Apex Court Issues Notice In PIL Seeking Alternative E-KYC Method For Acid Attack Survivors Suffering From Permanent Eye-Disfigurement Or Eye-Burns

A Public Interest Litigation (PIL) has been filed before the Supreme Court seeking an alternative Digital KYC (Know Your Customer) or e-KYC process tailored for acid attack survivors with eye-disfigurement or eye-burns. 

The Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra considered the gravity of the issues raised in the PIL and issued notice to the Union of India.

While issuing notice, the CJI remarked, "This is an important issue; we will hear it." Accordingly, the Court scheduled the matter for hearing in July. 

The PIL has been filed by acid attack survivors who have lost their vision and are not able to complete the KYC process due to their inability to blink. They have moved the Court through Advocate on Record (AoR) Nitin Saluja. The plea has been settled by Senior Advocate Siddharth Luthra. 

The Petition underscores the plight of acid attack survivors, particularly one petitioner with severe eye-disfigurement and facial damage who faced hurdles while attempting to open a bank account at ICICI Bank. She was unable to fulfil the digital KYC/e-KYC process requirement due to the bank's insistence on capturing a "live photograph" by blinking her eyes.

"The present method of conducting Digital KYC/e-KYC hinges primarily on capturing a user’s real time image, or “live photo” to verify the customer’s identity. However, public and private establishments have interpreted ‘liveness’ criterion, i.e., real time facial movement, for the Digital KYC/e-KYC process to be limited to the blinking of an eye," the plea states. 

The plea contends that the standard KYC process, regulated by the RBI, mandates proving 'liveness' by blinking before the camera, which is unfeasible for individuals with eye injuries. Although the bank relented for the Petitioner amid public outcry on social media, the PIL emphasizes that numerous survivors encounter similar obstacles.

"Unable to resolve the issue through traditional channels, Petitioner No. 1 turned to social media to expose the difficulties faced by many survivors when attempting to open bank accounts. Soon after, a senior executive from the bank reached out to her and informed that they could make an exception for her to open her account. While a senior executive did reach out to offer a solution for her individual situation (as an exception), the broader issue of similarly placed survivors remains unaddressed," the plea states. 

Seeking redressal, the PIL urges the Court to direct the Centre to formulate fresh guidelines for conducting digital KYC/e-KYC processes for acid attack survivors. Additionally, it calls for directives for public and private entities to implement these guidelines effectively.

"The reliefs sought in the present Petition are necessary and appropriate to ensure that people with disabilities can enjoy or exercise their rights equally with others," the plea reads.

The PIL has pressed for the need to:

1. Ensure that offline-KYC is carried out in instances wherein Digital KYC/e-KYC cannot be completed, or biometrics cannot be obtained to ensure effective implementation of the extant guidelines under the Rights of Persons with Disabilities Act, 2016 and the Constitution of India

2. Expand the restrictive understanding and scope of the ‘liveness’ criterion under the Digital KYC/e-KYC process or frame appropriate alternative policies to make the Digital KYC process more inclusive towards acid attack survivors and other persons suffering from permanent eye-disfigurements.

Appearance:

For Petitioner: AoR Nitin Saluja, Advocates Nimisha Menon, Yamuna Rizvi, Ishita Soni, Pranya Madan, Samarth Luthra, and Anmol Kheta

Cause Title: Pragya Prasun and Ors. v. Union of India and Ors. [W.P. (C) No. 289/2024]