating various bureaucratic processes. They recounted difficulties in obtaining SIM cards and opening bank accounts independently due to the conventional requirements of digital KYC methods, which do not cater to their physical limitations.
One example cited in the petition involves a survivor who was unable to complete the digital KYC requirement to blink during photo verification, forcing her to register a SIM card under her spouse’s name.
The petitioners have laid out a comprehensive set of proposed directives for the central government and regulatory bodies:
- Formulate new guidelines that provide alternative methods for completing digital KYC, accommodating individuals who cannot meet current photographic requirements.
- Ensure all entities involved in digital KYC adhere to these new guidelines and develop internal policies that support their implementation.
- Modify the definition of “live photograph” in the KYC process to include other forms of verification such as facial movements or voice recognition, beyond the narrow criterion of eye blinking.
- Encourage the Reserve Bank of India (RBI), Securities and Exchange Board of India (SEBI), and Telecom Regulatory Authority of India (TRAI) to guide regulated entities to adopt these inclusive practices.
- Implement sensitization programs for entities performing digital KYC to better support acid attack survivors and others with similar challenges.
Advocates Nimisha Menon, Yamuna Rizvi, Ishita Soni, and Pranya Madan drafted the petition, represented by advocate Nitin Saluja, with Senior Advocate Siddharth Luthra overseeing its settlement.
Case Title: Pragya Prasun vs Union of India
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