SC push for inclusivity: Centre, RBI ordered to make digital KYC process accessible to disabled

New Delhi, Apr 30 (PTI) The Supreme Court on Wednesday directed the Centre and others to make the process of digital KYC accessible to the disabled, particularly those with facial disfigurements and visual disabilities.

A bench of Justices J B Pardiwala and R Mahadevan issued 20 such directions to the Centre and different public entities to make the digital KYC process more inclusive.

Among others, the top court directed different ministries to ask all regulating authorities -- government or private -- to follow accessibility standards as prescribed from time to time.

"The respondents shall appoint a nodal officer in every department responsible for digital accessibility compliance," it said.

All regulated entities must mandatorily undergo periodical accessibility audit by certified accessibility professionals and involve persons with blindness in user acceptance testing phase while designing any app or website or in case of any new feature being launched, it added.

The top court ordered the RBI to issue guidelines on introducing alternative modes for verifying the "liveness" or capturing a "live photograph" of the customers for digital KYC beyond the traditional "blinking of eyes".

The RBI was ordered ensure the entities had customer due diligence and the on-boarding of new customers could be done using the video-based KYC process, in line with the 2016 KYC provisions in which blinking of the eyes was not mandatory.

"The respondent authorities must design their KYC templates or customer acquisition forms to capture disability type and percentage of the customer and appropriately record as part of the account records so as to provide them accessible services or reasonable accommodations," the bench said.

The authorities were directed to give clear directions to all regulated entities to accept the image of thumb impression during the digital KYC process.

The bench directed the Ministry of Electronics and Information Technology to make the necessary amendments to its notification of December 5, 2023 to ensure paper-based KYC process for verification of customers will continue, enabling the petitioners and other similarly-placed individuals to avail an accessible alternative for completing the KYC procedure.

"The respondent authorities shall provide options for sign language interpretation, closed captions, and audio descriptions for visually and hearing impaired users," the bench said.

They were further ordered to include alternative media such as braille, easy-to-read formats, voice-enabled services, to disseminate government notifications and deliver public services, ensuring accessibility for all.

Authorities were also directed to ensure online services including e-governance platforms, digital payment systems, and e-launching platforms are accessible to persons with disabilities.

"The respondent authorities shall issue appropriate guidelines to develop and implement a mechanism where customers who have already completed their KYC process with one regulated entity may authorise the sharing of their KYC information with other entities through the Central KYC Registry (CKYCR)," it said.

A dedicated grievance redressal mechanism for persons with disabilities to report accessibility issues was asked to be instituted.

"The respondent authorities shall establish a mechanism for human review of rejected KYC applications in cases where accessibility-related challenges prevent successful verification. A designated human officer shall be empowered to override automated rejections and approve applications on a case-by-case basis," it said.

The order underlined the importance of helplines for persons with disabilities for a step-by-step assistance in completing the KYC process through voice or video support.

"RBI shall monitor and ensure strict adherence by all regulated entities to the guidelines/notifications/directions issued by it, including those in terms of directions issued by this court..,” it said.

The top court passed the verdict on two pleas including one filed by acid attack survivors, who suffer from facial disfigurement and severe eye burns and another filed by an individual suffering with 100 percent blindness.

The petitioners have highlighted in the apex court their inability to complete KYC processes, which require them to perform visual tasks such as blinking, moving the head, or positioning their face within specified frames — tasks, which they are unable to accomplish due to their visual impairments and facial disfigurements. PTI MNL MNL AMK AMK

Source: PTI